Playing fantasy sports to make a living is a fantasy, says Indian government – and ads will have to reflect that

Requires the bleeding obvious to be pointed out,calls for more regulation

India is worried about fantasy sports and will regulate their operation and advertising on television.

The new rules governing advertising for fantasy sports and other online games call for future ads not to suggest playing represents “an income opportunity or an alternative employment option”.

The new regulations [PDF], which apply from December 15, also require that ads for such services include disclaimers that “occupy no less than 20 percent of the space in the advertisement” and point out that such games represent a financial risk and can be addictive.

No person under 18 years of age may be depicted in ads for the games, and ads “should not suggest that a person engaged in gaming activity is in any way more successful as compared to others.”

The regulations have been introduced as a consumer protection measure at a time when ads for such games are hard to avoid on Indian television. They come with the release of a new set of draft guiding principles [PDF] to regulate fantasy sports published by India’s National Institution for Transforming India (NITI Ayog).

The document notes that India’s population of fantasy sports players jumped from two million in June 2016 to 90 million in December 2019. Indian providers of such games surged from 10 to 140 in the same period. That growth has India’s government eyeing tax revenue, but also getting worried about consumer protection.

Ads for fantasy sports should not suggest that a person engaged in gaming activity is in any way more successful as compared to others.

The guiding principles therefore call for India’s government to recognise fantasy sports as a distinct industry, encourage development of a self-regulating industry body, and ensure that market participants offer genuine games of skill.

The document also calls for industry regulation to ensure that promotion of fantasy sports adheres to advertising standards and “not represent that the participation in fantasy sports is a source of sustenance, a means of earning a livelihood, a lottery, a jackpot or an investment opportunity.” ®