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ARTICLE · 28 APRIL 2023

India Digital Regulations Update: Internet Intermediaries And Online Gaming Content

BTG Advaya
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The ongoing regulatory tussle in India relating to the control of online content has spread to the online gaming space. The Indian government recently notified amendments to the Information Technology...

IndiaMedia, Telecoms, IT, Entertainment
Vikram Jeet Singh
Vikram Jeet Singh
Kalindhi Bhatia
Kalindhi Bhatia
Prashant Daga
Prashant Daga
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The ongoing regulatory tussle in India relating to the control of online content has spread to the online gaming space. The Indian government recently notified amendments to the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code), Rules, 2021 ("2021 IT Rules").

You will remember that undertaking 'due diligence' as per the 2021 IT Rules is a prerequisite for an intermediary to seek safe harbor protection, i.e., immunity from liability arising due to third party content that it carries. The Indian Government has sought to limit this freedom, by progressively requiring Internet intermediaries to carry out additional due diligence on specified content. These new amendments prescribe false information take down obligations, conditions on online gaming advertising and due diligence for online gaming intermediaries.

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