Digital Age Is De Facto But What Is De Jure Position Of Gaming In It?
- IJLLR Journal
- Jan 14
- 2 min read
Mansi Maheshwari, LL.M [Intellectual Property Rights], Christ (Deemed To Be University), Bengaluru, Karnataka
ABSTRACT
The Indian gaming industry has evolved from a niche activity to a significant economic sector. The introduction of PC and console gaming in the early 2000s, with titles like Call of Duty and GTA Vice City, attracted millions of players. This growth accelerated in the mid-2000s with the rise of online gaming platforms and the accessibility of mobile technology, which enabled broader engagement across demographics. Today, gaming is a global industry valued at $221.6 billion in 2023, with India contributing $3.1 billion in FY-23 and projected to reach $7.5 billion by FY-28. Significant milestones, such as the inclusion of esports as a medal event in the 2023 Asian Games, demonstrate India’s rising prominence in competitive gaming.
While the industry’s growth is remarkable, it presents challenges. Gaming addiction has become a pressing issue, with instances of extreme behaviour linked to excessive gameplay. The pandemic exacerbated this trend, with gaming app usage increasing by 200% and engagement rising by 75,000 new users during lockdowns. Additionally, the intersection of gaming and gambling raises legal and ethical questions, particularly in differentiating "games of skill" from "games of chance." Cases like Dream11 and Texas Hold’em Poker have highlighted the ambiguity in legal interpretations.
India’s regulatory framework remains fragmented, with outdated laws like the Public Gambling Act of 1867 and state-specific regulations providing limited oversight. Incidents like the banning of PUBG underline the need for comprehensive gaming laws addressing intellectual property, addiction, and ethical practices. A robust legal framework is crucial to balancing innovation with societal welfare. By fostering a safe, fair, and inclusive gaming ecosystem, India can ensure sustainable growth while addressing the challenges posed by this dynamic industry. The sector holds immense potential to contribute to the economy and reshape digital culture globally.
Keywords: online gaming, gambling, game of skill vs game of chance, regulatory framework, pandemic
