Maulik Nanavati, Advocate Gujarat High Court
The online skill gaming industry has had a moment to rejoice after Google decided to open its play store for Daily Fantasy Sports (DFS) and Rummy apps. Last week, the tech giant announced a one-year pilot program for DFS and Rummy apps to be available on the Google Play Store in India, starting September 28, 2022. Even as some of these applications were available on the Apple Store, India has a massive number of android users and the online skill-gaming industry was missing out on tapping that set of users.
The move helps the skill-gaming operators gain more public legitimacy as being on Google Play Store will enable the users to identify the legitimate platforms more easily.
Even though it is still a pilot program, it is a step by a recognised platform like Google towards allowing the offering of skill games for play to its users and consumers. The decision to formally offer online skill gaming applications seems to be based on the legitimacy accorded to such skill-based games by the Indian judiciary. Only last week, the Supreme Court of India dismissed a petition questioning the legality of fantasy sporting in line with its earlier decisions, declaring that fantasy sports are pure games of skill and do not partake the colour of gambling or betting or even wagering. Similarly, rummy has been recognised as a game of skill and not a gambling activity by Constitutional Courts since a long time.
The online skill gaming industry should look at this move by Google as a step towards encouraging online skill games and not something that may be discriminatory or unfair on part of Google as it may lead to a more expansive and robust policy in the future for offering of online skill games on its Playstore.
The online skill gaming apps that find a place in the Play Store can use this chance to understand the consumer base a lot better - judge the interest of the users, note the pattern of play, and so on. This can help an entire industry chart its future in a much more structured manner.
According to a KPMG report, the online gaming industry is projected to generate a revenue of INR 118.8 billion by FY2023 while by the end of 2024, the Indian fantasy sports industry is expected to have a valuation of USD 3.7 billion.
With the increase in internet reach and usage, the online skill gaming industry has proved to be a massive revenue generator for India. Google’s pilot programme gives the industry a chance to work in tandem with the big players and the governing bodies to further its inclusion in the policy framework of the country.
