Guest Column: The Silly Point of cricket lies buried in legal catacombs
Betting and gambling are the most debated and used words by eminent panelists crying out loud against BCCI and officials without understanding the purview of the legality of these terms, says Ashish Kaul, Marketing & Brand Management Professional

March 2005 was not the usual tough year in my life; having to battle the likes of BCCI and ESPN in the high-ceiling court rooms of Bombay High court was sleep depriving to say the least. Being denied the rights despite making winning bids was a huge letdown. Far from these worries, I did have another battle deep within raring to tear me apart. The cricketing battles had brought back the memories of a cricketer in me who died in Kashmir alongside the mass exodus in the wake of terrorism. For days and weeks I wondered in disbelief at the state of the game which we used to swear by. Way back then, cricket was not just a game but a way of life for most of us, to the extent that our games reflected the characters we held.
It’s not a mere sport; rather a billion Indians manifesting their love for sports through the game. All hell breaks loose when something goes wrong. From fiery battles and statements in the court room to media trials on prime time almost every second night and one too many drawing room and tea time discussions. The BCCI and its former leader have been on a public trial facing the wrath of thousands across the country. Once again BCCI has hit the headlines for all wrong reasons. Srinivasan, IPL team owners and related stories are driving the TRPs of news channels. Not many know what lies at the heart of this controversy, the real deal behind these recurrent episodes and what really is allowing this kind of irregularity among managements in the sports fraternity
To begin, BCCI is an autonomous body, how many would know what that means? Registered under the Societies registration Act in Tamil Nadu in 1928, BCCI replaced the erstwhile Calcutta Cricket Club that was the first private club to play professional cricket in India. It’s a "private club consortium". The selected officials/Secretaries of these member clubs select the BCCI officials.
As per the verdict of the mighty courts in India, there is no official, nominated or even anointed Cricket Team of India but for a private club called BCCI. Any resident of India can have his private cricket team. Various courts have opined that BCCI is a state within a state and hence outside the general purview of Article 12 of the Indian Constitution. BCCI has its own constitution and laws.
In February 2005, The Supreme Court ( A five-judge Constitution Bench by a majority of 3:2) dismissed a writ petition filed by Zee Telefilms challenging the termination of contract awarded to it in 2004 ( under article 12 and 32 of Indian constitution); gave the following verdict :
o BCCI was an autonomous body discharging duties such as selection of an Indian cricket team, controlling the activities of the players and others involved in the game of cricket and could not be brought within the ambit of "other authorities" under Article 12 of the Constitution
o Supreme Court held that in cases involving violation of fundamental rights the petitioner has to establish as a pre-requisite that the Board is a State for invoking Article 32 and that unless this is done the petitioner cannot allege that the Board violates fundamental rights and therefore it is a State within Article 12.
o The bench had opined that it was true that the Union Government had been exercising ‘certain’ control over the activities of the Board in regard to organising cricket matches and travel of the Indian team abroad as also granting of permission to allow the foreign teams to come to India. But this control could not be construed as an administrative control.
o Justice Hegde was of the view that the activities of the Board could be said to be akin to public duties or State functions. If there was violation of any constitutional or statutory obligation or rights of other citizens, the aggrieved party might not have a relief by way of a petition under Article 32 of the Constitution but have a remedy under the ordinary course of law, the Bench said.
This and similar verdicts clearly differentiates the control of Indian law over the Indian state and then the ‘states with states” like BCCI. Unless members choose to take the body to court there is no law to the best of my knowledge to prosecute BCCI and then lock them away.
Now come to the billion dollar question, betting and cricket. Betting and gambling are the most debated and used words by eminent panelists crying out loud against BCCI and officials without understanding the purview of the legality of these terms. Let’s understand why all the hue and cry about gambling still cannot put BCCI behind the bars. The primary legislative document that makes gambling in India a ‘grey’ legality is the Public gambling act. This is an old law created during British rule. This 145 year old law makes operating a gambling house, assisting in the operation of a gambling house, visiting a gambling house (whether gambling or not), financing gambling and being in possession of gambling devices a crime. The penalty is a fine not exceeding 200 rupees or up to three months in prison. Further modifications paved way for legalizing betting and gambling in a manner of speaking and under the guise of “skilled games”.
