Introduction
Fantasy Sports means the games in which a person chooses a player from a real sports team and win points according to the players playing that sport each week. It is being played online essentially and the clients who are playing for all intents and purposes need to cling to the particular worthwhile causing their groups as they to participate in the challenge through a section expense and in view of their presentation of the anecdotal groups, the clients are being positioned appropriately, which later outcome as their rewards. It empowers the gamers to show their ability and information in the game and have a live encounter of a pro game. It also allows gamers to earn money through their gaming skills and knowledge. In Indian dream sports stages like Dream11, My Circle 11 we for the most part see the day by daydream adaptation being utilized. Managers pay an entry fee to participate in a challenge, the prize cash for which is predetermined by the stage. Taking the case of cricket; focuses are acquired on an assortment of insights like the runs scored by a batsman, wickets taken by a bowler and gets/run-outs incurred by a defender. The directors need to choose a commander and chief-commander among the 11 players and their presentation typically brings a few additional focuses. Toward the finish of the match, the Manager with the most noteworthy focuses dominates the match.
Prominent Fantasy Sports Platforms in India
There have been many Fantasy sports platforms in India they are Dream 11, MPL, My11 Circle, My team, Fan fight etc., but, the Mumbai based fantasy sports platform ‘Dream 11’ is the first gaming startup that has entered the league of unicorns of India. They have been the leading company when it comes to legal suite as many cases have been filed against the company and still some are pending. With the rise in fan following in various sports that includes fantasy kabaddi, fantasy football, fantasy basketball and several more other games. India is estimated to have more than 650 million gamers by 2025.
Whether Fantasy Sport is a Game of Chance or Skill
Fantasy Sport is a game of skill, not a game of chance. Like, the United States, the Supreme Court of India has also applied the “predominance test” in various cases while determining the nature of a particular game. A game of skill is identified by the expert of the player and the outcome of the game depends upon the player. While a game of chance is dependent upon random factors and the outcome of that game is a mere chance of probability, the happening and non-happening of that event.
As in the case of, State of Andra Pradesh v. Satyanarayana[1], the Supreme Court cleared that the rummy is not a game of chance because it involves the shuffling and dealing of the cards that do not follow the set pattern but rather it is dependent upon the position of the card when it is shuffled. Rummy requires a specific measure of ability in light of the fact that the fall of the cards must be remembered and the structure up of Rummy requires impressive expertise in holding and disposing of cards. We can’t, thusly, say that the round of Rummy is a round of the whole possibility. It is primarily and prevalently a talent-based contest.
As in the case of, Dr K.R.Lakshaman v. State of Tamil Nadu[2], the Apex Court held that horse racing is a game of skill not a game of chance, as here bettors capacity is being surveyed and information that he had towards the horse on his wellness, expertise, jockey and so forth, so here Supreme Court held that where the success of competitions depends on substantial degree of skill are not gambling because here the game is preponderance a game of skill and not a game of chance.
In the very recent order Junglee Games & Others v. State of Tamil Nadu[3], of August 2021, the Hon’ble Madras High Court totally struck down a Tamil Nadu Government law that has restricted all types of web-based gaming, including talent-based contests. The Court held that it is abusing Article 19(1)(g) of the Constitution of India and subsequently, it subdued the revision that welcomed the prohibition on all types of web-based gaming. The Court also pointed out that Games of skill are no more res Integra and the ban on online gaming is ultra-virus to the constitution as it restricted the right to practice any profession, trade or business. [4]
Legality
The Federation of Indian Fantasy Sports (FIFS) is the self-administrative industry of Fantasy sports in India. It has been set up to secure the interest of the shoppers and plan best practices for Fantasy Sports in India. FIFS has likewise distributed Charter for Virtual Fantasy Sports Platform in which the principles are referenced for the individuals. It means to control practice in Fantasy Sport and ensure the interest of the two clients and specialist cooperative. As per this contract, the individuals ought to get a substantial permit and approval for the outsider licensed innovation freedoms that incorporates player pictures, photos, brand name, copyright and so on, on its foundation. All challenge designs presented on an OFSP by a Member will be expertise prevalent. A triumphant result will forever mirror the overall information and ability of the client. A triumphant result and each part of a dream group’s presentation will not really settle transcendently by the undeniable factual outcomes and components of players ‘/competitors’ exhibitions and won’t be founded on abstract components like administration and other subjective measures.
Recommendation of NITI Aayog
The NITI Aayog has as of now proposed a self-administrative association for the business, administered by a free oversight board. This organization will further constitute an independent committee that will look after the online games such that they will determine and evaluate the ‘skill’ level in the game. A draft has also been prepared for guiding the principles to the Online Fantasy Sports Platforms (OFSPs), which includes compliance with age limits, advertising guidelines, penal compliance and communication to states for the request of immunity.
Conclusion
The rise in the developments in the fantasy sports industry has gained enormous popularity among all age groups, as this industry has the potential to grow erratically. Technology is the biggest advantage in the growth of online games which gave rise to the more Fantasy sports player, as now users are getting a 4G/5G network through which they are getting high-speed internet and are getting access to their desired games. As sports betting is illegal in India and any other form of gambling but Fantasy sport are considered to be skill-based games, testing knowledge such that anyone can participate in those games because in the game of skill the player has to invest a lot of time in learning, practising the game and mastering the skill to win that game.
Author(s) Name: Rupasana Singh (Shambhunath Institute of Law, Prayagraj)
References:
[1] State of Andra Pradesh v. Satyanarayana AIR [1968], SC 825.
[2] Dr K.R.Lakshaman v. State of Tamil Nadu AIR [1996] SC 1153.
[3] Junglee Games India Pvt. Ltd. v. State of Tamil Nadu (2021) SCC OnLine Mad 2762.
[4] Article 19(1)(g) of the Indian Constitution.
