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India's Online Gaming Industry

2024 JAN 17

Mains   > Economic Development   >   Indian Economy and issues   >   Innovation and New technologies

Syllabus: GS 3   > Economic Development   >   Indian Economy and issues   >   Innovation and New technologies

REFERENCE NEWS:

  • Recently, the Supreme Court of India issued a notice to the Central government and the Directorate General of Goods and Services Tax Intelligence in response to a plea filed by online gaming companies against the imposition of 28% goods and service tax (GST) on full face value for online gaming.
  • Also, the rapid growth of online gaming has sparked discussions about the need for government regulation to address issues like addiction, mental health concerns, financial fraud, and data privacy and security?.

MORE ON NEWS:

  • The GST Council, in August 2023, amended the law to clarify that all online games involving bets, irrespective of skill or chance, will attract a GST rate of 28% on the full value of the bets placed, and not on the gross gaming revenue. Previously, most gaming companies were paying a tax of 18% applicable on the platform fees.
  • Following the council’s decision, online gaming companies were served with huge tax demands. Online gaming companies were served show-cause notices for alleged tax evasions to the tune of ?1 lakh crore in 2023.

ONLINE GAMING:

  • Online gaming refers to playing games over the Internet or a computer network. This form of gaming allows players from different locations around the world to interact and engage in gameplay through digital platforms.
  • Online gaming includes various types of games, such as e-sports (organised electronic sports with professional players), fantasy sports (based on selecting real-life sports players and scoring points based on their performance), skill-based games (involving mental skills like chess), and gamble-type games (based on random activities like playing cards or rummy).
“Game of skill” and “Game of chance”.
  • The Indian law discriminates each game to be a “game of skill” and “game of chance”.
  • Game of Skill: A game where the outcome is predominantly determined by the player's skill, knowledge, or expertise. For instance, betting in “game of skill” is legal in India. This provision is being utilized by fantasy sports like Dream11.
  • Game of Chance: In contrast, a game of chance is one where the outcome is primarily determined by luck or random events, with little to no role for player skill. Eg: lottery, roulette, or slot machines etc.

THE SIGNIFICANCE OF THE ONLINE GAMING INDUSTRY FOR INDIA

  • Market Size and Growth: The Indian gaming market is projected to be valued at USD 3.49 billion in 2024 and is expected to nearly double, reaching USD 7.24 billion by 2029. The growing IT infrastructure, including the rise in smartphone and internet usage, supports the market growth.
  • Tax Revenues: The industry contributes significantly to the government's revenues through GST taxation. For instance, imposition of 28% GST on full face value for online gaming.
  • Foreign Investments: The industry has been a major contributor to foreign investments, having attracted close to Rs 23,000 crore in funding over the last five years.
  • Job Creation: It supports employment across various sectors, including game development, network services, and payment solutions?? etc.
  • Advertising and Subscription Revenues: The industry boosts advertising revenues and is expected to benefit from subscription models, especially with the advent of 5G and cloud gaming.
  • Integration of Advanced Technologies: The industry is at the forefront of integrating technologies like Virtual Reality (VR), Augmented Reality(AR), and the metaverse, enhancing the gaming experience.
Metaverse
  • The metaverse is a virtual reality space where people can interact with each other and digital environments in a shared online space.
  • The idea is to create a fully immersive and interconnected digital realm that parallels the real world in many ways, offering a wide range of experiences and opportunities. Companies like Facebook (now Meta), Microsoft, and other tech giants are investing in the development of the metaverse.
  • Promotion of Digital India: The industry aligns with the Indian government's vision of a 'Digital India', encouraging innovation and development in the digital space?.
  • Rising Start-up Culture: India's online gaming sector, dominated by home-grown startups, has seen significant growth, exemplified by Games24x7's rise to a USD2.5 billion valuation in March 2022, becoming a unicorn.
  • Global Connectivity and Skill Development: Online gaming connects Indian players to a global community, promoting cross-cultural exchanges. Also, gaming can lead to skill development in areas like strategic thinking and problem-solving.

