Abstract

Post lockdown, the gaming industry got a huge boost and as all the people were confined to their house all day and due to the reason, games served as a way to destress but excess gaming made it very addictive which caused concerns. The sudden increase in the size of the video game industry in India has raised significant concerns about the impact of violent content on public health. Games with violent themes have been linked to increased aggression and behavioural issues. Indian laws regarding the games and its platforms are not that strict and lack specificity in addressing violent content in games. Additionally, concerns over gaming addiction and its mental health consequences underscore the urgency for a robust legal framework. This paper explores the legal and public health dimensions of regulating violent video game content in India.

Keywords

Addiction, Gaming disorder, Violent, Gaming Industry, Depression, Anxiety, Framework

Introduction

Gaming in India was first introduced in the early 2000s, as that was the time when the gaming industry in India was introduced through gadgets like Console or Personal computer (PC), these introduced people in India to gaming. However, at that time the number of people who played games were less as the prices of console or personal computer were very high and could only be bought by the rich which downsized the market for these gadgets and underlined the potential of gaming in India. After the arrival of the social media in the mid-2000s, social media served as a way for people all over the India to connect with each other and learn, explore and share games with each other. Games like Farmville and Mafia Wars on Facebook made entry into the lives of millions of Indians who were playing these online games for the first time on social networks. The number of gamers during this time were still less due to not having console or pc but this issue was also resolved after the advent of smartphones in the 2010, and after its arrival smartphones began to be used as a primary device for the gaming as it had access to the internet and it was also affordable. The arrival of the smartphones allowed the gaming industry to boom through and reach everyone who had access to smartphones [1] . The

major rise in the numbers of people who played games came after the period of the lockdown in the march 2020, owing to Covid-induced lockdowns, people took to online gaming in a big way. This helped the online gaming and esports industry take off all over the world. India was no exception. The number of gamers surged, as did other metrics such as the number of downloads and time spent on playing games online. With the closing of schools, colleges, offices, shopping malls and other places where people could socialisation, people began to spend more and more time on playing games. “The average time spent by Indians on online games went up from 2.1 hours per week, or 11% of total smartphone time, before the lockdown to 4.5 hours, or 15% of total smartphone time, within a month of the lockdown, according to a June 2021 KPMG report on the Indian gaming industry” Stated in an article, shows that how the lockdown played an important role in the increase in number people who played games. The amount of time moderated as the restrictions lifted. Still, even by June 2021, a year after India began reopening, Indians were, on average, spending 3.1 hours per week, or 12% of their total smartphone time, on online gaming. [2]

Due to the rise in the numbers of the people who played games and also having too much free time allowed people to play games whole day allowed people at a large scale to get addicted to online gaming. People addicted to gaming justified their addiction by using video games as a coping method to help them deal with the symptoms of a primary diagnosis, like anxiety or depression. People addicted to gaming were termed as People suffering from Gaming disorder.

Gaming disorder is defined in the 11^th Revision of the International Classification of Diseases (ICD-11) as a pattern of gaming behaviour (“digital-gaming” or “video-gaming”) characterized by impaired control over gaming, increasing priority given to gaming over other activities to the extent that gaming takes precedence over other interests and daily activities, and continuation of gaming despite the occurrence of negative consequences [3]. Gaming has become so addictive that people diagnosed with gaming disorder have lost interest in their day- to-day activities and ignoring their family, friends, their work and prioritising game at the top most level and finding ways to find more time to play games. People suffering with gaming disorder show various symptoms of not being able to stop thinking about games and constantly gaming Even when they do understand that gaming is wreaking havoc on their personal life. Other symptoms include lying to parents or people about how much time they have spent on the game and having problems socialising with other people and having strained relationships

and poor performance in school or at the office and also have poor eyesight and sometime get irritated, anxious, sad or even depressed if they are not allowed to play games. [4]

As online gaming turned from fun to a dangerous addiction it was made more severe by engaging in violent games, games with violent theme and action has affected the gamer’s mind negatively by making them more aggressive, they behave aggressively with their peers and sometime even resort to physical assault.

In India, the legal framework for regulating video game content is still in its emerging stages. Laws relating to gaming basically are the huddle of rules and regulations that deals with the various aspects of gaming activities within the country. The legislative framework is basically a blend of both central and state laws and in all the laws enforced the Public Gambling Act 1867 being the oldest and primary laws made for British India, but with the change in circumstances and scenario these laws are outdated and not being able to deal with modern complexities of gaming like online gaming.

Research Methodology

The research employs a mixed-method approach Primary Data includes the expert opinions from public health professionals and articles from government agency like press information bureau. Secondary Data includes analysis of existing literature on the psychological impact of violent games, reports on gaming addiction.

