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Introduction

On April 30, 2025, the Supreme Court of India delivered a landmark judgment that cast a sharp light on one of the most overlooked yet pressing issues in modern governance—digital inequity. In a country that has a staggering 900 million Internet users, the ruling highlights a disheartening reality, a paradox that brings the “digital divide” to centre stage. While India may be the world’s second-largest online market, a significant segment of its population remains digitally disenfranchised. The judgment, delivered in response to two interconnected petitions, underscored that access to the internet is no longer a luxury but a lifeline integral to exercising fundamental rights. The court pointed out in clear terms that the government must build a digital ecosystem that is inclusive and accessible to all and attributed the right to digital access as an intrinsic part of the right to life and liberty under Article 21 as enshrined under the Indian Constitution. 

Understanding the Context: What Prompted the Petitions? 

The judgment springs out of two writ petitions, which sought instructions or guidelines for people with blindness or limited vision and acid attack survivors, respectively, to conduct digital Know Your Customer (KYC)/e-KYC/video KYC mandated by RBI’s KYC Master Directions, 2016, which were reserved for judgment on January 28. The court delivered the judgment on April 30, 2025, emphasising the fact that true inclusion in this digital era is confounded in an inclusive digital infrastructure, and it must provide reasonable accommodation to those who face impediments due to any disability or disfigurement. 

In consonance with its view, it laid down various guidelines that ensure that all persons with disabilities or acid attack survivors are treated even when digital processes are involved in accordance with the provisions of the Right of Persons with Disabilities Act, 2016 (hereinafter referred to as “RPwD Act”)

Another major observation made by the Honourable SC judges is that the mode of facilitation of government services is through digital platforms, i.e., e-governance, and access to all these welfare schemes is the right of every citizen, irrespective of the fact that they suffer from any disability. The failure of the provisioning of e-governance of these facilities to these individuals is a gross failure of the objectives of these schemes. 

Key Observations and Directives

The court directed the government to release fresh guidelines that establish alternative methods to conduct digital KYC/e-KYC for all persons who suffer any impairment, low vision, or disfigurement with greater sensitivity, particularly for acid-attack survivors. The court made its intention very clear that the right to digital access is intrinsic to the right to life and liberty. All the tasks that are included within the ambit of digital KYC, such as pen-on-paper signatures, screen signatures, and the brief window for OTP entry, create an inaccessible and exclusionary framework, violating not just the dignity but the legal rights granted protection under the RPwD Act, 2016. The ruling directs a fundamental reimagining of digital governance through the lens of inclusion, equality, and dignity. 

Conclusion

The court is not mincing its words when it declares digital accessibility as a constitutional imperative; it has made it clear that bridging the digital divide is no longer optional but a legal duty. The decision marks the new beginning and a propeller of digital transformation, and a delightful amalgamation of digital access and the rights of people. The effect of this judgment will not be restricted to one class of people. Still, it will cater to all those individuals who face these obstacles on a daily basis due to the exclusionary nature of digital platforms. 

References

• https://www.livelaw.in/supreme-court/right-to-digital-access-part-of-article-21-supreme-court-directs-to-make-ekyc-process-accessible-to-persons-with-disabilities-290778

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Introduction

The development of high-speed broadband internet in the 90s triggered a growth in online gaming, particularly in East Asian countries like South Korea and China. This culminated in the proliferation of competitive video game genres, which had otherwise existed mostly in the form of high-score and face-to-face competitions at arcades. The online competitive gaming market has only become bigger over the years, with a separate domain for professional competition, called esports. This industry is projected to reach US$4.3 billion by 2029,  driven by advancements in gaming technology, increased viewership, multi-million dollar tournaments, professional leagues, sponsorships, and advertising revenues. However, the industry is still in its infancy and struggles with fairness and integrity issues. It can draw lessons in regulation from the traditional sports market to address these challenges for uniform global growth.