ISSUES AND CONCERNS ASSOCIATED WITH ONLINE GAMING

  • Addiction and Mental Health Concerns: 
    • The WHO's classification of "gaming disorder" as a mental health condition in 2018 highlights the growing concern about gaming addiction. Prolonged online gaming can lead to mental health issues, including social neglect, sleep deprivation, poor nutrition, and behaviour changes.
  • Financial Fraud Risks: 
    • In India, there is increasing concern about financial frauds in online gaming. These include scams and misuse of personal financial information, with instances where players have been tricked into revealing their bank details for deceptive in-game purchases.
    • For instance, in 2023, the Enforcement Directorate (ED) conducted extensive searches and seizures across multiple states, uncovering a massive online gaming scam estimated at around Rs 4,000 crore.
  • Tax Evasion: 
    • Tax officials have raised concerns that online gaming companies may have avoided paying taxes. The government is looking into implementing more stringent tax policies for these companies.
  • Socioeconomic Dangers
    • The Ministry of Information and Broadcasting has advised against the promotion of online betting sites, citing major financial and socioeconomic dangers, especially to children and adolescents.
  • Legal And Regulatory Challenges
    • The legal status of various online games, especially those involving monetary transactions, remains a complex issue. Differentiating between games of skill and chance is a major regulatory challenge.
  • Emerging Cybercrime Trends
    • Trends in cybercrime identified by the Parliamentary Standing Committee include money laundering through international online betting sites.
  • Inappropriate Content
    • Games might contain violent, sexual, or other content not suitable for all ages. For instance, recently, there has been a disturbing incident reported in the news regarding a 16-year-old girl in the UK who was virtually "gang-raped" in a metaverse game.
  • Exploitation of Young Players
    • Younger players are particularly vulnerable to online gaming frauds. They might be unaware of the value of money or the risks associated with online transactions, making them easy targets for scammers.

REGULATION OF ONLINE GAMING IN INDIA:

  • Rules for Online Gaming, amending the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
    • The Ministry of Electronics and Information Technology (MeitY) has notified rules regarding online gaming under the Information Technology Rules,2021.These rules introduce several important provisions and requirements:
    • The rules define an ‘online game’ as “a game that is offered on the internet and is accessible by a user through a computer resource or an intermediary”.
    • The new rules for online gaming prohibit any game that involves betting and wagering

What is wagering?

An amount of money that you risk in the hope of winning more, by trying to guess something uncertain

  • As per the rules, the government will appoint multiple self-regulatory organizations (SROs) comprising industry representatives, educationists and other experts such as child experts, psychology experts, and so on. 
  • SROs will be responsible for declaring online games permissible on the basis of whether games allow wagers. 
  • For extra reading: https://ilearncana.com/details/Online-Gaming/4275

STATE-SPECIFIC REGULATIONS

  • Different states in India have their own regulations regarding online gaming.
    • Tamil Nadu implemented the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act in 2023, which bans online gambling and certain real-money online games of chance within the state.
    • States like Nagaland have a licensing regime specifically for skill games.
    • Telangana and Andhra Pradesh have amended their state gaming laws to impose a blanket prohibition on all games played for stakes, including skill games.

WAY FORWARD:

  • Government Intervention: There's a call for the government to play a proactive role in regulating the online gaming industry, setting guidelines for responsible gaming, and ensuring age restrictions are enforced. Building upon the existing regulations, there's a need for a more comprehensive legal framework that clearly differentiates between various types of games (e.g., games of skill vs. games of chance) and establishes specific guidelines for each category.
  • Promoting Responsible Gaming: The industry and regulators should promote responsible gaming practices, including setting spending limits, providing easy access to help for gaming addiction, and implementing strict age verification processes to protect minors.
  • Public Awareness Campaigns: Government and industry-led campaigns can educate the public about the risks associated with online gaming, such as addiction, financial fraud, and exposure to inappropriate content.
  • Unified National Policy: Considering the diverse state-specific laws, a unified national policy could help streamline regulations across the country, providing clarity and uniformity for gaming companies and players.
  • Strengthening Cybersecurity Measures: Given the risks of financial fraud and cybercrime, robust cybersecurity measures need to be implemented.
  • Industry and Government Collaboration: A collaborative approach involving industry stakeholders, government agencies, and experts in fields like psychology and child welfare can lead to more balanced and effective regulations.
  • Innovation and Skill Development: Encouraging innovation in game development and promoting skill development in areas like strategic thinking and problem-solving can enhance the quality of games and the overall gaming experience.
  • Investing in Research and Development: Investment in R&D can lead to advancements in gaming technology, including VR, AR, and AI, ensuring that the Indian gaming industry remains at the forefront of global trends.
  • Global Collaboration and Standards: Engaging in global dialogue and adopting international best practices can help address cross-border challenges such as money laundering and the operation of international betting sites.

PRACTICE QUESTION:

Q. "The growth of online gaming in India presents a mix of challenges and opportunities." Elucidate.(15 marks, 250 words)