Understanding the perils of online gaming and a call for regulation

By Supriya Ramesh

New Delhi, June 17 (SocialNews.XYZ) In today's digital age, the influence of technology has expanded to result in luring. Children were once taught to avoid accepting candies from strangers, but now they engage in conversations with unknown individuals online, particularly on gaming platforms.

From children to adults, online gaming is widely enjoyed. However, many are unaware of the accompanying drawbacks that can gradually spoil various aspects of one's life.

In the current era, concerns about malware have diminished significantly. However, the realm of online gaming has transformed into a breeding ground for more severe ones, such as cyberbullying, privacy concerns, the potential exposure of personal information on gaming consoles, computers, and devices, anxieties surrounding webcams, the presence of online predators, and the existence of concealed fees.

A new trend of religious conversion has emerged by means of online gaming. In a recent incident in Uttar Pradesh (UP), a boy was lured to convert to Islam through manipulation by this means.

The police arrested 23-year-old Shahnawaz Khan, also known as Baddo, for enticing the minor and indoctrinating him to change his religious beliefs.

The father of the boy noticed that his son was practising a different religion and decided to probe the matter.

However, this is not the first time the accused used this method to entice young boys. Reports say that three Hindu boys and one Jain boy were also influenced through a popular online game called Fortnite, which the accused used as a platform to carry out a conversion scheme in Ghaziabad.

The targeting of these boys was deliberate, as they were considered more susceptible due to their impressionable minds and keen interest in online gaming.

To gain the victims' trust, the accused allegedly created an online gaming identity with a Hindu name. He would defeat the boys at the game and then ask them to recite Islamic prayers, claiming it would help them achieve victory. Furthermore, the accused convinced these children that they would succeed in the games if they attended the mosque for prayers five times a day.

Real-life games and online games work in contrasting manners. Physical world games carry risks such as physical injuries, while in online games, gamers have been known to intentionally harm themselves and become victims of various scams.

"Being a professional poker player for more than a decade, I have learnt that the difference between real-world gaming and online gaming is the novel risks involved. As the reward system is high, this can lead to addiction," said poker player Debashis Bal.

Bal stressed that one has to watch out for collusion amongst other set of players.

"This leads to bullying while playing a game as two or more known sets of players can team up against unsuspecting users. Long hours of online gaming can cut one off from the outside world taking a toll on their physical and mental health. One has to identify and implement a well-balanced schedule to reduce these effects," Bal said.

The principle of "prevention is better than cure" does not appear to be applicable in the context of the online gaming world.

"Time and again, in a short span of time, we see citizens falling prey to online scams either through apps, payment wallets or other digital platforms. The UP app-based conversion has yet again exposed the dark underbelly of ungoverned online gaming platforms," Advocate Anant Malik said.

Regarding what the regulations in Information Technology Act entail in relation to this, Malik said: "While the existing IT laws and allied gaming laws and restrictions focus only on the basic structure like data protection, taxation and end-user agreements, the user interaction on these so called "gaming apps" is absolutely unregulated."

"As user activity is usually private owing to the privacy laws in place, it paves the way for scamsters to utilise these platforms for ulterior motives," he added.

On April 6, 2023, India introduced a new legal regime for operators of online games by introducing amendments to the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ('Intermediary Rules', amendments are referred to as 'Gaming Amendments').

The Ministry of Electronics and IT (MeitY) announced new regulations to protect online gamers from harmful content and addiction. A self-regulation model has been applied for the online gaming sector where SROs will approve the games that can operate in the country in accordance with the rules. These new online gaming rules have been included as an amendment in the IT Rules of 2021.

Self Regulatory Organisations (SRO) will determine whether an online game is permissible or not, based on whether it involves betting. Three SROs will be initially notified, but the government can add more later.

"The said amendment, although a welcome move, still falls short on a 360 degree governance of online platforms. The existing laws cater more to games in which deposit of money is involved which include the betting involved in a game of Skill. The laws at present are more focused on online betting/gambling and differentiate between a game of Skill and game of Chance," Malik explained.

Recently, Minister of State for Electronics and IT Rajeev Chandrasekhar announced that three types of games will be banned in India - games that involve betting, those can be harmful to the user, and those that involve a factor of addiction.

However, with issues like the UP app-based conversion case, or the loan apps scam, or the infamous Bulli Bai app case, what is needed is absolute strict regulations in terms of user identification and Know Your Customer (KYC) required for apps in which human interaction is involved.

"As far as gaming apps are concerned, there is no system of checks and balances for KYC registration of any user as an account can be created by a simple email ID," Malik said.

Bal, who is also the founder of TGOP (thegameofpoker.com), added that in the recent conversion case, it is the issue of unregulated users with almost zero identification which needs to be regulated on gaming apps.

"Online Poker websites have a mandatory KYC policy wherein a user is made to submit his Pan and Aadhaar. This acts as a preventive measure for any player-based fraud being done," he said.

The IT rules have to pave the way to protect the rights of underage users using a gaming platform which involves human interaction so that young minds do not fall prey to such scams affecting the overall well being of a child.

"The mechanism of KYC linking is although not a full proof mechanism to control such issues, will be a welcome change in terms of a system of checks and balances and regulations so that anti-social elements cannot have a free run," Malik opined.

Malik further said that the laws have to cater to factors such as addiction, psychological risk and betting while governing these platforms.

"While the aspect of betting is catered to by the existing laws, it is the element of addiction and psychological risks involved in ungoverned human interaction in the online gaming world on which the laws fall short and this issue needs to be addressed," he explained.

Supreme Court advocate Vineet Jindal told IANS that even though Articles 25 to 28 of the Indian Constitution provide the basic right to freedom of religion and that religious conversion is legal in India, a decision made involuntarily and with pressure or force, is not acceptable.

In a nutshell, it is essential to educate users, especially children, about the potential risks of online gaming, including scams, cyberbullying, and online predators. Promoting digital literacy and responsible gaming practices can empower individuals to make informed decisions and stay safe while enjoying online gaming platforms.

A comprehensive and well-enforced regulatory framework is needed to address the emerging challenges and ensure the safety and well-being of users in the virtual gaming space.

Source: IANS