The Public Gambling Act explicitly states “nothing in this Act shall apply to games of mere skill wherever played”. In 1996 the Supreme Court of India defined games of mere skill as; The competitions where success depends on substantial degree of skill are not “gambling” and despite there being an element of chance if a game is preponderantly a game of skill it would nevertheless be a game of “mere skill”
Furthermore, an early ruling came in 1957 where Horse Race Betting and in 1968 Rummy, commonly referred to as “Paplu” was included as a skilled game. Betting and gambling have two faces; chance and skill and in Cricket perspective which one would you seek to ban and how?
Not only this, The Central Lotteries (Regulation) Act of 1998 empowers State Governments to conduct lotteries but restricted to a maximum one per week. Some of the most prominent ones are Sikkim licensed PlayWin Lotto. States Have Authority to Make Gambling Laws, Drafted in 1949, the Constitution of India explicitly empowers States to legalise and make policies related to “gambling and betting”. 13 states have legalized lottery, and 2 states (Goa and Sikkim) have legalized many other forms of gambling, Delhi and Maharashtra have banned it.
My close association with ICL and Zee network has taught me to see things in a broader perspective. Countries across the world - including USA, China and Australia host sporting events, with not half as many hiccups; then what is it that allows for such scandals in this country? For instance, in the USA, unlike in India, the behavior of private corporations associated with public rights, exhibit a symbiotic relationship with the public. To simplify, when a private corporation or association uses a property in the public domain, it has to bear in mind the interest of the public. Once such a corporation or agency is endowed by the state with powers or functions governmental in nature, they become agencies or instrumentality of the State. The more such an agency or corporation opens up his property for use by the public in general for his advantage, more do his rights become circumscribed by the statutory and Constitutional rights of those who use it.
It’s high time then, to face some hard facts and tighten the loopholes in the Indian system. Unlike the U.S system, banning an organization like BCCI or even putting them behind the bars is currently not possible under current laws but yes we as people have the choice of not watching BCCI led cricket events.
Similarly, there is no way to stop people betting in cricket, if people want to bet they will. Wouldn’t it then be ideal to regulate betting to increase transparency like the internet regulation in the Middle East.
We in India just enjoy the rhetoric and never get down to taking tough decisions that are required to alter the course of destiny. The need of the hour is to revisit and reassess the present toothless laws and give them more legitimacy to prevent this recurrent cycle of cursing team managements, boards and players.
(Ashish Kaul is a marketing & brand management professional with 20 years’ experience in managing global brands. He was a member of the Zee team that scripted the first 20 – 20 cricket league. The views are strictly personal)
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Social Beat wins SEO mandate of Tata CLiQ tag rss
The account was won after a multi-agency pitch
e4m e4m Social Beat has won the SEO mandate for Tata CLiQ, one of the fastest-growing omnichannel marketplace in India. Social Beat has been entrusted with optimizing existing content, as well as launching new, optimized category pages systematically on Tata CLiQ’s platform to scale monthly organic traffic by 2x over the next year. The account was won after a multi-agency pitch and will be serviced by Social Beat’s offices in Mumbai.
Shishir Kataria, Director - Marketing, Tata CLiQ, “Shoppers, e-commerce or otherwise, continue to heavily rely on search and discovery throughout their shopping journey, be it engaging with the latest fashion trends or hunting for the best buys. No wonder a platform's ability to be a part of this journey organically drives significant consideration for it amongst potential shoppers. We, at Tata Cliq, are confident that Social Beat will help us develop and optimise content that is highly discoverable to grow our engagement and revenue. Our goal continues to be to drive more and more shoppers to our platform with optimised and curated products and relevant content.”
Vikas Chawla, Co-Founder, Social Beat said, “We are thrilled to partner with Tata CLiQ in their growth journey. We aim to scale traffic to the Tata CLiQ platform manyfold over the next year. Our team of specialised SEO and Content strategists will be working closely to achieve this”
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Will OOH dazzle this festive season?
As the celebrations begin, experts tell us the trends and challenges for the OOH sector this season
Be it the flower-clad taxis in Mumbai for Made in Heaven Season 2 promotion or Zomato’s ‘kheer mangoge kheer denge’ billboards, India's OOH advertising sector has undergone substantial transformation and expansion in the recent years. Even though the medium was severely hit during the pandemic years, it has now managed to rebuild its status. Now, with the onset of the festive season, elections and the cricket world cup, OOH is expected to see more and more advertisers come on board.
