TN: Governor Ravi Draws Heavy Flak for Returning Bill Banning Online Gaming

Condemning Tamil Nadu Governor R N Ravi for returning the bill banning online gambling, the Communist Party of India (Marxist) (CPI(M), Communist Party of India (CPI) and  Viduthalai Chiruthaigal Katchi (VCK) held a protest chanting “dummy Ravi get out of Tamil Nadu” in Ooty on March 9, where the constitutional head is on a five-day visit. 

The All India Democratic Women’s Association (AIDWA), Tamil Nadu condemned the Governor’s act saying it disrespects the sentiments of the people on an issue that greatly affects them.

“The tragedy of losing large sums of money to online rummy and being pushed to the brink of suicide is an ongoing tale across sections in Tamil Nadu,” read an AIDWA statement dated March 9.

AIDWA had earlier collected one lakh signatures to submit to the Governor urging him to pass the bill. However, the Governor refused to meet their delegation.

Dravida Munnetra Kazhagam (DMK) mouthpiece Murasoli hit out at the Tamil Nadu Governor RN Ravi on March 9 for returning the bill.

Tamil Nadu governor R N Ravi returned the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill on March 8. He questioned the state's legislative competence to adopt the bill.

The bill was unanimously passed in the state Assembly on October 19, 2022.

‘DOUBLE-FACED GOVERNOR’

“The Tamil Nadu Governor cannot decide whether a policy of the state government is right or wrong,”  said Justice K Chandru, former judge of Madras High Court. “The Governor can only ask the state to reconsider the bill on legal grounds,” he said.

Justice Chandru headed the committee that recommended a ban on online rummy to the Tamil Nadu government.

“It is unclear whether he is the governor of this state or a representative of the ruling party,” he lashed out. He hit out at the BJP saying “maybe they are waiting for election funds from these big gaming companies.”

“The Governor’s gamble is worse than the online gamble. The provisions of this bill are the same as the earlier Act which he passed, and yet he did not sign this one,” he added.

The Tamil Nadu Gaming and Police Laws (Amendment) Act, enacted by the previous All India Anna Dravida Munnerta Kazhagam (AIADMK) regime was struck down by the Madras High Court in August 2021. The court had said that an amended law can be enacted with data to confirm that online gambling is a chance-based law.

The opposition party in the state- the AIADMK, has not yet opined on the recent developments.

GAME OF SKILL OR CHANCE?

Upon returning the Bill, governor Ravi said the bill fails to reflect the observations made by the Madras High Court. He said differentiation is not made between it being a game of chance or a game of skills and the bill aims for a total ban.

“The supreme court has said that a game of skill is when people play in person, not with faceless gadgets. The algorithms for online games are decided by the gaming companies” said justice Chandru.

“This entire discussion is based on the old Supreme Court and High Court judgements, they were relevant only when rummy was played between humans,” said cyber lawyer Karthikeyan.

“Gambling is a state subject. But the issue is that there is no definition that rummy is gambling,” he added.

“In a human-to-human game, nobody knows what the next card is. But it is not the case in online games where the AI knows it. However, gaming companies claim they follow the RNG system, which is a random number generator. We have no regulatory body or system to verify it,” he said.

‘FORM A REGULATORY BODY’

Union IT Minister Ashwini Vaishnav said state governments can enact laws banning online gambling under Article 246 of the Constitution. However, legal experts point out that the implementation of it is not simple.

“Even if the state government passes the bill, how will they implement it? It is a permanent solution only if Google and Apple remove it from Playstore. Only the ministry of electronics and information technology can instruct them. But gambling does not fall under the central or concurrent list,” said lawyer Karthikeyan.

“These are the techno-legal challenges. Maybe a solution is for the states to unitedly put pressure on the Centre to take steps to form a regulatory body,” he added.

Moreover, the bill passed by the Tamil Nadu assembly, the following queries raised by the Governor and his recommendations are not available to the public for discussion.