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India dictates terms to Google’s Play Store

The Nutgraf is a 10-min newsletter sent at 10 AM IST every Saturday. It connects the dots and synthesizes one big event in business, technology and finance that happened over the week in India. In a way you’ll never forget.

This is a paid newsletter that’s available exclusively to The Ken’s premium subscribers.

Just 10 mins long Synthesis not analysis Sometimes memes

24 Sep, 2022

From lending apps to gambling, Google bends towards India’s laws and regulations

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A paid 🔒 weekly emailer that explains fundamental shifts in business, technology and finance that happened over the last seven days in India. In a way you’ll never forget. Someone sent you this? Sign up here
Good Morning Dear Reader,
 

Exactly two years ago, on 18 September, 2020, Paytm’s mobile app suddenly disappeared from Google’s Play Store. 

 

At first, many people believed this to be a mistake. But after a while, it became clear that it wasn’t. Google had done this deliberately. Contradictory statements flew all over the place. Tensions were higher because in India, Google directly competes with Paytm through its payments app, Google Pay. 

 

Then after a while, we finally found out what was going on. 

Google said that Play Store prohibits online casinos and other unregulated gambling apps that facilitate sports betting in India. Paytm, which has promoted a fantasy sports service within its marquee app, repeatedly violated Play Store’s policies, two people familiar with the matter told TechCrunch. Paytm’s fantasy sports service, called Paytm First Games, was also available as a standalone app, which has been pulled from the Play Store, too.
 
The Android-maker, which maintains similar guidelines around gambling in most other markets, additionally noted that if an app leads consumers to an external website that allows them to participate in paid tournaments to win real money or cash prizes it will also be deemed in violation of its Play Store policies.
Google pulls India's Paytm app from Play Store for repeat policy violations, Techcrunch

Essentially, Paytm had launched a contest on its app, coinciding with the IPL, and issued cashback as rewards to its users. According to Google, this fell into the category of gambling, which went against its policies. So it took down Paytm’s mobile app from its app store. 

 

Google came out with a blog post titled ‘Understanding our Play gambling policies in India’. It’s a fairly short post, just four paragraphs long. In it, it clarifies its position by noting that it has a global policy against gambling, which it applies uniformly on all developers. 

 

It makes no reference to India’s laws and regulations. 

 

Vijay Shekhar Sharma, founder and CEO of Paytm was livid, though. 

 

And one could argue that he had good reason to be upset. In an interview, he also pointed out that this was a double-standard because Google Pay did something similar—after making a transaction, users are given virtual scratch cards, which give them cashback.

But there was another point. 

 

While gambling is illegal in India, giving cashbacks is not.

 

And this was a problem for Sharma, because it meant that Google was operating on its own, doing as it pleased, irrespective of India’s laws.

Quote
“This is the problem of India’s app ecosystem. So many founders have reached out to us… if we believe this country can build digital business, we must know that it is at somebody else’s hand to bless that business and not this country’s rules and regulations,”
 
Vijay Shekhar Sharma, in an interview to CNBC TV18

Since then, Vijay Shekhar Sharma has been aggressively campaigning against Google’s policies, and the message has nationalistic undertones. Paytm even went ahead to launch a competing app store. Others joined in. All of them approached the Ministry of Electronics and IT (MeitY) to raise concerns around Google's Play Store billing policy. Investigations were launched against Google.

 

That was back then. 

 

Here’s what happened last week.

On Friday, the Finance ministry expressed concerns over the increasing number of illegal loan apps on the Google Play store and Apple app store. 
 
The ministry announced that the Reserve Bank of India (RBI) will prepare a “whitelist” of all legal apps and the IT ministry will ensure that only the ones on the whitelist are available on the Google Play store and Apple App store. “RBI will prepare a “Whitelist” of all the legal Apps and MeitY will ensure that only these “Whitelist” Apps are hosted on App Stores,” PBI noted in its official press release.
India preparing whitelist of legal loan and finance apps, will ban others soon, India Today

Well, well, well. 

 

Google has policies about what apps are allowed on its app store. Except now, those policies are no longer its own, but imposed on it by the government of India. And not just policies, but the very apps that are allowed to be listed on the store are going to be dictated to it, and Google is expected to remove all other lending apps from its store.

 

What a turnaround. 

 

For a while now, the Indian government has been aggressively going after lending apps, particularly because many of these have Chinese connections. In fact, my colleague Arundhati wrote an excellent story about this last year, which I highly recommend reading. And since then, Google, in fits and starts, has taken action against these apps. It even removed some of them from the store, citing policy violations. But finally, it looks like India has decided to micromanage the whole situation. 

 

However, lending apps is only part of the story. 


That’s because Google made another policy change in India this month.
Google on Thursday said it will conduct a pilot programme to enable distribution of daily fantasy sports (DFS) and rummy apps by local developers to users in India via its application store, Play Store.
 
Currently, real money online rummy and daily fantasy apps, including Dream 11 and Mobile Premier League, are banned from Google Play Store as they violate the platform’s policy on gambling.
Google plans pilot programme on ‘gambling’ apps, The Hindu

Well. Well. Well. 

 

The story of gambling apps is a bit more complicated. Until now, Google was operating in a zone that was completely divorced from Indian laws (as Paytm found out). The main difference is that while gambling laws in India differ from state to state, there’s an exception carved out for games of skill, i.e., if the outcome is driven primarily by human skill and not by luck, it’s allowed to operate in India because it does not fall under the definition of gambling. 

 

This is where fantasy games and rummy have an edge. Over and over again, courts across multiple states have ruled them as games of skill. And that’s why as far as online gaming is concerned, nothing is more popular than rummy.

But it hasn’t all been smooth sailing. For instance, the government of Karnataka banned all games in the state last year, never mind if it was based on luck or skill. And for several months, companies like Dream11 and MPL had to block users in the state. A few months later, the courts intervened, struck down the law and let them operate again. 

 

On the other hand, Google has clear conditions for letting betting companies run their apps on the Play Store. For a long time, its policy was to ban everything. But over the last few years, that appears to be weakening. 

 

It all began in 2017, when it allowed entities in just four countries to distribute their apps on the Play Store, but with a lot of restrictions. Then it expanded coverage to more countries. And now, finally, India seems to have made it to the list. 

 

And it has begun this distribution with what the Indian government defines as a game of skill. Rummy. And fantasy games. 

 

Whether its lending apps or gambling, Google’s app store policies are now becoming more closely aligned with that of India. Which apps stay. Which apps go away. Which apps are allowed. This brings in immense subjectivity for both Google and the Indian government, who get to decide arbitrarily who makes it to the app store. This may sound like bad news, and perhaps it is, but the good news is that companies don’t have to worry about two regulators now. Now, it’s just one, and that’s the Indian government. 

 

But this has made some people unhappy.

Indian online gaming platform WinZO has sued Google to stop the tech giant from allowing real-money games for fantasy sports and rummy on its platform, saying that Google's doing so is discriminatory, a legal filing seen by Reuters showed.
 
WinZO's app offers real-money games in those categories but also in many others that Google still will not accept, such as carrom, puzzles and car racing, and will therefore not be eligible to benefit from the newly adopted Google policy.
 
In its lawsuit filed at the Delhi High Court, WinZO said it had contacted Google on September 10 to contest the updated policy, saying it was "unfair".
WinZO had got no response, forcing it to seek court relief, stated the company's filing, which described Google's decision as one that "amounts to unfair trade practice."
 
It further argued that "all games of skill enjoy constitutional protection."
India's WinZO sues Google to stop new gaming policy, calls it discriminatory, The Hindu

India, you decide if carrom is gambling.

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