The Growth of Esports

The appeal of online gaming lies in its design innovations, social connectivity, and accessibility. Its rising popularity has culminated in online gaming competitions becoming an industry, formally organised into leagues and tournaments with reward prizes reaching up to millions of dollars. Professional teams now have coaches, analysts and psychologists supporting their players. For scale, the 2024 ESports World Cup (EWS) held in Saudi Arabia had the largest combined prize pool of over US$60 million. Such tournaments can be viewed in arenas and streamed online, and by 2025, around 322.7 million people are forecast to be occasional viewers of esports events. 

According to Statista, esports revenue is expected to demonstrate an annual growth rate (CAGR 2024-2029) of 6.59%, resulting in a projected market volume of US$5.9 billion by 2029. Esports has even been recognised in traditional sporting events, debuting as a medal sport in the Asian Games 2022. In 2024, the International Olympic Committee (IOC) announced the Olympic Esports Games, with the inaugural event set to take place in 2025 in Saudi Arabia. Hosting esports events such as the EWS is expected to boost tourism and the host country’s local economy.

The Challenges of Esports Regulation

While the esports ecosystem provides numerous opportunities for growth and partnerships, its under-regulation presents challenges. Due to the lack of a single governing body like the IOC for the Olympics or FIFA for football to lay down centralised rules, the industry faces certain challenges, such as : 

1. Integrity issues: Esports are not immune to cheating attempts. Match-fixing, using advanced software hacks, doping (e.g., Adderall use), and the use of other illegal aids are common.  DOTA, Counter-Strike, and Overwatch tournaments are particularly susceptible to cheating scandals. 
2. Players’ Rights: The teams that contractually own professional players provide remuneration and exercise significant control over athletes, who face issues like overwork, a short-lived career, stress, the absence of collective bargaining forums, instability, etc. 
3. Fragmented National Regulations: While multiple countries have recognised esports as a sport, policies on esports governance and allied regulation vary within and across borders. For example, age restrictions and laws on gambling, taxation, labour, and advertising differ by country. This can create confusion, risks and extra costs, impacting the growth of the ecosystem. 
4. Cybersecurity Concerns: The esports industry carries substantial prize pools and has growing viewer engagement, which makes it increasingly vulnerable to Distributed Denial of Service (DDoS) attacks, malware, ransomware, data breaches, phishing, and account hijacking. Tournament organisers must prioritise investments in secure network infrastructure, perform regular security audits, encrypt sensitive data, implement network monitoring, utilise API penetration testing tools, deploy intrusion detection systems, and establish comprehensive incident response and mitigation plans.

Proposals for Esports Regulation: Lessons from Traditional Sports

To address the most urgent challenges to the esports industry as outlined above,  the following interventions, drawing on the governance and regulatory frameworks of traditional sports, can be made:

1. Need for a Centralised Esports Governing Body: Unlike traditional sports, the esports landscape lacks a Global Sports Organisation (GSO) to oversee its governance. Instead, it is handled de facto by game publishers with industry interests different from those of traditional GSOs. Publishers’ primary source of revenue is not esports, which means they can adopt policies unsuitable for its growth but good for their core business. Appointing a centralised governing body with the power to balance the interests of multiple stakeholders and manage issues like unregulated gambling, athlete health, and integrity challenges is a logical next step for this industry. 
2. Gambling/Betting Regulations: While national laws on gambling/betting vary, GSOs establish uniform codes of conduct that bind participants contractually, ensuring consistent ethical standards across jurisdictions. Similar rules in esports are managed by individual publishers/ tournament organisers, leading to inconsistencies and legal grey areas. The esports ecosystem needs standardised regulation to preserve fair play codes and competitive integrity.
3. Anti-Doping Policies: There is increasing adderall abuse among young players to enhance performance with the rising monetary stakes in esports. The industry must establish a global framework similar to the  World Anti-Doping Code, which, in conjunction with eight international standards, harmonises anti-doping policies across all traditional sports and countries in the world. The esports industry should either adopt this or develop its own policy to curb stimulant abuse. 
4. Norms for Participant Health:  Professional players start around age 16 or 17 and tend to retire around 24. They may be subjected to rigorous practice hours and stringent contracts by the teams that own them. There is a need for international norm-setting by a federation overseeing the protection of underage players. Enforcement of these norms can be one of the responsibilities of a decentralised system comprising country and state-level bodies. This also ensures fair play governance.
5. Respect and Diversity:  While esports is technologically accessible, it still has room for better representation of diverse gender identities, age groups, abilities, races, ethnicities, religions, and sexual orientations. Embracing greater diversity and inclusivity would benefit the industry's growth and enhance its potential to foster social connectivity through healthy competition.

