The Ministry of Information and Broadcasting has issued an advisory cautioning social media influencers against endorsing or promoting offshore online betting and gambling platforms, including through surrogate advertisements.
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According to, the I&B Ministry spokesperson, “The Ministry has advised all endorsers and influencers on social media to refrain from promoting or advertising, including surrogate advertisements, of offshore online betting and gambling platforms.”
Highlighting the concerns, the spokesperson said, “The Ministry has said that these advertisements have significant financial and socio-economic implications of online betting and gambling on consumers, particularly the youth.”
The spokesperson further elaborated on the advisory’s directives, stating, “The Ministry has advised online advertisement intermediaries not to target such promotional content towards the Indian audience. Social media intermediaries have also been advised to conduct sensitization efforts among their users to refrain from publishing such content.”
Underlining the consequences of non-compliance, the spokesperson cautioned, “Failure to comply with the advisory may lead to proceedings under the provisions of the Consumer Protection Act, 2019, including removal or disabling of social media posts or accounts, and penal action under the applicable statutes.”
The spokesperson cited the legal provisions regarding intermediary liability, stating, “The advisory underlines that while Section 79 of the IT Act, 2000, provides for exemption from liability of intermediaries for third-party information, data, or communication link made available or hosted by them, Sub-section (3)(b) of section 79 provides that the exemption from liability shall not apply if, upon receiving actual knowledge or being notified by the appropriate Government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit an unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner.”
The spokesperson further mentioned, “The Ministry has reiterated the advisory by the Central Consumer Protection Authority (CCPA) dated 06.03.2024, which had expressed concerns regarding endorsements of betting/gambling platforms by celebrities and influencers to endorse and promote their betting activities, and had cautioned that any such direct or indirect advertisement or endorsement shall be subject to rigorous scrutiny.”
The advisory can be accessed at the link https://mib.gov.in/sites/default/files/Advisory%20dated%2021.03.2021%20%281%29.pdf provided by the Ministry. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXx
