The government cautions social media influencers about endorsing offshore betting, gambling sites, and surrogate advertising

The Ministry of Information and Broadcasting has advised endorsers and social media influencers to refrain from endorsing offshore online betting and gambling platforms, including surrogate ads, due to concerns about their significant financial and socio-economic impact, especially on young people.

As per an official statement, the Ministry has instructed online advertising intermediaries to refrain from directing such promotional material to Indian audiences. It also urged social media intermediaries to educate their users about the significance of avoiding such content.

The advisory cautions that non-compliance could lead to proceedings under the Consumer Protection Act, 2019, potentially resulting in the removal or deactivation of social media posts or accounts and penalties under relevant laws.

Guidelines for Celebrities and Influencers Promoting Surrogate Ads of Offshore Online Betting and Gambling Platforms: Complete Advisory

1. The Ministry regularly issues advisories to the media, including social media platforms, urging them to avoid airing or posting advertisements for online betting platforms or similar products/services that indirectly promote these platforms. Online advertising intermediaries have also been instructed not to direct such ads to Indian audiences.
2. The Central Consumer Protection Authority (CCPA), in an advisory dated 06.03.2024 (attached), has raised concerns about the widespread illegality of offshore online betting and gambling platforms in many regions of the country. Referring to the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements 2022, it has highlighted worries regarding celebrities and influencers endorsing such betting/gambling platforms to promote their betting activities. The CCPA cautioned that any form of advertisement or endorsement, whether direct or indirect, promoting activities like betting or gambling that are prohibited by law, will face rigorous scrutiny.
3. Section 79 of the IT Act, 2000 exempts intermediaries from liability for third-party information, data, or communication links hosted by them. However, according to subsection (3)(b) of section 79, this exemption doesn’t apply if the intermediary fails to promptly remove or disable access to material used for unlawful activities upon receiving actual knowledge or notification from the appropriate Government or its agency, without tampering with the evidence.
4. The Ministry of Information & Broadcasting, responsible for “Online Advertisements,” has the authority to issue notifications to intermediaries, such as social media platforms, instructing them to remove or disable access to posts, links, etc., featuring advertisements and branded content from offshore online betting and gambling platforms.
5. Given the legal provisions and the considerable impact of online betting and gambling on consumers, especially the youth, the Ministry advises endorsers and social media influencers to avoid promoting offshore betting and gambling platforms, including surrogate advertisements, in any manner. Online advertising intermediaries should refrain from targeting such content at Indian audiences, while social media platforms should educate their users to abstain from sharing such content.
6. Failure to adhere to these guidelines may result in legal action under the Consumer Protection Act, 2019, including the removal or disabling of social media posts or accounts featuring such promotional content, and penalties under relevant laws.

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