Blurred line between gaming and gambling

bBeing careful with language is a part of the job description for two professions in particular: law and journalism. And when the interests of these two businesses – and the appropriate terminology to describe those interests – are in conflict, things get complicated.

Recently, at least three people from one industry called me to share information about their advocacy efforts with the government. This industry represents a range of online apps or platforms where users can risk their money to win or, as is often the case, lose what they put in. Games include casino staples such as poker and rummy. In some parts of the world these are called online gambling apps.

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While the Constitution gives states the power to regulate “betting and gambling”, the platforms have repeatedly and successfully made the case that games such as rummy and poker are ‘games of skill’ and therefore do not fall under either category.

It is true that the platforms carry financial risks, which they themselves have disclosed. And even skilled players can miscalculate and lose large amounts of money. Still, calling these apps ‘online gambling’ causes trouble. This is because the courts have held that playing games such as poker and rummy require application of mind and are not considered gambling. Who are journalists, to say otherwise? The industry prefers the term ‘real money gaming’ or RMG.

Today, the state and journalists are scrutinizing the industry. The spate of suicides has highlighted the financial and other damages that addiction to such games can cause. Tamil Nadu has attempted to define and restrict these platforms by enacting a law to prohibit ‘online gaming’. It is a far broader category than the term RMG adopted by the industry and refers to video games that involve varying degrees of risk, and mostly without money at stake, as with speculative apps that rely on personal luck. can be determined. The first attempt at prohibition under the AIADMK-led administration was quashed by the Madras High Court. The DMK-led government appointed retired Justice K.K. Chandru last year to head a committee to probe the issue. The committee’s report included insights from school teachers, which suggested that it was not just RMG apps that were the focus of the government.

Last August, the Home Department had conducted a consultation. I asked whether stakeholder submissions could be disclosed in the public interest. But the submissions were not made public despite several Right to Information requests seeking copies.

When the central government drafted a far more lenient approach to regulating the industry, the Minister of State for Electronics and Information Technology told reporters that “any sport that conducts or permits betting on its outcome , is effectively a no-go area.” But the draft he unveiled spelled out safeguards for such platforms. And the draft called them ‘online gaming providers’, as the IT ministry has been asked to The allocation of business rules made sometime back was amended to allow regulated.

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Vagueness and blurred lines ultimately confuse readers. So what can we do? Dealing outright with video games in real money games is a journalistically appalling practice. In my writing, I have used phrases such as “games that allow players to wager real money” and “betting platforms” when referring to games such as Rummy and Poker. It’s not as obvious as “online gambling”, but it gets the message across.

As the online gaming amendment approaches notification, and amendments are prepared to include other forms of non-stakes video games, it will be more important to report what the real money gaming industry actually is and what it is not. This is a privilege for policy clarity as well as a need for readers to understand the concerns and rule-making related to RMGs.