Amarjeet Hudda, Chief Operating Officer, Laqshya Media Group, believes most of the clients spend a lot of money during the festive season, especially for Durga Puja, Dussehra and Diwali, targeting their customers in a festive mood. The categories that spend heavily during these months are Auto, Consumer Durables, Real Estate, Organised retail, and E-commerce.
According to Dipankar Sanyal of Platinum Outdoor, there was a huge surge in the festive season last year, and he expects the same this year too. “Last four to five years have turbulent for outdoor. It was picking up in 2019, but then Covid came and everything went flat for two years,” he mentioned.
According to EY-FICCI’s M&E Report 2023, OOH media grew 86 percent in 2022 to Rs 37 billion. The value includes traditional, transit and digital media, but excludes untracked unorganised OOH media such as wall paintings, billboards, ambient media, storefronts, proxy advertising.
Sharing the brand’s perspective, Shivam Ranjan, Head of Marketing, Motorola-APAC, said, “We are going into this festive season with a strong mix of media, including OOH. Within OOH, we are focusing on digital OOH, due to its capability of programmatic serving, measurability, and near real-time insights that allow us to be agile with the communication and optimisation of our campaigns.”
With urbanisation, improved infrastructure, rising consumerism and an increased spending power, clients' expectations from OOH advertising too have evolved. “The clients expect better ROI on every investment, best in class innovations, tech-led planning and execution. Today, technology plays an important role starting from planning the campaign, to measuring metrics to ROI,” Singh explained.
Another trend that Sanyal has observed is that traditionally advertisers looked at spending on OOH nearly two weeks prior to the festivities, but now, most advertisers have now started advertising a week earlier so that they can get maximum eyeballs. Additionally, the digital OOH advertising (DOOH) has also emerged big. The digital OOH screens increased to around 100,000 and contributed eight percent of total segment revenues.
“Now with digital, there is more space for advertisers to come in one frame. Because of this, you can see it is getting more attractive. The innovations too are coming in at a much lower cost and creating a greater impact,” shared Sanyal.
The only challenge with the medium, according to Ranjan, is OOH being a fragmented industry with lack of measurability and agility. This becomes a serious issue for ROI-centric brands. However, the growth of DOOH, which is dynamic, agile and measurable, is giving marketers the confidence to invest in the medium backed by relevant data and outcomes.
Adding to this, Hudda highlighted that availability of good media spots is the biggest challenge in this season as media assets are limited and demand is very high. Due to the gap in the festive season, many clients are not able to fully optimise their campaigns. Rather sometimes, clients are even compelled to divert their budget which adversely impacts the industry, he shared.
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Banking on positive consumer sentiment: BFSI optimistic on doubling festive AdEx : Cache
Some categories within the sector, however, may spend more in the quarter that follows the festive season
The BFSI sector is expecting a surge in demand for loan during the festive season and is looking at increasing its ad spends to cash in on the celebration spirit. Industry leaders say they are hopeful of witnessing a good growth in the number of applications for auto loan, home loan, credit card and health insurance during October, November and December due to positive consumer sentiment this year. However, though most of the BFSI players are planning to double their advertising budget this time compared to the previous year, there are some who are not investing too heavily on marketing during the festivals as they plan to save the money for the fourth quarter.
According to Shailendra Singh, MD & CEO, BOB Financial, they witness incremental growth every year during the October-December quarter, and they anticipate an increase in consumer spending as well as new enrolments for cards this year too. “There remains a surge in customer demand for credit during the festive season,” said Singh.
Singh shared that the company is fully geared up for the launch of #FestiveShoppingRewards on all Bank of Baroda credit card variants under the theme ‘Reimagine Festivities’. They would kickstart festive offerings with the start of Navratri.
The festive season does not just see the demand for credit go up, but there is an increase in applications for health and motor insurance too during this time of the year.
Aabhinna Suresh Khare, Chief Digital & Marketing Officer, BajajCapital Ltd, shared that among insurance products, health insurance and motor insurance reign supreme during festivals. According to Khare, the demand for mutual funds and SIPs too sees a hike.
“Overall, the festive season presents an opportune moment to secure insurance coverage. A plethora of attractive products and services are on offer, with financial institutions extending special discounts and promotions to entice new customers,” said Khare.
The company launched #BlessMeGanesha campaign during Ganesh Chaturthi. “Our goal for this festive season is not only to provide financial solutions but also to create memorable experiences and deepen the connection with our customers,” said Khare.
Though all major sectors spend heavily on advertising during the festive season, within the BFSI sector, some categories spend more in the quarter that follows the festive season.
