"It's Their Profession": MP High Court Dismisses PIL Seeking Directions To Restrain Celebrities From Promoting Online Gaming

The Madhya Pradesh High Court, Indore Bench recently dismissed a Public Interest Litigation seeking directions to restrain celebrities such as Shah Rukh Khan, M.S. Dhoni, Virat Kohli and Rohit Sharma from promoting online gaming and further to enact strict penal laws for prohibition of online games.

The division bench of Justice Vivek Rusia and Justice A.N. Kesharwani observed that it could not issue Writ against such private persons and that online gaming is not prohibited in India-

The concern of the petitioner is in the public interest. Online gaming is not banned or prohibited in the State. It is matter of self-restriction as anything done in excess in an uncontrolled manner becomes injurious to life. No writ can be issued against private persons like respondents No. 1 to 4 for restraining them to do any advertisement because it is their profession to earn money. The petitioner has impleaded them as respondents and there is no such plea and relief to that effect in the writ petition.

The Petitioner was a practicing lawyer of the Court. His main grievance was that various online games were being advertised by film stars and cricketers of this country. The Petitioner submitted that the youth of this country, who looks up to them as role models, are indulging in online gaming due to these celebrities actively promoting them.

It was asserted by the Petitioner that there should be a strict penal law to control such online games in the State of Madhya Pradesh. Though, the Government has declared its intent to make a law in the State to regulate online gaming for children, the Petitioner argued that no such steps have been taken till date. He also brought up the instance of one student from District Khargone, who had committed suicide by leaving a note wherein he stated that he was addicted to an online games and was hoping that he could bring his family out of the poverty by the means of it.

Examining the submissions of parties and documents on record, the Court held that it cannot direct the Legislature to enact a law. It further noted that currently, online gaming was not prohibited in India and that enacting a law to regulate the same is within the domain of the Parliament and legislature.

The Court also pointed out that the petition suffered from non-joinder of necessary parties as the Petitioner had not impleaded any of the owners or operators of such online gaming apps and therefore, without impleading them, no direction could be issued against them.

With the aforesaid observations, the Court refused to interfere in the matter and accordingly, the petition was dismissed.

Case Title : VINOD KUMAR DWIVEDI v SHAHRUKH KHAN and ors

Case citation: 2022 LiveLaw (MP) 209

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