India’s federal Ministry of Electronics and IT (Meity) has said it does not have powers to ban the content of any online games.

“This ministry does not have legislative jurisdiction over contents of Internet games except that it has the power to order blocking of public access to information on Internet under specified conditions of section 69A of the Information Technology Act, 2000 and following the due process, specified in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009,” Meity said on Wednesday.

The response from the ministry came when it was asked by a Member of Lok Sabha (Lower House) whether the government was aware of the availability of a large number of games on the Internet, which were addictive in nature and lured young people to gambling, leading to heavy financial losses, and whether the government proposed to ban such games.

Meity added that  some State Governments have extended their legislative and regulatory control over online games within their jurisdictions using enablers in the Indian Constitution.

“Entries 34 and 62 of List II of the Seventh Schedule of the Indian Constitution provide for regulation and taxation of ‘betting and gambling’ to be under States’ legislative powers. Based on the erstwhile Public Gambling Act, 1867, most State Governments have enacted their laws to deal with betting and gambling within their jurisdictions,” Meity explained.

Further, with an aim to have an open, safe, trusted and accountable Internet, Meity said, the government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 under the IT Act, 2000. The Rules provide for removal of any information/application breaching the law as and when notified by an appropriate government or its agencies.

A few of the Indian States, including Karnataka, have banned online gaming, leading to widespread protests by gaming companies who have justified that such games require skills and cannot be equated with gambling.