In a remarkable and forward-thinking development by the Government of India in December 2022, the realm of gaming has received a substantial boost. Matters pertaining to E-sports have been officially assigned to the Ministry of Youth Affairs and Sports (“MYAS”), while oversight of online gaming has been entrusted to the Ministry of Electronics and Information Technology (“MEITY”). This monumental shift was achieved through an amendment to the Allocation of Business Rules 1961.

AMENDMENTS TO THE ALLOCATION OF BUSINESS RULES, 1961

The noteworthy amendments to the Allocation of Business Rules, 1961, were formally introduced via a notification on December 23, 2022, by the President of India. Two significant insertions were made:

1. Online gaming matters under the purview of the Ministry of Electronics and Information Technology.
2. E-Sports now classified as part of “multi-sports events” within the domain of the Ministry of Youth Affairs and Sports, specifically under the “Department of Sports.”

IMPACT OF OFFICIAL RECOGNITION OF E-SPORTS

In an era where technology and social media wield profound influence over daily lives, the world of gaming has emerged as a significant influencer. With the official recognition of E-sports by the Government of India, the industry’s influence has taken a giant leap forward. This development carries manifold benefits, not only for the gaming sector but also for the broader economic and corporate landscape. The burgeoning gaming infrastructure translates to increased employment opportunities in manufacturing and other related industries. However, this growth is accompanied by the ever-looming threat of cybercrimes such as hacking, phishing, identity theft, ransomware attacks, and internet fraud.

THE MENACE OF E-DOPING

One particularly insidious threat that has emerged is E-doping. E-doping involves the manipulation of software or hardware to gain an unfair advantage within a game. It encompasses actions like the use of software cheat codes, unauthorized applications, server attacks, and other prohibited third-party tools. Given the rapid evolution of the gaming sector, especially during the pandemic, when physical activities were curtailed, it is imperative that cyber laws are adapted to ensure their efficacy.

The consequences of E-doping are multifaceted, affecting both the accused player and their team. Accusations of E-doping can lead to bans from tournaments or leagues, resulting in severe economic repercussions. Sponsorship contracts can be terminated, inflicting losses on sponsors, tournament organizers, and player team companies. Furthermore, as E-doping is regarded as a criminal offense (cybercrime), it may lead to criminal court proceedings, tarnishing reputations in the process.

PREVENTING MALPRACTICE

While the Ministry of Youth Affairs and Sports is yet to provide comprehensive details of their involvement in E-sports, it is expected that this recognition will pave the way for the establishment of a national E-sports federation or a regulatory body. This entity will be entrusted with monitoring and curbing malpractices while fostering the growth of this evolving gaming ecosystem.

On the front of online gaming, MEITY has proposed amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These amendments emphasize the role of online gaming intermediaries (“OGIs”) in safeguarding users and ensuring their safety. Notably, these rules prioritize the safety of women in the gaming space by introducing specific provisions in the IT Rules. Given the potential for issues related to women’s safety, such as cyberbullying, to escalate, addressing them at an early stage is crucial.

A survey by Rakuten Insight revealed that 42 percent of women in India who play online games are avid gamers, engaging daily. Additionally, a study titled ‘Cyber Stalking: Victimization of Girl Students: An Empirical Study’ found that 62.5 percent of instances of harassment against women originated from emails and online chats.

E-SPORTS, CYBER LAW, AND EMERGING OPPORTUNITIES

As E-sports and online gaming continue to flourish in India, it is anticipated that this growth will extend to the manufacturing industry, creating employment opportunities. This trend not only benefits India’s IT sector but also opens doors to aspiring lawyers specializing in IT and cyber law.

The official recognition of E-sports by the Government of India represents a new frontier, offering promising opportunities for young lawyers, engineers, and others. By bolstering the nation’s cyber laws, we can harness the potential of this burgeoning sector. This recognition positions India for a bright future in the realm of E-sports, with a myriad of opportunities for those seeking to make their mark in this dynamic landscape.