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Madras High Court Upholds Nighttime Ban and Mandatory KYC for Online Real Money Gaming

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  By Abhishek Jat, Advocate Background The Madras High Court recently delivered a landmark judgment affirming the constitutional validity of the Tamil Nadu Prohibition of Online Gaming and Regulation of Online Games Act, 2022, and the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025. The impugned regulations introduced a ban on online real money gaming during nighttime hours (midnight to 5 AM) and mandated Aadhaar-based Know Your Customer (KYC) verification for all participants. Key Issues and Arguments Petitioners' Contentions: The petitioners, comprising major online gaming companies and player associations, challenged the legislative competence of the state to regulate online games of skill and contended that the restrictions infringed upon their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution. They argued that the mandatory KYC requirement and the nighttime ban violated the right to privacy as recognized in Justice K.S. Puttaswa...