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In the recent years, the online fantasy sports sector has seen a great boom in India. Platforms like Dream 11, Mobile Premier League, etc. have become quite popular amongst the general public and the public are actively using and participating in these online fantasy sports platforms (OFSP). India now has the largest online fantasy sports market by user base in the world and the estimated revenue generated by OFSP companies has grown to INR 2470 crores (approx. USD 330 million) in the last five years. As with other online platforms, the growing economic weight of the OFSP sector has prompted calls for regulation and oversight.

Recognizing that there is public interest in the fantasy sports industry receiving Government recognition as an Industry and having its own identity, the NITI Aayog, the premier policy think tank of the Indian Government, has proposed guidelines titled “Guiding Principles for the Uniform National-Level Regulation of Online Fantasy Sports Platforms in India1 to streamline the legal and regulatory framework covering this fast-growing OFSP sector. Amongst its purposes, the guidelines aim to create a national level safe harbor for online fantasy sports and to distinguish them from online gaming (including online betting and gambling), which is heavily regulated at the State level and even banned in some States in India.

These Draft Guidelines are currently in the discussion stage, but they do outline the Indian Government’s intention to create a uniform national level policy for OFSP sector so that users across India may actively and equally engage in online fantasy sports without regard to their location. The guidelines also hope to give effect to various Court judgements that have held online fantasy sports to be a legitimate business model protected under Article 19 of the Indian Constitution.

Key Points of the Guidelines:

The proposed safe harbor provisions, if implemented would give much-needed relief to OFSP entities and provide them with a uniform playing field. They would also provide a legal framework for operations across India without depending on State policies. The move would certainly provide economic certainty to the sector. However, there is need for greater debate on the scope and manner of the proposed self-regulation so that the proposed self-regulatory body functions independently of dominant players and is able to faithfully implement the guidelines. In this respect, policy makers may need to re-think the formula for the body’s constitution and membership to ensure there is effective self-regulation.

  1. https://niti.gov.in/sites/default/files/2020-12/FantasySports_DraftForComments.pdf ↩︎