Right to privacy not absolute: HC backs night ban on gaming

The Madras high court on Tuesday upheld the constitutional validity of Tamil Nadu's online gaming regulations, which include Aadhaar-based verification, a midnight-to-5am gaming ban, and prohibition of minors from participating, dismissing petitions by gaming companies and ruling that the right to privacy is not absolute when weighed against public health concerns.

- Ayesha Arvind

BENGALURU:

A division bench of justices SM Subramaniam and K Rajasekar said the Tamil Nadu Online Gaming Authority (Real Money Games) Regulations, 2025, were reasonable restrictions aimed at curbing gaming addiction.

The ruling reinforces state authority to regulate online gaming and could set a precedent for other states grappling with potential addiction and negative social consequences with real money games.

The court held that the state was well within its legislative competence to enact the law in the interest of public health, public order, and regulation of trade and commerce.

"More often than not, the first right that is pleaded for in cases such as this is the right to privacy as upheld by the Supreme Court in Puttaswamy case (2017). But it must be essentially understood that the Puttaswamy case did not affirm the right to privacy as an absolute right," the bench said.