No targeted ads for those below 18 years: AIGF in draft model charter for self regulatory body

AIGF, which is the apex industry body for online skill gaming in India, has put together a draft of a model charter for the Self-Regulatory Body for online gaming intermediaries in accordance with the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The draft is currently being circulated among stakeholders so they can provide comments and will be finalised post reviewing of the same.

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The charter also calls on members “to implement measures to safeguard children, including measures for parental or access control and classifying online games through age rating, based on the nature and type of content,” as per the document that has been reviewed by ET.

It also mandates that members do not indulge in surrogate advertisement or promotion of an online game that is not a permissible online game.

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Under the obligations of members, the draft charter said that no member shall offer Real Money Games which are in the nature of games of chance, any online game that involves wagering on any outcome, or any game that is not a permissible online game. “Members shall ensure that no Real Money Games are offered, except as permitted under all Applicable Laws. Members shall abide by all conditions and requirements prescribed by the Central Government or State Governments that they are subject to, including any licensing or approval mechanisms,” the charter, which was reviewed by ET read.

Queries sent to AIGF remained unanswered.

As for verification, the draft charter claimed that the SRB would endeavor to approve or reject an application expeditiously, but in no event exceed a time of three (3) months.

It said it would develop and implement protocols for the verification of online games, which shall incorporate qualitative and quantitative elements.

However, it clearly stated that there was an obligation to comply with any directions of the Nodal Ministry (Ministry of Electronics and Information Technology) in relation to the rectification of verifications undertaken by the SRB.

Membership to the SRB would be granted for a period of one year, subject to payment of the membership fee and that a member could renew their membership at the end of that term.

Members were expected to notify users and the SRB of any changes to their user policies within 24 hours of such changes coming into effect.

The draft also asks members to ensure the preservation of all information regarding content that has been taken down by it, as well as user registration information for a period of 180 days after takedown of content and withdrawal or cancellation of user registration.

“Members shall conduct the verification of the identity of their users as required by Applicable Regulation and follow Know-Your-Customer process similar to guidelines of the Reserve bank of India in relation to relevant prepaid instruments,” the draft charter added.

It also said that the SRB would appoint a Grievance Officer who shall be in-charge of acknowledging and resolving all disputes with respect to the verification of Real Money Games within statutory timelines. It stated that if a grievance is not resolved within the specified timeline, an aggrieved member may approach the Grievance Appellate Committee.

“The Self-Regulatory Body and its Members will abide by all orders and recommendations of the Grievance Appellate Committee as set up by the Central Government under the Applicable Regulations and will upload reports detailing compliance with such orders and recommendations on its website,” it said.

The government categorically said it will not allow the industry to take complete control of the proposed self-regulatory body for online gaming. In fact, Union Minister of State for Electronics and IT Rajeev Chandrasekhar went a step ahead and said the government would “certainly not allow the industry to hijack the SRO.”