Conclusion

The development of the world’s first esports island in Abu Dhabi gives impetus to the rapidly growing esports industry with millions of fans across the globe. To sustain this momentum, stakeholders must collaborate to build a strong governance framework that protects players, supports fans, and strengthens the ecosystem. By learning from traditional sports, esports can establish centralised governance, enforce standardised anti-doping measures, safeguard athlete rights, and promote inclusivity, especially for young and diverse communities. Embracing regulation and inclusivity will not only enhance esports' credibility but also position it as a powerful platform for unity, creativity, and social connection in the digital age.

Resources

• https://www.statista.com/outlook/amo/esports/worldwide
• https://www.statista.com/statistics/490480/global-esports-audience-size-viewer-type/ 
• https://asoworld.com/blog/global-esports-market-report-2024/#:~:text=A%20key%20driver%20of%20this%20growth%20is%20the%20Sponsorship%20%26%20Advertising,US%24288.9%20million%20in%202024. 
• https://lawschoolpolicyreview.com/2023/12/28/a-case-for-recognising-professional-esports-players-as-employees-of-their-game-publisher/ 
• https://levelblue.com/blogs/security-essentials/the-hidden-risks-of-esports-cybersecurity-on-the-virtual-battlefield 
• https://medium.com/@heyimJoost/esports-governance-and-its-failures-9ac7b3ec37ea 
• https://www.google.com/search?q=adderall+abuse+in+esports&oq=adderall+abuse+in+esports&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIHCAEQIRiPAjIHCAIQIRiPAtIBCDU2MDdqMGo5qAIAsAIB&sourceid=chrome&ie=UTF-8 
• https://americanaddictioncenters.org/blog/esports-adderall-abuse#:~:text=A%202020%20piece%20by%20the,it%20because%20everyone%20was%20using

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In the vast, interconnected cosmos of the internet, where knowledge and connectivity are celebrated as the twin suns of enlightenment, there lurk shadows of a more sinister nature. Here, in these darker corners, the innocence of childhood is not only exploited but also scarred, indelibly and forever. The production, distribution, and consumption of Child Sexual Abuse Material (CSAM) have surged to alarming levels globally, casting a long, ominous shadow over the digital landscape. 

In response to this pressing issue, the National Human Rights Commission (NHRC) has unfurled a comprehensive four-part advisory, a beacon of hope aimed at combating CSAM and safeguarding the rights of children in this digital age. This advisory dated 27/10/23 is not merely a reaction to the rising tide of CSAM, but a testament to the imperative need for constant vigilance in the realm of cyber peace.

The statistics paint a sobering picture. In 2021, more than 1,500 instances of publishing, storing, and transmitting CSAM were reported, shedding a harsh light on the scale of the problem. Even more alarming is the upward trend in cases reported in subsequent years. By 2023, a staggering 450,207 cases of CSAM had already been reported, marking a significant increase from the 204,056 and 163,633 cases reported in 2022 and 2021, respectively.

The Key Aspects of Advisory

The NHRC's advisory commences with a fundamental recommendation - a redefinition of terminology. It suggests replacing the term 'Child Pornography' with 'Child Sexual Abuse Material' (CSAM). This shift in language is not merely semantic; it underscores the gravity of the issue, emphasizing that this is not about pornography but child abuse. 

