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Niti Aayog pitches self-regulation for fantasy sports platforms

NEW DELHI: Central government think tank Niti Aayog has argued for the setting up of a single self-regulatory organisation to oversee the online fantasy sports industry.

In a discussion paper released on December 5 titled ‘Guiding Principles for the Uniform National-Level Regulation of Online Fantasy Sports Platforms in India’, accessed by PTI, the body asserts that there is a public interest in the fantasy sports industry receiving government recognition as an industry and having its own identity. 

A single self-regulatory organisation for the fantasy sports industry should be recognised by the government, is the core proposition of the paper. “Such self-regulatory body should be a single-purpose fantasy sports industry body and have membership of online fantasy sports platform (OFSP) operators,” the paper states.

The Niti Aayog paper not only differentiates fantasy sports as not being like any other form of online gaming as it is dependent on actualities, seasonality and availability of real-time sports matches, but also purports that it is a non-addictive form of play.

While arguing for OSFPs as “non-addictive, it does seek to limit access to such platforms to users who above 18 years old, adding that all “necessary safeguards to protect minors must be instituted”.  

The paper also suggests that governance of the self regulatory organisation should be undertaken by an independent oversight board comprising of reputed persons with experience in governance, law and administration, who may be elected or appointed by members of the self-regulatory organisation for fixed terms.

The self-regulatory organisation should establish an independent grievance redressal mechanism to handle consumer/user complaints against OFSPs as well as any disputes that arise between or relating to OFSPs, it added.

As per the draft guidelines, the extant legal ambiguity and differential treatment faced by fantasy sports games across the Indian states must be addressed through the creation of a uniform national-level safe-harbour for fantasy sports games.

“This will enable the implementation of a single national policy on fantasy sports and bring clarity to regulators, operators and consumers alike,” it said, adding that the government must consider a light-touch regulatory framework for the fantasy sports industry given the dynamic and technical nature of the activities.

This approach, according to the draft guidelines, will be facilitative of market-creation and market-growth.

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