On Tuesday, Meta announced it will permit alcohol and real money gaming companies to advertise on its platforms in India, APAC, and LATAM. Starting August 27, 2024, businesses in India will be able to use the WhatsApp Business Platform to send messages related to alcohol, real money gambling, and over-the-counter products.

The government’s response is yet to be seen, especially since alcohol advertisements are currently banned in India. Recently, the Union Health Ministry called on the Board of Control for Cricket in India (BCCI) and the Sports Authority of India (SAI) to take action against surrogate advertising of tobacco and alcohol by athletes.

There are also stringent regulations concerning real money gaming ads. Various State laws prohibit betting and gambling, although some skill-based games have been deemed constitutionally valid by the Supreme Court in specific rulings.

The Ministry of Electronics and IT (MeitY) has implemented new measures through amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, effective April 6, 2023. These rules include a ban on online games or sites involving wagering, encompassing both advertising and presence. They introduce the concept of a ‘permissible online game’ to regulate the sector.

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