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Report No. 276

D. Autonomous regulation of gambling and betting industry

8.28 The strategy of allowing the industries to establish their own standards with a degree of Governmental control is not a rare phenomenon. There are several advantages of having an industry which is regulated by Industry Bodies, such as:

i. It is efficient for these Industry Bodies, comprising of the operators to set their own standards depending upon the variances in the games, the element of skill and the technical standards involved.

ii. These Industry Bodies, dedicated to perform the activities of rule-making and monitoring, including the enforcement for violations, will result in the freeing-up of State resources.

iii. There will be increased transparency in the consumer market as the consumers would be able to identify the gaming operators which are certified by particular Industry Bodies.

iv. Membership with these Industry Bodies will ensure better compliance of law as well as the industry codes, on the part of the operators. Additionally, affiliation with a reputed industry body would instil consumer confidence and subsequent profit to the gaming operators.

v. There are issues pertaining to the jurisdiction in cases where the games are offered online because the Internet is universally accessible without any handicap of territorial limitations. The presence of a self-regulatory body, would enable the consumers as well as the State Governments to initiate action against an errant gaming operator at a single forum.

vi. Subjectivity may arise in cases where the enforcement of gaming enactments depends upon the establishment of knowledge or intention of the offender. A self-regulatory mechanism would incentivise these Industry Bodies to assist the State mechanism in relation to the subjective tests by laying down the standards under the Industry Codes.

Legal Framework - Gambling and Sports betting including Cricket in India Back

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