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A Comparative Study Of Gaming Laws In India, USA, And South Korea With Special Reference To Online Games




Adv. Sultan Cyril Roy, Christ University


CHAPTER 1: Introduction


Gaming is defined as "the practice or act of gambling" by Black's Law Dictionary, and it also includes "the existence of money or consideration, chance, and prize or reward" as aspects of gaming. The Black's Law Dictionary defines gambling as "placing a bet," and the ingredients of gambling are "a payment of a price for a chance to win a price." While responsible gambling is described as a collection of laws and best practises that are developed, controlled, and backed by national gaming authorities and gaming organisations with the goal of protecting players and establishing ideal circumstances for gambling activities.


The term ‘gaming law’ covers a lot of areas as it involves various activities such as gambling, sports, betting, online games, lotteries, and all other forms of games and competitions. Responsible gambling is a term that encompasses both players and gaming organisations. On the one hand, players must be aware of the hazards of gambling addiction and act responsibly; on the other hand, gaming organisations must provide fair games in a safe gaming environment, with specific attention paid to topics such as. Vulnerable actors Gamblers under the age of 18. Activities involving money laundering. Privacy of information. Customer payments are made promptly and accurately. Gaming that is fair. Marketing that is ethical and responsible


Gaming in India is regulated mainly by the State in relation to gambling and betting practices, under seventh schedule, part 2 of the state list. Due to which there is a lack of uniformity as well as ambiguity in the context of gaming laws. For example, While Andhra Pradesh and Telangana have outright prohibited real money gaming of all sorts, Tamil Nadu enables skill games, Kerala has outlawed stakes-based online rummy and Nagaland has established and expressly mentioned the need for a separate licensing regime for online skill games.


In the financial year 2020, the market value of India's gaming business was estimated to be approximately INR 90 billion. By 2022, it is expected that this figure would have risen to about INR 143 billion. The business has been rapidly growing in the country, with analysts predicting that over 40,000 new work possibilities would be available by 2022. In India, online gaming will reach 500 million players by 2025. But India lacks a robust legislative framework for the industry's development.


Regulation has been far overtaken by technology. India's gaming regulations are out of date, and as a result, their application to online structures is complicated. The conflict between the centre and the states, as well as the differing perspectives of various Indian courts, makes it difficult for businesses to understand what activities are permissible in the sector.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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