The Ministry of Information and Broadcasting has issued an advisory to all endorsers and influencers on social media, urging them to avoid promoting or advertising offshore online betting and gambling platforms, including surrogate advertisements. The ministry stated that such advertisements have significant financial and socio-economic implications for consumers, especially the youth, in relation to online betting and gambling.
In addition to this, the Ministry has further advised online advertising intermediaries not to target promotional content toward the Indian audience. Social media intermediaries have also been advised to sensitise their users and discourage the publication of such content.
“While the online advertisement intermediaries are advised not to target such content towards Indian audience, the social media intermediaries are advised to conduct sensitization efforts among their users to refrain from publishing such content,” the advisory said.
The advisory underlines that Section 79 of the IT Act, 2000 provides that intermediaries are not responsible for third-party information, data, or communication links on their platform. However, if the government notifies them of unlawful activities on resources controlled by them, they must promptly remove or disable access to the material without tampering with the evidence.
As per the advisory, failure to comply with these directions may lead to proceedings under the provisions of the Consumer Protection Act, 2019, which may include the removal or disabling of social media posts or accounts and penal action under the applicable statutes.
“It is hereby cautioned that failure to comply with the above may lead to proceedings under the provisions of the Consumer Protection Act, 2019, removal/disabling of social media posts/accounts where such promotional content/advertisements/endorsements are being published, and penal action under the applicable statutes,” the advisory added.
The new advisory by the ministry is a reiteration of the advisory issued by the Central Consumer Protection Authority (CCPA) on March 6, 2024. The CCPA advisory has expressed “concerns regarding endorsements of betting/gambling platforms by celebrities and influencers” and had “cautioned that any such direct or indirect advertisement or endorsement shall be subject to rigorous scrutiny”.
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