Review of literature

• Education counsellor Mahwish Fatma who has worked closely with children, in article by the times of India titled “online gaming takes a toll on mental health of teenagers” written by Sheezan Nezami stated that kids who are addicted to gaming get so much linked to the gaming world that they lose focus about things that happen around them which directly affects their studies. Even while studying they think about the game, how they could have completed and won the game and what could more have been done in that situation, their mind is always occupied in the situation. In the same article Nalanda Medical College and Hospital psychiatry department associate professor Dr Santosh Kumar said that during the online classes in the lockdown period, people aged 12-25, spent many hours using the gadgets and became more addicted to the games. [5]
• NCP Rajya Sabha member Fauzia Khan on Tuesday, August 6, 2024, During the Zero hour in the Upper house stated this issue by saying that Violent online games like PUBG, Call of Duty, GTA and Blue Whale Challenge were immensely popular between children and that the violent content in those games could lead to growth of aggressive behaviour in children and might cause them anxiety and phobia due to the blood content. Ms. Fauzia Khan also pointed out that India lacked specific and rigid framework regarding the violent content in games. [6]

• Dr. Vishal Akula the general secretary of Indian Psychiatric Society, Telangana State branch in an article “Gaming addiction on the rise in India” by Telangana Today said that Gaming Addiction begins to develop when gamers become so lost in thought about video game that they visualize about their game even when they are not playing it when they should be thinking about their work. The addiction makes them play games for unaccountable hours and days, which affects their health. He also pointed out that youngsters with gaming disorder continue playing games regardless of the consequences, the urge to be always better in the game and to develop their skills to progress faster in the game acts as a fuel to the gaming addiction. [7]

• Rajesh Kumar, Prof psychiatry, Indira Gandhi Institute of Medical Sciences in an article by Deccan Herald stated that 41% population of India consist of children below the age of 20 and they are the main target of the gaming addiction as the brains remain underdeveloped, they are an easy target to the gaming addiction. As the children are developing, they want to do things which give them immediate fun which at last becomes an addiction. [8]

Method

The Potential causes of the Gaming addiction include various factors such as:

• Dopamine desensitization- Video games are extremely stimulating and cause high level of dopamine which might feel good at that particular time but after playing game for longer hours can desensitize the brain and the gamer must play the game for more hours to get the same satisfaction as they used to.
• Escapism- Gamers often play games to escape stress or distract themselves from other stressful problems or emotions, gaming has the unique ability to immerse an individual and distract them from the stress and give them the comfort.

• Sense of belonging– Multiplayer gaming is a great way to build communities and virtually connect with like-minded people. As humans, the need for social interaction has to be satisfied, and video games offer this without having to meet face to face. The anonymity of interacting online makes it very appealing to those who are shy or suffer from social anxiety.

• Personality and psychological factors- People with low self-esteem may seek in-game success and status to feel better about themselves. People with impulse control problems may be more likely to spend large amounts of money on microtransactions. ADHD Children with ADHD are more likely to compulsively use computer games. ADHD is a neurodevelopmental disorder that can cause a lack of attention, aggressiveness, and/or hyperactivity. [9]

• Addictive features of gaming- The companies add “addictive psychological features” into popular games like Minecraft, GTA 5, and Fortnite. This is supposedly done to hook players, compelling them to spend excessive time and money on gaming. It’s reported that some children affected by these practices spend up to $350 monthly on video games. [10]

Video game addiction and violent games have affected the mind of addicted gamers so badly that some of them have even committed atrocious crimes, following are some examples of it –

• In Belagavi, Karnataka, Raghuveer Kumbhar aged (21) beheaded his father Shankar Kumbhar (61) using a sickle and later used a sharp cutter to chop off his leg. Raghuveer had a poor academic record and severely addicted to PUBG. When Raghuveer asked his father for money for his PUBG account, the father simply refused and due to the refusal, enraged Raghuveer created a ruckus in the society due to which the society members called police and after bringing both Raghuveer and his father to police station, The father acknowledged that the child was severely addicted to PUBG and after an hour of counselling both of them were allowed to go back home. After returning to home, at 4.30am Raghuveer started playing game again and due to this Shankar

snatched Raghuveer’s phone and left, enraged Raghuveer then locked the mother’s room from outside and went to his father’s room to chop off his head and then his leg, killing him at that moment. [11]

• A class 7 student aged 14 of Mumbai, a very bright student who was also fond of cricket who did not show any signs of Gaming addiction but had committed suicide in his room when his parents were out of the house. The probe conducted by the police revealed that he was addicted to the online game “Garena Free Fire” but it still remains a mystery what triggered the kid to commit suicide. [12]
• A 16-year-old boy in Lucknow, Uttar Pradesh, who was an addict of the online game PUBG and his mother would stop him again and again from playing games and would ask him to focus on studies which would result in arguments, due to these frequent arguments the kid had ran away from the home many times. The cause of the incident is said to be that the mother accused the kid of stealing money and also slapped the kid which triggered the kid due to which he shot the mother using the father’s pistol in a fit of anger which was inside him due to frequent arguments about him gaming addiction. [13]

