New Delhi | 25 Dec, 2018 (10 months, 4 weeks ago)

General Advice

I am looking for some legal advice about starting up in a particular marketspace

Hi, I am starting up in the fantasy sports marketplace. The idea is to have a platform where users can select a match, create team, join short contests and win prizes if the selected players performed well in the match. Users will be able to select a match, create team, join short contests through website, apps I want to know what laws govern the fantasy sports marketplace. And what regulations one has to adhere to.
Answers
28 Dec, 2018 | 01:47

Hi there,

Online fantasy sports may fall under the Public Gambling Act of 1876 which prohibited gambling and/ or under other local laws like Bombay Prevention of Gambling Act, 1887, Goa, Daman and Diu Public Gambling Act, 1976, Karnataka Police Act, 1963, Punjab Public Gambling Act, 1867, Sikkim Online Gaming (Regulation) Act, 2008, The Delhi Public Gambling Act, 1955 and/or Uttar Pradesh Public Gambling Act,1961, depending on your area od operation.

Further, it is pertinent to assess if your business involves a “game of skill” or a “game of chance” or a combination of the two. Mostly, a mere “game of chance” may be seen as gambling under the applicable law. However, there have been instances where the Supreme Court of India has recognized that the games such as ‘Horse Racing’ and ‘Rummy’ are a game of skill and not a game of chance.

Furthermore, the Punjab and Haryana High Court has held in an order mentioning Dream 11 that fantasy sports is a game of skill and has highlighted certain points that may help assess the same on a case to case basis.


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