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xvii      It is pertinent to note that the New Act contemplates a special category of games called e-sports, which has been defined in the New Act and, inter alia, contemplates different multi-sport events and organised competitive events between individuals or teams, etc.  The New Act seeks to promote e-sports in India and contemplates potential registration of e-sports with the authority proposed to be set up under the New Act. The issue of whether sports betting is a game of skill or not is pending before the Supreme Court in the Sports Betting Case. The draft bill is also proposed to exempt “games of skill” and be brought under a licensing and compliance regime, with the Karnataka Online Gaming and Betting Regulatory Authority proposed to be the authority empowered to assess and distinguish between the two categories. The New Act broadly defines an online game as any game managed or operated through software or technology on a digital device over the internet. In the context of online gaming, states are gradually recognising the need for specific provisions to regulate the field and while some states of north-eastern India have preferred a licensing regime, some states of southern India have opted for bans.

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