Esports body pleads with Tamil Nadu government to not associate skill-based gaming with online gambling

Author

Romit

Date

Aug, 18.2022


In a quite unsettling development, reports have come forth that at least 20 suicides have
taken place in the state of Tamil Nadu, owing to persons having incurred financial debts,
which have stemmed from their taking part in online games. The group of people includes a
woman who had to cope with gambling debts that had emerged from her regularly
participating in online rummy. This disturbing news has now prompted the Government of
Tamil Nadu to take decisive action and introduce legislations to regulate the influence of
online gaming.

Following this, the Tamil Nadu government has been seeking the opinion of stakeholders
and the general public on the legislation that shall be passed to regulate and control such
online games. In response to this, Esports Players Welfare Association (EPWA) has
approached the state government to not penalize ‘online skill-based gamers’ by classifying
them as criminals.

During the representation done to Tamil Nadu’s Department of Home, Prohibition and
Excise Department, EPWA has put forth the plea to not brand skill-based gamers as
gamblers. The director of EPWA, Shivani Jha mentioned the following - “Multiple legislations
and putting skill-based games in the same bucket as gambling is leading to the
criminalization of skill-based players. While India is participating in international
tournaments and developers are making new games, it is imperative for the state to
regulate online skill-based gaming.”

EPWA has requested the Tamil Nadu government to create a safe environment for all
categories of skill-based gamers – Professional, Amateur, and Casual, and to keep online
gaming separate from the ambit of any state-related gambling or gaming legislations.
Former Madras High Court judge K. Chandru has been appointed by the Tamil Nadu
government to organize a committee to look into the issue. The Government has mentioned
that they will pass a verdict after reviewing all the inputs gathered by the committee.
Over the years, both the Central Government and many State Governments have tried to
levy a ban on popular online games such as PUBG Mobile, Battlegrounds Mobile India, Free
Fire, and many other online skill-based games. Due to these regulations, gamers who used
to participate in the playing of such games would often be subject to imprisonment for the
rewards collected in the form of cash prizes, resulting in a jail term that could last up to 3
years, along with a penalty fine. Director Jha mentions, “Courts have repeatedly pronounced
judgments stating the state government can only make laws on online gambling and not
gaming, this ends up putting players at risk and equating them with gamblers and
criminals.

“Online games can be broadly divided into Esports, casual games, and speculative games.
Each category has features which have to be understood before a ban is put in place”,
mentions Zerah Gonsalves, Esports specialist, and an EPWA consultant. “A ban on in-game
purchases in Esports and casual games will hurt the players, the future of the gaming
industry in India.”