Govt objects to betting platform encouraging audience to watch sports league on its website

It prima facie appears to be in violation of the Copyright Act, 1957

The Ministry of Information & Broadcasting while advising media entities, platforms and the online advertisement intermediaries to refrain from carrying advertisements, promotional content of betting platforms, has also objected to the promotion by a specific betting platform encouraging the audience to watch a sports league on its website, which prima facie appears to be in violation of the Copyright Act, 1957.

In an Advisory issued on Thursday, the Ministry has taken strong exception to the recent instances of mainstream English and Hindi newspapers carrying advertisements and promotional content of betting websites. The Advisory has been issued to all media formats, including newspapers, television channels, and online news publishers, and showed specific examples where such advertisements have appeared in the media in recent times.

While emphasizing on the legal obligation as well as the moral duty of the media, the Advisory refers to provisions of the Norms of Journalistic Conduct of the Press Council which, interalia, mentions that “newspapers should not publish an advertisement containing anything which is unlawful or illegal…………”, and further that “The newspapers and periodicals should scrutinize the advertisement inputs from ethical as well as legal angles in view of the editor’s responsibility for all contents including advertisement, under Section 7 of PRB Act, 1867. Revenue generation alone cannot and should not be the sole aim of the Press, juxtaposed much larger public responsibility”.

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The Ministry had earlier issued Advisories in the months of June and October, 2022 stating that betting and gambling are illegal, and hence direct or surrogate advertisements of such activities falls foul of the Consumer Protection Act, 2019, the Press Council Act 1978, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and other relevant statutes.

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