Online fantasy Apps: A Game of Skill or a Game of Luck

Gambling is a taboo word; when we hear about it, the first thing that comes to mind is the person
playing in a casino either winning a ton load of cash or other prizes or the other half losing and
having a ton of debt on them. These people are often demeaned in the public eye for gambling.1

So there is not even a pinch of doubt that a person having a good image in the public eye would
play it, let alone imagining to play an absurd idea. Still, some of us would think that it is not as
stupid as the present generation is doing the same thing, which can also be considered gambling,
such as batting on online fantasy apps such as Dream 11, Rummy circle etc. As gambling is a
game of chance, one would win, and the other would lose based on the characteristics (chances)
that are not under the control of any player.2

However, they are not just a game of luck or chance; it is pretty evident from the advertisement
of Drea,m 11 saying "Khello Dimag Se," which signifies that they are a game of skills also
along with it all fantasy app gives the disclaimer at the end saying in the advertisements to 6 “
play these games on your own risk as they can be addictive and involve economic risk.” This
helps to abide by the rules because if a game involves risk, the same should be informed to the
people playing it. So they are not a game of luck or chance, and it consists of a game of skills as
in games like Dream 11; it involves the selection of a player from a set of 20 players, and the
choice is based on the previous performance of the individual player, and the team is set by the
individual seeing the prior performance of the player along with the other information alongside
running the statistics of player and developing the team accordingly 3

Addiction is not having control over doing, taking or using something to the point where it could
be harmful to one, while gambling is staking something of value, and it is done with the hope of
a gain in an unascertained event. The result of the same is determined by chance or accident.
Thus, the game of online fantasy apps can be addictive, but these games are based on the skill
given the judgment of Chandresh Sankhla S/O Jagdish... vs The State Of Rajasthan on 14
February 2020. The same Rajasthan high court gave the verdict approving the decision of
Haryana and Punjab courts and the Mumbai high court "Prohibition Would Be Opposed To Art.
14, 19: Rajasthan High Court Dismisses Plea Against Online Fantasy Games.”4

"It can be safely deduced that the result of the fantasy games is not determined merely by chance
or accident. The participant's skill determines the result of the game and has a predominant
influence on the outcome of the fantasy game."4

The two main problems which arise are

1. The law says that the game of chance is gambling. The power regarding the law for
gambling is under state list, which was in the time when the IT industry was not at it is
known now as the as now the internet has directly connected all states due to good
internet connection now they are well connected in all forms, it can also pose as a
problem in terms of effect as now even if the northern state make law, for example, to
legalise the gambling via online mode such as Sikkim then even the even place like
Laksudeep will be affected due to the decision which other state made so it should be
taken into consideration6.

2. Though there are provisions to stop the game of chance, there are no such laws regulating
so-called skill games; there are two problems. As they are not regulated the same, it gives
rise to problem-related to it, such as addiction problem which the government cannot
make or control accordingly when needed and secondly, a problem which arises out of
habit, such as when a child uses its parent's money to buy the item in the physical sport so
where should they go for the redressal.8

So there is a need to address the problem, which according to belief, can be done to improve
can be to bringing a law that encompasses the present scenario or either changing the law
altogether or bringing an amendment to the previous regulations to make them suit the current
time keeping in mind the future perspective and there is a dire need to get the law under the
central list or the concurrent list so that it can make law for the whole of the nation so that the
law cover all the states9
Citation

1. The Public Gambling Act, 1867. http:// www.sangrurpolice.in/wp-content/

themes/intrepidity/images/actrule/publicGamblingAct1867.pdf. Last accessed January 26, 2023

2. Economic Times. Wallets grew lighter as hope stayed alive till the very end. Economic Times, Jaipur, 2016 (2
April)

3. KPMG & Google. Online Gaming in India: Reaching a new pinnacle. https://
assets.kpmg.com/content/dam/kpmg/ in/pdf/2017/05/online-gaming.pdf. Last accessed January 26, 2023

4. Chandresh Sankhla S/O Jagdish... vs The State Of Rajasthan on 14 February 2020

5. Online fantasy sports league games in India recent legal developments https://www.azb partners.com/bank/ Last
accessed January 26, 202 3

6. Shift in the online gaming industry: https://www.khuranaandkhurana.com/2021/11/15

7.Should_Gambling_Be_Legalized_in_India:https://www.researchgate.net/publication/343082281 Last accessed

January 26, 2023

8. Hyder AA and Juul NH. Games, gambling, and children: Applying the precautionary principle for child health. J
Child and Adolesc Psychiatr Nurs 2008; 21(4): 202–204.

9. Insights into Editorial: Should gambling be legalised? https://www.insightsonindia. com/2023/01/26/insights-into-

editorial-should-gambling-be-legal