![\"\"](\"\/\/www.iser-br.com\/Themes\/Release\/images\/responsive\/ettelecom-default.jpg\")
“It (Apple<\/a>) contended that since these apps are valid and legal in other geographies, it would be difficult for (Apple) to bar them outright in India,” said one person cited above who told ET that Apple has been “asked to look into ways that the order can be implemented”.
Apple executives and Indian IT officials had met in March, shortly after the MeitY<\/a> released a list of 138 apps including gaming, loan, and betting applications that were barred from operating in India.
‘Three Options’<\/strong>
However, some betting apps such as Betway<\/a>, BetNetix<\/a> and Bet Analytix<\/a> that formed part of the list of banned apps continue to be available on the Apple App Store as of press time Monday. These apps have been removed from the Google Play Store.
Queries sent to Apple requesting comment remained unanswered till the time of going to press.
People aware said the phone-maker was in the process of complying with the IT ministry’s order. It is \"vetting\" the apps to ensure \"only the wrong or bad players of the ecosystem\" are taken down.
As an interim measure, Apple has taken down some of the apps that the IT ministry had banned in February, while it is working on the “best possible solution” for other apps, sources added.
Noting that “when the government issues takedown orders, Apple has one of three options — to tell MeitY that they cannot take down the apps and provide a reason for the same, take the government to court like Twitter did or to comply,\" the person said.
Last July, microblogging site Twitter moved the Karnataka High Court<\/a> against the government's orders to remove content pertaining to the farmers' protest and the handling of the Covid pandemic. The government alleged the posts were spreading misinformation. The government’s list also included accounts created in support of an independent Sikh state.
However, there is no reason for the Cupertino-based Apple to take months to comply with MeitY’s order issued in February this year, sources said.
The apps in question were allegedly in violation of Section 69A of the IT Act and at the time, officials believed they contained material which was a threat to the sovereignty and integrity of the country.
Legal experts are of the view that it is this very clause and its wording which could have provided a loophole to Apple.
\"The wording of Section 69A of the IT Act is broad and uses terms like public order, security of the state and sovereignty of the country and so on which doesn't necessarily cover gambling and betting,\" technology and gaming lawyer Jay Sayta told ET.
\"In 2010, CERT-In did not accede to Maharashtra government's request to block betting website Betfair stating that they could not take down some content because it was not violating the clauses of Section 69A. So, it is possible that Apple too made a case along these lines,\" he added.
Earlier in April, the Centre notified new regulations for gaming through an amendment to the IT Rules to protect online gamers from harmful content and addiction and prohibited games that involve wagering or betting with real money.
Following this, ministry officials have again asked Apple to ensure that any apps that allowed betting or wagering were not present on its App Store.
Minister of state for electronics and IT Rajeev Chandrasekhar said the government would establish multiple self-regulatory organisations (SROs) that will approve games that comply with the rules for operation in the country.
Conflicting Rules<\/strong>
Vidushpat Singhania, managing partner at Krida Legal<\/a>, said that he can “understand Apple’s confusion\" while describing it as “two-fold”.
According to the IT Rules 2023, which were published in April 2023, MeitY has allocated the power to SRBs\/SROs which will approve online games. “The fact that SROs\/SRBs are still to be constituted and recognised by MeitY, could be the reason why it could be considered that the trigger has been pulled a little too soon, when it comes to banning these apps,\" Singhania said.
Further, “betting and gambling is a state subject and while the Centre has come out with overarching guidelines for the online space, the power to classify whether an activity falls within the remit of betting and gambling in compliance with judicial precedent lies with the states,\" he noted.
On its part, Apple on its App Store review guidelines published on their website says that gaming, gambling, and lotteries can be tricky to manage and tend to be one of the most regulated offerings on the App Store. It warns developers to include this functionality only if they've 'fully vetted' their legal obligations.