• 14-year-old student Manpreet Singh Sahani of Andheri, Mumbai was player or the online game called “Blue Whale” in which player has to tackle each challenge posted online daily and the last stage of the game is “Suicide”. Manpreet had gone up to the sixth-floor terrace of the building in Sher-e-Punjab society Andheri(E) and around 5:30pm climbed up the fence of the side wall. Other residents of the society shouted warnings for him to be careful but before the residents could do anything, Manpreet had already jumped off the building and committed suicide. [14]

• Kharar based 17-year-old, spent nearly 16 lakhs on the game PUBG, he had allegedly purchased in-game currency and passes to master the game. He had access to three accounts in the home. He had all the accounts details as he used to make payments on behalf of his mother. The teenager had exhausted His father’s savings for his medical expenses, his mother’s provident fund amount and some the of amount from his own personal bank. The teenager used her mobile phone to make all transactions and would delete the message regarding amount debited from account so that the parents would

not know about the transactions and would sometimes even shuffle the amount from one bank to another to hide the 0 balance. [15]

Suggestion

While the government of India lacks specificity and rigidity in the regulation of the violent and gaming addiction, they have been taking steps to control the addiction by taking certain steps-

• Union Minister Rajeev Chandrasekhar had announced the ban of the three types of games which includes, Games that involve betting, Games can be harmful to the user, Games that involve a factor of addiction. [16]

• On 4^th December, 2020 the Ministry of Information and Broadcasting issued an advisory to all private satellite television channels on ‘Advertisements on Online Games, Fantasy Sports, etc.’, advising all broadcasters that the guidelines issued by the Advertising Standards Council of India be complied with and that the advertisements broadcast on television adhere to the same. Brief of the guidelines are as follows:

1. No gaming advertisement may depict any person under the age of 18 years.

2. Every such gaming advertisement must carry the disclaimer in line with ASCI code in Print/static as well as Audio/video forms indicating that this game involves an element of financial risk and may be addictive.
3. The advertisements should not present their games as an alternative employment option.
4. They also should not depict that the person doing the gaming activity in any way is more successful as compared to others.
   • The Ministry of Education had issued an advisory for parents & teachers on 27^th September, 2021 on overcoming online gaming downsides. Subsequently, the Ministry of Education on 10^th December, 2021 had issued an advisory to Parents, Teachers on Children’s safe online gaming indicating that playing online games leads to a serious gaming addiction which has been considered as a gaming disorder. It warned that playing online games with no restriction and self-limits lead many players to become addicted and are eventually diagnosed with gaming disorder.
   • The Ministry of Home Affairs have established the Indian Cyber Crime Coordination Centre to provide a framework and eco-system for Law Enforcement Agencies to deal with cyber-crimes in a comprehensive and coordinated manner. MHA has also launched the National Cyber Crime Reporting Portal to enable the public to report all types of cyber-crimes. The portal has distinct mechanisms for registering complaints against women/child related crimes and financial frauds. [17]

• A Division Bench of Justice R. Mahadevan and Justice J. Sathaya Narayana Prasad of the Madras High Court had directed the central government to take steps for the effective implementation of banning of “violent online games” and to create awareness programmes in all the schools and colleges regarding their impact. The bench stated that “Central Governments must come forward with a clear-cut report as to how these types of online games which damage the life of younger generation, are permitted despite the ban imposed by the Government of India. We are, therefore, of the view that constitutional Court has got the responsibility to take up the issue in larger public interest,” [18].

Conclusion

While gaming serves as a way for people to destress, playing the games again and again for several hours without any regard for their social life and impacting their health negatively. Violent and gaming addiction affect the minds of people negatively, which completely destroys their lives and their relations with other people, it also fuels their minds with aggressive behaviour which in severe cases makes them commit atrocious crimes. The recent massive rise of the gaming industry basically online gaming platforms due to the lockdown period and the lack of a central law to regulate the online gaming industry have created hazard in the general public. In addition to this the evolving landscape of the digital market especially gaming industry leads to the pressing issue of market failure. The rush in online games it has increase economic growth but it has led to host of concerns like addiction, mental health issues, financial frauds and national security risk etc. By addressing this issue Union and states government had imposed bans on certain games and also improvised their laws and regulations which included bans on gaming advertisements including children below the age of 18 and also that the

advertisement should inform about the financial risk and the risk of getting addicted to the game. The government also issued advisories to the schools and parents informing them about how the online gaming addiction affected the mind of children negatively and how they should avoid their children getting addicted to the game. These measures show that while the framework regarding online gaming is still weak, the recent amendments in the laws and issuing of advisories by the government serve as an important tool to overcome the gaming addiction.

Rujul Patil

D.Y. Patil Law College, Pune

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