The plea also warns that illegal offshore betting operators, not Indian skill-gaming companies, pose the real threat.
Paavan Nanda is the co-founder of WinZO Games. He filed a plea in the Supreme Court against the Karnataka Police (Amendment) Act, 2021. The Act imposes a blanket restriction on all games played for stakes. These include games of skill. Nanda contended the law is unconstitutional, violating his rights as a game developer and entrepreneur.
Nanda argues in his written submissions, filed by advocate Aanchai Tikmani, that the amendment infringes on his right to carry on a profession under Article 19(1)(g). It also violates his freedom of speech and expression under Article 19(1)(a) of the Constitution. He says the restriction harms the commercial interests of legitimate gaming businesses. It also reduces the creative freedoms of game developers.
Nanda’s submission states that online games of skill are a legitimate form of expression, similar to art, music, or literature. A complete prohibition fails the constitutional test of proportionality and reasonableness. The Hon’ble Court has recognized that with technological advancement, the scope of the right to freedom of speech and expression under Article 19(1)(a) has expanded. It now includes various digital modes of communication.
He also says that in this case, the Impugned Amendment Act restricts the speech and expression rights of platforms that enable gaming services. It also infringes on the freedom of expression of game creators. These creators invest significant creative effort in developing such games as a legitimate form of entertainment.
He says that in this case, the Impugned Amendment Act restricts the speech and expression rights of platforms offering gaming services. It also infringes on the freedom of expression of game creators. These creators put significant creative effort into developing such games as a legitimate form of entertainment.
