FANTASY SPORTS and ONLINE RUMMY—“GAME of SKILL” or “GAME of CHANCE”? RECENT TRENDS IN ARGUMENTS BY THE STATE and ISSUES IN DIGITAL PLATFORMS

Over the past decade, the game of skill versus game of chance debate with respect to real-money online gaming, that is, fantasy sports and online rummy offered by digital platforms, has gained prominence. In order to provide a background on the Indian jurisprudence pertaining to fantasy sports and online rummy, the author first engages in a substantial discussion of the judgments, wherein Indian courts have consistently held that online rummy and fantasy sports involve considerable skill and the application of superior knowledge, mind, and attention, thereby qualifying as games of skill. The author also critically analyses the arguments and issues that have been raised by the Indian State in recent matters with respect to the issue of game of skill in relation to fantasy sports and online rummy. In this research article, the author primarily analyses the grave issues with respect to the real-money element in fantasy sports and online rummy as well as critiques certain problematic features in the digital platforms offering the said games, which have the potential to affect the chance element in such games and undermine the skill factor. One of the issues that the author addresses is whether online rummy and fantasy sports played with monetary stakes amount to gambling owing to the monetary stakes involved. Furthermore, the author analyses the issue whether the determination of opponents on the basis of stakes placed and not on the basis of the skill level of opponents makes the contest a game of chance. Moreover, the author also critiques a common feature of several fantasy sports platforms, that is, the feature of allowing participation in fantasy sports contests using simulated teams or recommended teams, which have already been prepared by other users and displayed on the fantasy sports platform. The author critiques the aforesaid issues and provides some suggestions in order to alleviate them.