2023:DHC:2796 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. INTRODUCTION 1. The present case highlights the exponential growth of Online Fantasy Sports [hereinafter “OFS”] in India. As per a report prepared by Deloitte Touche Tohmatsu India LLP and the Federation of Indian Fantasy Sports in the year 2022, the OFS market in India has (i) over thirteen crore users in the country already; (ii) provided over 5,000 indirect jobs with the potential to create more employment opportunities in the future; and, (iii) created opportunities for investment and commerce through sponsorships, partnerships and the like1. In 2020, the Niti Aayog, in its discussion paper focused toward identifying the OFS space in India, highlighted the exponential growth in the Indian OFS market and made recommendations on how to navigate the unchartered waters of online fantasy sports gaming2. As recent as 6th April, 2023, after judgment was reserved in the present case, even the Central Government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023, aiming to regulate online gaming through a self-regulatory model and at the same time, provide an enabling framework to allow the 1 FIFS & DELOITTE, FANTASY SPORTS: CREATING A VIRTUOUS CYCLE OF SPORTS DEVELOPMENT 8, 20– 37 (2022). 2 NITI AAYOG, GUIDING PRINCIPLES FOR THE UNIFORM NATIONAL-LEVEL REGULATION OF ONLINE FANTASY SPORTS PLATFORMS IN INDIA DRAFT FOR DISCUSSION 1–4 (2020). Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 108/2023 Signing Date:26.04.2023 Page 2 of 51 13:09:16