Regulatory clean chit a priority for survival of real money gaming sector
Our Partner, Jitendra Soni shares his views with The Financial Express in an article titled, “Regulatory clean chit a priority for survival of real money gaming sector” which analyses the laws enacted by different States in India to regulate online gaming apps offered by DFS and RMG players in the industry.
Sharing his perspective on the ‘Game of Skill v. Game of Chance’ debate surrounding the legality of such online games, Jitendra stated that:
“Although Indian laws on gambling largely predate the internet and are inconsistent across States, it does provide safe harbour for games of skill… So, the moot question is not about the legality of real-money games and fantasy sports. It is about the lack of a bright line test guiding the developers and publishers on whether a particular game is predominantly a game of chance or a game of skill…”
He further added that, “There are only a few games which may be pure of chance or skill. It is the dominant element of these two, or what the Indian courts call the ‘predominance test, which determines the real character of the game. Further, the Indian courts have also given weightage to the dynamics of online games while applying this test. Whether a game is of chance or skill is ultimately a question of fact to be decided on the basis of the facts and circumstances of each case. For that reason, while games such as rummy, bridge, etc. are games of skill, casino games (such as blackjack, roulette, etc.) are chance-based games or akin to gambling,”
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