Moreover, the advisory calls for the definition of 'sexually explicit' under Section 67B of the IT Act, 2000. This step is crucial for ensuring the prompt identification and removal of online CSAM. By giving a clear definition, law enforcement can act swiftly in removing such content from the internet.

The digital world knows no borders, and CSAM can easily cross jurisdictional lines. NHRC recognizes this challenge and proposes that laws be harmonized across jurisdictions through bilateral agreements. Moreover, it recommends pushing for the adoption of a UN draft Convention on 'Countering the Use of Information and Communications Technologies for Criminal Purposes' at the General Assembly.

One of the critical aspects of the advisory is the strengthening of law enforcement. NHRC advocates for the creation of Specialized State Police Units in every state and union territory to handle CSAM-related cases. The central government is expected to provide support, including grants, to set up and equip these units. 

The NHRC further recommends establishing a Specialized Central Police Unit under the government of India's jurisdiction. This unit will focus on identifying and apprehending CSAM offenders and maintaining a repository of such content. Its role is not limited to law enforcement; it is expected to cooperate with investigative agencies, analyze patterns, and initiate the process for content takedown. This coordinated approach is designed to combat the problem effectively, both on the dark web and open web.

The role of internet intermediaries and social media platforms in controlling CSAM is undeniable. The NHRC advisory emphasizes that intermediaries must deploy technology, such as content moderation algorithms, to proactively detect and remove CSAM from their platforms. This places the onus on the platforms to be proactive in policing their content and ensuring the safety of their users. 

New Developments 

Platforms using end-to-end encryption services may be required to create additional protocols for monitoring the circulation of CSAM. Failure to do so may invite the withdrawal of the 'safe harbor' clause under Section 79 of the IT Act, 2000. This measure ensures that platforms using encryption technology are not inadvertently providing safe havens for those engaged in illegal activities. 

NHRC's advisory extends beyond legal and law enforcement measures; it emphasizes the importance of awareness and sensitization at various levels. Schools, colleges, and institutions are called upon to educate students, parents, and teachers about the modus operandi of online child sexual abusers, the vulnerabilities of children on the internet, and the early signs of online child abuse. 

To further enhance awareness, a cyber curriculum is proposed to be integrated into the education system. This curriculum will not only boost digital literacy but also educate students about relevant child care legislation, policies, and the legal consequences of violating them. 

NHRC recognizes that survivors of CSAM need more than legal measures and prevention strategies. Survivors are recommended to receive support services and opportunities for rehabilitation through various means. Partnerships with civil society and other stakeholders play a vital role in this aspect. Moreover, psycho-social care centers are proposed to be established in every district to facilitate need-based support services and organization of stigma eradication programs. 

NHRC's advisory is a resounding call to action, acknowledging the critical importance of protecting children from the perils of CSAM. By addressing legal gaps, strengthening law enforcement, regulating online platforms, and promoting awareness and support, the NHRC aims to create a safer digital environment for children. 

Conclusion 

In a world where the internet plays an increasingly central role in our lives, these recommendations are not just proactive but imperative. They underscore the collective responsibility of governments, law enforcement agencies, intermediaries, and society as a whole in safeguarding the rights and well-being of children in the digital age. 

NHRC's advisory is a pivotal guide to a more secure and child-friendly digital world. By addressing the rising tide of CSAM and emphasizing the need for constant vigilance, NHRC reaffirms the critical role of organizations, governments, and individuals in ensuring cyber peace and child protection in the digital age. The active contribution from premier cyber resilience firms like Cyber Peace Foundation, amplifies the collective action forging a secure digital space, highlighting the pivotal role played by think tanks in ensuring cyber peace and resilience. 

References:

• https://www.hindustantimes.com/india-news/nhrc-issues-advisory-regarding-child-sexual-abuse-material-on-internet-101698473197792.html
• https://ssrana.in/articles/nhrcs-advisory-proliferation-of-child-sexual-abuse-material-csam/
• https://theprint.in/india/specialised-central-police-unit-use-of-technology-to-proactively-detect-csam-nhrc-advisory/1822223/

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