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Composition of the Online Gaming Authority: The final rules replace the draft’s earlier structure with a fully interministerial body:
Quorum raised: The quorum for meetings has been increased from one-third of functional strength in the draft to half of the functional strength, whether members attend physically or digitally.
Faster emergency action: the Chairperson can still take urgent action in emergencies when convening a meeting is impractical. However, the final rules require the Chairperson to inform all members within three days, down from seven days in the draft.
Determination framework overhauled: The final rules expand and structure the framework for determining whether an online game qualifies as an “online money game”.
Under Rule 8, providers do not need to seek a determination unless:
Rule 9 introduces factors the Online Gaming Authority must consider, including:
The rules also clarify that any determination is specific to both the game and the provider. A determination order for one provider’s game will not automatically apply to a similar or identical game offered by another provider.
When registration becomes mandatory: The rules shift away from the draft’s blanket exemption for online social games. Instead, under Rule 12, the Central Government can require registration of an online game or category of games through a notification after considering factors such as risk of harm to users, including children; the nature and severity of possible harm; the scale of user participation; the nature, volume, or value of financial transactions; and the provider’s country of origin or principal office. Registration remains mandatory for games offered as esports.
Certificate validity extended: Registration certificates will now remain valid for up to 10 years, at the provider’s option, at the time of application. The draft had capped the validity at five years.
Grievance redressal simplified: The final rules remove the Grievance Appellate Committee (GAC) under the IT Rules, 2021, from the process. Users must first approach the provider, then the Authority, and can appeal further to the Appellate Authority, defined as the MeitY secretary.
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