Section 4A(2) in Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
(2)An entity which fulfils the following criteria may apply to the Ministry for designation as an online gaming self-regulatory body, namely:—(a)the entity is a company registered under section 8 of the Companies Act, 2013 (18 of 2013);(b)its membership is representative of the gaming industry;(c)its members have been offering and promoting online games in a responsible manner;(d)its Board of Directors is comprised of individuals of repute and do not have any conflict of interest and possess special knowledge or practical experience suitable for the performance of the functions of such self-regulatory body, and consists of—(i)an individual having special knowledge of or practical experience in the online gaming industry;(ii)an individual having experience in promoting the interests of users of online games;(iii)an educationist;(iv)an expert in the field of psychology or mental health or such other relevant field;(v)an individual having special knowledge of or practical experience in the field of information and communications technology;(vi)an individual who is or has been a member or officer of an organisation dealing with the protection of child rights;(vii)an individual having practical experience in the field of public policy or public administration or law enforcement or public finance or other relevant field, to be nominated by the Ministry; and(viii)such other individuals as may be appointed with the previous approval of the Ministry;(e)its memorandum of association and articles of association contain provisions relating to—(i)the performance of its functions under these rules, including the redressal of grievances under sub-rule (11), in a manner free from conflict of interest and at arm‟s length from its members;(ii)the disclosure and reporting by and accountability of its members in relation to the online games verified by such body;(iii)the clear and relevant criteria, consistent with these rules, for the acceptance and continuation of a person as its member, and for revoking or suspending such membership after giving such person an opportunity of being heard; and(iv)the requirement that the amendment in the memorandum of association and articles of association in relation to any matter referred to in sub-clauses (i), (ii) or (iii) is carried out with the previous approval of the Ministry; and(f)the entity has sufficient capacity, including financial capacity, to perform its functions as an online gaming self-regulatory body under these rules.