<\/body>","next_sibling":[{"msid":100591992,"title":"Reliance's JioCinema signs content streaming deal with NBC Universal","entity_type":"ARTICLE","link":"\/news\/mvas-apps\/reliances-jiocinema-signs-content-streaming-deal-with-nbc-universal\/100591992","category_name":null,"category_name_seo":"mvas-apps"}],"related_content":[{"msid":"100602175","title":"Apple","entity_type":"IMAGES","seopath":"tech\/technology\/apple-need-solid-reason-to-take-down-betting-apps\/apple","category_name":"Exclusive: Need solid reason to take down banned betting apps, says Apple","synopsis":false,"thumb":"https:\/\/etimg.etb2bimg.com\/thumb\/img-size-1323004\/100602175.cms?width=150&height=112","link":"\/image\/tech\/technology\/apple-need-solid-reason-to-take-down-betting-apps\/apple\/100602175"}],"msid":100607666,"entity_type":"ARTICLE","title":"Apple: Need solid reason to take down betting apps","synopsis":"Apple executives and Indian IT officials had met in March, shortly after the MeitY released a list of 138 apps including gaming, loan, and betting applications that were barred from operating in India.","titleseo":"mvas-apps\/apple-need-solid-reason-to-take-down-betting-apps","status":"ACTIVE","authors":[{"author_name":"Dia Rekhi","author_link":"\/author\/479241730\/dia-rekhi","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479241730.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479241730,"author_name":"Dia Rekhi","author_seo_name":"dia-rekhi","designation":"Correspondent","agency":false}},{"author_name":"Aashish Aryan","author_link":"\/author\/479257742\/aashish-aryan","author_image":"https:\/\/etimg.etb2bimg.com\/authorthumb\/479257742.cms?width=100&height=100&hostid=268","author_additional":{"thumbsize":false,"msid":479257742,"author_name":"Aashish Aryan","author_seo_name":"aashish-aryan","designation":"Special Correspondent","agency":false}}],"analytics":{"comments":0,"views":147,"shares":0,"engagementtimems":716000},"Alttitle":{"minfo":""},"artag":"ETTelecom","artdate":"2023-05-30 07:39:37","lastupd":"2023-05-30 08:18:28","breadcrumbTags":["apple","apple betting apps","iphone","betway","karnataka high court","meity","BetNetix","Bet Analytix","Krida Legal","devices"],"secinfo":{"seolocation":"mvas-apps\/apple-need-solid-reason-to-take-down-betting-apps"}}" data-authors="[" dia rekhi","aashish aryan"]" data-category-name="MVAS/Apps" data-category_id="16" data-date="2023-05-30" data-index="article_1">
读到
“这(苹果)认为,因为这些应用程序是有效的和合法的其他地区,很难(苹果)禁止他们直接在印度,”一名人士表示引用上面谁告诉ET,苹果是“要求调查的方式可以实现”。
苹果高管和印度官员在3月,遇到后不久MeitY公布的138个应用程序,包括游戏列表,贷款,押注在印度被禁止操作的应用程序。
“三个选择”
然而,一些赌博应用等Betway,BetNetix和打赌Analytix形成的一部分,禁止应用程序的列表继续可在苹果应用商店周一新闻时间。这些应用程序已经从谷歌播放存储中删除。
发送查询请求置评的苹果仍然悬而未决,直到将新闻的时间。
人们意识到表示,手机制造商的过程中遵守它的秩序。“审查”应用程序,以确保“只有错了或坏球员的生态系统”拍摄下来。
作为临时措施,苹果已经撤下的一些应用,IT部门已经禁止在2月份,虽然在其他应用程序的“最佳方案”,消息来源说。
指出,“当政府问题可拆卸的订单,苹果三个选项之一——告诉MeitY他们不能把应用程序,并提供一个相同的原因,将政府告上法庭像Twitter一样或服从,”这位人士说。
去年7月,微博网站Twitter的移动卡纳塔克邦最高法院反对政府的命令删除内容属于农民的抗议和Covid大流行的处理。政府所谓的帖子传播错误信息。政府的名单还包括账户中创建一个独立锡克教的国家的支持。
然而,没有理由苹果苹果需要数月才能符合MeitY今年2月发布的指令中,消息人士说。
问题中的应用据称违反69条款的行为,当时,官员相信,他们包含材料是一个威胁到国家的主权和完整性。
法律专家认为,这一条款,其措辞可能会为苹果公司提供了一个漏洞。
“这法案69条款的措辞是广泛和使用公共秩序,国家和主权国家的安全等等并不涵盖赌博和博彩,”技术和游戏律师杰伊Sayta告诉等。
“2010年,、不加入马哈拉施特拉邦政府的请求阻止必发博彩网站声称他们不能记下一些内容,因为它没有违反69条款的条款。所以,苹果也可能沿着这些思路,”他补充道。
四月初,中心通知新法规对游戏通过一项修正案,这规则保护在线玩家从有害的内容,涉及赌博成瘾和禁止游戏或与真实的钱赌博。
这之后,铁道部官员再次要求苹果下注或者押注确保任何应用程序,允许不在应用程序商店。
电子和它Rajeev部长钱德拉塞卡表示,政府将建立多个自律组织(自律),将批准符合规则的游戏操作。
冲突的规则
Vidushpat Singhania管理合伙人Krida法律,说他可以“理解苹果的混乱”,而称其为“双重”。
根据规则2023,发表在2023年4月,MeitY已经分配的权力srb自律监管机构将批准/网络游戏。“事实上,自律监管/出生性别比仍被MeitY构成和认可,可能是它的原因可能是认为触发器被拉有点太早,当谈到禁止这些应用程序,”Singhania说。
进一步”,赌博,赌博是一个国家的话题,而中心推出的在线空间,指南的权力划分一个活动是否属于职权范围的赌博和赌博符合司法先例在于美国,”他说。
部分,苹果的App Store审查指南发布在他们的网站上说,游戏,赌博,和彩票可以难以管理和往往是最规范的产品在App Store。它警告说开发人员包括此功能只有在他们的全面审查的法律义务。
评论
现在评论 阅读评论(1)所有评论
找到这个评论进攻?
下面选择你的理由并单击submit按钮。这将提醒我们的版主采取行动