Advertising of illegal online games in focus as govt expands enforcement powers

Advertising of illegal online games is set to come under sharper regulatory scrutiny as the Centre moves to expand enforcement powers under its proposed gaming framework, with MeitY Secretary S Krishnan indicating that promotions of unregistered platforms will be treated as a key offence alongside their operation and associated financial transactions.

The move signals a broader attempt to plug regulatory gaps by targeting the visibility and reach of such platforms, even as the government works to establish a dedicated authority to determine compliance and mandate registration based on user risk and public interest considerations.

The government is seeking to strike a calibrated balance between enforcement and accessibility in its evolving framework for regulating online gaming, with provisions that widen investigative powers while introducing safeguards and structured oversight, according to MeitY Secretary S Krishnan.

Krishnan indicated that the upcoming regulatory architecture under the Promotion and Regulation of Online Gaming Act will empower designated law enforcement officials, particularly those attached to cyber units, to investigate offences linked to online games. These offences broadly fall into three categories: offering unregulated online games, advertising such platforms, and facilitating financial transactions tied to them.

Krishnan acknowledged concerns around potential misuse of investigative authority but maintained that the framework is designed to avoid arbitrary enforcement. “Somebody has to be authorised to investigate,” he said, adding that the system attempts to balance the need for local access to enforcement with the technical expertise required to handle cyber-related offences. While officers at the level of police stations may be empowered, the emphasis will remain on cyber police stations and specialised units to handle such cases.

He noted that existing provisions under the Information Technology Act already allow inspectors to investigate cyber offences, but the new framework aims to streamline and contextualise these powers specifically for online gaming. “You don’t want a rural police station investigating a complex cyber issue without capacity, but at the same time, people should not have to travel long distances to seek recourse,” he said.

A key pillar of the proposed framework is the establishment of a regulatory authority, which will be tasked with making determinations on whether specific online games or categories of games require registration. The authority will rely on a set of guiding principles, including the risk of harm to users, the nature of gameplay outcomes, and potential adverse impact on the public.

Krishnan outlined several factors that could trigger mandatory registration. These include the scale of user participation, the nature and volume of financial transactions involved, and the geographical origin of the service provider. “These are guiding principles based on which the requirement of registration can be determined in public interest or to protect users,” he said.

The framework also introduces the concept of “user safety features” as a key consideration in regulatory assessments. While detailed rules are yet to be notified, Krishnan clarified that these features are intended as enabling provisions rather than rigid definitions. They will serve as criteria in determining whether a game meets safety benchmarks or requires additional compliance measures.

“The idea is to give substance to user safety features without making them overly prescriptive at this stage,” he said, suggesting that platforms lacking such safeguards may be required to implement corrective mechanisms.

On the question of whether popular or previously restricted games could fall within the ambit of the new rules, Krishnan said the determination would depend on the specific risk profile of each game. “Any specific game, whether it is included or not, will be up to the authority to decide,” he said, adding that factors such as violence, user impact, and financial exposure could be considered.

The proposed shift also marks a change in regulatory approach. Earlier, authorities could direct platforms to register based on preliminary assessments. Under the new system, a formal determination process will precede any such directive, with outcomes issued as public orders.

Krishnan emphasised that the framework is still evolving. He refrained from offering granular specifics, noting that several operational aspects are still under formulation.

The move comes amid growing scrutiny of India’s online gaming ecosystem, which has seen rapid expansion in recent years alongside rising concerns over user harm, financial risks, and regulatory gaps. The government’s approach signals an attempt to create a structured, risk-based oversight mechanism without stifling innovation in the sector.