TaxTMI 
TaxTMI 
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023
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.... self-regulatory body or the" shall be inserted; (ii) after clause (q), the following clauses shall be inserted, namely :- "(qa) 'online game' means a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary. Explanation.- In this clause, 'Internet' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that transmits information based on a protocol for controlling such transmission; (qb) 'online gaming intermediary' means any intermediary that enables the users of its computer resource to access one or more online games; (qc) 'online gaming self-regulatory body' means an entity designated as such under rule 4A; (qd) 'online real money game' means an online game where a user makes a deposit in cash or kind with the expectation of earning winnings on that deposit. Explanation .- In this clause, 'winnings' means any prize, in cash or kind, which is distributed or intended to be distribute....
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....change is effected;"; (IV) in clause (j), in the opening portion, after the words "but not later than seventy two hours", the words "and in case of an online gaming intermediary who enables the users to access any permissible online real money game not later than twenty-four hours" shall be inserted;"; (ii) in sub-rule (2), in clause (a),- (I) in the opening portion, after the words "provisions of this rule or", the words, brackets and figures "sub-rules (11) to (13) of rule 4, or in respect of" shall be inserted; (II) in sub-clause (i), in the first proviso, for the brackets and letters "(ix)", the brackets and letters "(xi)" shall be substituted; (III) after sub-clause (ii), the following Explanation shall be inserted, namely :- 'Explanation.- In this rule, "prominently publish" shall mean publishing in a clearly visible manner on the home page of the website or the home screen of the mobile based application, or both, as the case may be, or on a web page or an app screen directly accessible from the home page or home screen.'. 4. In rule 3A of the said rules,- (i) in sub-rule (3), for the words "Any person....
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....diary", the words "A significant social media intermediary and an online gaming intermediary who enables the users to access any permissible online real money game" shall be substituted; (iv) in sub-rule (6), for the words "The significant social media intermediary", the words "A significant social media intermediary and an online gaming intermediary who enables the users to access any permissible online real money game" shall be substituted; (v) in sub-rule (7), for the words "The significant social media intermediary", the words "A significant social media intermediary and an online gaming intermediary who enables the users to access any permissible online real money game" shall be substituted; (vi) after sub-rule (9), the following sub-rules shall be inserted, namely :- "(10) An online gaming intermediary who enables access to its users to any permissible online real money game, shall display a demonstrable and visible mark of verification of such online game by an online gaming self-regulatory body on such permissible online real money game. (11) While informing the users of its rules and regulations, privacy policy, terms of service....
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....manner; (d) its Board of Directors is comprised of individuals of repute and do not have any conflict of interest and possess special knowledge or practical experience suitable for the performance of the functions of such self-regulatory body, and consists of- (i) an individual having special knowledge of or practical experience in the online gaming industry; (ii) an individual having experience in promoting the interests of users of online games; (iii) an educationist; (iv) an expert in the field of psychology or mental health or such other relevant field; (v) an individual having special knowledge of or practical experience in the field of information and communications technology; (vi) an individual who is or has been a member or officer of an organisation dealing with the protection of child rights; (vii) an individual having practical experience in the field of public policy or public administration or law enforcement or public finance or other relevant field, to be nominated by the Ministry; and (viii) such other individuals as may be appointed with the previous approval of the Ministry; ....
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....e does not meet the requirements under these rules. (4) The online gaming self-regulatory body shall publish and maintain on its website, mobile based application or both, at all times, an updated list of all permissible online real money games verified under sub-rule (3), along with the details of such online games including the details of the applicant, the dates and period of validity of the verification, the reasons of such verification and the details of the suspension or revocation, if any, of verification of any online real money game. (5) Every online gaming self-regulatory body shall publish and maintain on its website, mobile based application or both, at all times, an updated list of all its members, whether present or former, the dates of their acceptance as member, their corporate or business-related identity number and other details, and the details of suspension or revocation of membership of any member. (6) The online gaming self-regulatory body may, at any time, after giving the applicant member an opportunity of being heard and for reasons to be communicated in writing, suspend or revoke the verification, if it is satisfied that the onli....
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.... such body with respect to verification may make a complaint in respect of any matter related to such online real money game or verification which shall be acknowledged by the Grievance Officer within twenty-four hours and resolved within a period of fifteen days from the date of its receipt. (12) Where the Ministry is of the view that any verification of a permissible online real money game by an online gaming self-regulatory body is not in conformity with these rules, it may, after giving such body an opportunity of being heard, communicate, in writing, the fact of such non-conformity to that body and direct it to take measures to rectify the same. (13) The Ministry may, if it is satisfied that it is necessary so to do, after giving the online gaming self- regulatory body an opportunity of being heard, by order, for reasons to be recorded in writing, suspend or revoke the designation of such body: Provided that the Ministry may, in the interest of the users of any online game that was verified by such body at the same time or at any subsequent time, give such interim directions as it may deem necessary to any intermediary or class of intermediaries rega....