The Hindu (Delhi)

Getting to a new level in India’s online gaming sector

- is a former Member of Parliament, Rajya Sabha, from Odisha and an advocate by profession. He was a CAG bureaucrat Amar Patnaik

There is much potential in India to shape the future of the gaming industry

The Prime Minister’s vision to establish India as a prominent global gaming hub has received renewed attention as he engaged with seven of the top gamers in the country. Spending a day with them, in April 2024, he discussed the trajectory of the gaming industry and sought to understand the challenges they encounter, particular­ly on the nuanced distinctio­n between skill gaming and gambling (game of chance) — it could pave the way for a more conducive and forward-looking regulatory environmen­t. The online gaming industry forms a critical part of the Digital India vision and initiative. Some of the key takeaways from the discussion included the opportunit­y o”ered by the increasing number of games based on Indian mythology and the scope to encourage the participat­ion of women, besides fostering innovation. The players also highlighte­d the issue around the perception of gaming as a career in India.

Rapid growth

The online gaming industry in India has seen a rapid expansion of 28% CAGR between FY20 and FY23. Projection­s indicate further growth to ₹33,243 crore by FY28, with a sustained 15% CAGR. This sector not only attracts signiƒcant foreign and domestic investment­s but also generates substantia­l direct and indirect employment. Leveraging India’s IT prowess, the industry holds natural potential for India. Notably, while the size of the global gaming industry crossed $300 billion in 2021 — more than the combined markets for the movie and music industry — the online gaming segment in India constitute­s 1.1% of the global online gaming revenue. Thus, the potential for growth is enormous.

Not only is online gaming a multi-billion opportunit­y for Indian start-ups but it can also form an important part of ‘India Techade’ and the goal of a $1 trillion digital economy. The sector has witnessed an array of positive developmen­ts, including the establishm­ent of the Animation, Visual E”ects, Gaming, Comic and Extended Reality taskforce by Ministry of Informatio­n and Broadcasti­ng, the identiƒcation of the Ministry of Electronic­s and Informatio­n Technology as the nodal ministry, the introducti­on of a series of regulation­s through the IT (Intermedia­ry Guidelines and Digital Media Ethics Code) Rules, 2021, and clariƒcation around the ambiguity concerning tax deduction at source on winnings.

All these measures have provided a sense of clarity and certainty in terms of a policy framework for all online gaming startups. This will go a long way in fostering innovation that is being powered by young Indians.

Issues that need scrutiny

Neverthele­ss, there are unresolved issues that require the attention of the government to enhance regulatory clarity. Primarily, despite the provision of self-regulatory bodies within the IT Rules of 2021 intended to regulate the industry, the e”ective implementa­tion of these rules is pending, thus nullifying their intended impact. In an industry driven by innovation and fast-evolving technology, the role of self-regulation is crucial. NITI Aayog’s discussion paper with draft guiding principles for the online fantasy gaming sector also proposed a self-regulatory model of governance with a self-regulatory organisati­on at its helm.

Further, recent revisions in taxation have placed the industry, particular­ly startups, in a precarious position. During the Goods and Services Tax Council meeting in July 2023, the

Council decided to enforce a tax rate of 28% on the total face value of bets (e”ective October 1, 2023) regardless of whether the activity is classiƒed as a game of skill or chance. Before this, online gaming ƒrms in India were subjected to an 18% GST rate since the introducti­on of the indirect tax system in July 2017. While this measure has resulted in an initial uptick in tax revenue for the government, it raises concerns about the industry’s sustainabi­lity in the long term and its consequent­ial impact on jobs being created in this sector.

Soft power

By remedying these deƒciencies, India stands at a distinctiv­e juncture to emerge as a prominent global gaming hub. Another advantage lies in tapping India’s rich cultural heritage (stories, legends, and folklore). With an increasing number of games inspired by Indian mythology, there is a unique opportunit­y to cater to domestic and internatio­nal audiences.

Furthermor­e, there is a concerted e”ort to encourage the participat­ion of women in the gaming industry, fostering diversity and inclusivit­y. As perception­s about gaming as a viable career option evolve, India stands to beneƒt from a growing pool of talented individual­s driving innovation and pushing boundaries in the gaming landscape.

India stands at the threshold of a transforma­tive era in the gaming industry. By fostering an enabling environmen­t for skill gaming, promoting diversity and inclusion, and capitalisi­ng on its rich cultural narratives, India can not only realise its vision of a $1-trillion digital economy but also shape the future of gaming on a global scale.

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