Explaining the trend, Samir Sethi, Head of Brand Marketing, Policybazaar.com, said that the festive season has varying impacts on the BFSI sector. In the banking sector, for instance, the demand for loans surges as many individuals purchase items and undertake home renovations. Conversely, in the insurance category, the festive season doesn't result in significant changes. Instead, the insurance industry experiences its peak season after the festive period, particularly during the fourth quarter of the financial year.
“As the festive season approaches, there is a noticeable increase in car sales though, leading to a surge in the demand for motor insurance. Consequently, we see a significant uptick in the requests for motor insurance policies. During the festive period, there is an upswing in demand for various categories, such as electronics. However, in the insurance sector, this period doesn't significantly affect us, so we don't run specific campaigns targeting festivals. Nevertheless, we do roll out multiple campaigns throughout the year, and some of them may coincide with the festive season,” said Sethi.
According to the TAM AdEx report on BFSI sector across media for H1, the advertising volume of the sector grew on TV, radio and digital, but declined in the print medium. The report indicated that ad impressions on digital saw 91% rise during Jan-Jun '23 over Jan-Jun’22. The increase was 32% for radio and 4% for TV. The ad space of the BFSI sector decreased by 7% in print.
Speaking on media mix, Singh shared that BOB Financial has a good mix of customer segments belonging to Tier I, II and III. So, understanding their needs and preferred form of media channels, the company will reach out to them through relevant media promotions. “For the easy discovery of our offers, we shall have a dedicated offers page with regular promotion of top offers on our social media and other digital channels,” said Singh. Without disclosing the figure, Singh shared that the company’s promotion budget has surely increased from last year and it will be visible through their multi-channel promotional activities.
According to the TAM report, in the BFSI sector, life insurance is the leading category on TV and radio whereas mutual funds is the top category on digital.
Khare highlighted that in recent times, Bajaj Capital has observed a significant growth in audiences on online platforms and the changing preferences of their clientele. “This observation led us to recalibrate our marketing approach, placing a heightened emphasis on digital avenues,” said Khare.
He further added, “Our promotional efforts are primarily digital-focused, accentuating areas like social media engagement, search engine outreach, content-driven marketing, and targeted online advertising. As we approach the festive season, we've fine-tuned our online approach. By harnessing the insights from data analytics, we aim to grasp our clients' needs and inclinations better, ensuring our content is both tailored and pertinent.”
Khare also mentioned that Baja Capital has doubled its advertising budget compared to the previous year.
“This increase in our ad spend signifies our confidence in the opportunities this festive season presents. This impressive surge in our budget allocation underscores our dedication to maximizing the potential of this festive season and driving significant expansion within our business. We firmly believe that this increased investment in advertising will not only elevate our brand presence but also lead to an exceptional uptick in customer engagement and sales.”
For Policybazaar.com, the media strategy primarily involves a blend of television and digital platforms, an approach that has remained consistent in recent years and is expected to continue in the foreseeable future.
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OMD appoints Dileep Raj Singh as Head of Digital for APAC
Singh will report to Charlotte Lee, CEO of OMD APAC
OMD has added a Head of Digital (HOD) to its Asia Pacific (APAC) regional leadership team with the hiring of Dileep Raj Singh.
Singh is a digital native and brings with him a wealth of experience across product, media agency and client side in APAC, North America and the United Kingdom. His last 10 years have been spent building diverse digital marketing teams covering areas like performance marketing, digital media planning, ad/martech, product marketing, branding and measurement.
As HOD, he will accelerate OMD’s digital leadership agenda, rooted in helping clients address their business challenges and digital ambitions. He will be supporting OMD’s local teams in APAC on operational excellence, and digital transformation frameworks and roadmaps; and the development and implementation of our digital leadership agenda. He will also be working hand in hand with both our regional and global networks to initiate complementary workstreams for our clients in APAC.
“We will continue to invest and win in digital as part of our wider goal to be our clients’ most trusted business transformation partner,” said Charlotte Lee, CEO of OMD APAC.
“It is our global ambition to continue our leadership position in digital, data and technology. In line with this ambition, we are excited to have Singh come on board the OMD APAC leadership team. His background of agency, in-house and start-up experience position him perfectly to understand and address our clients’ business needs,” added Lee.
“Digital media and access to our audience, as we know it, is changing quite rapidly around us. This puts most of us in a delicate but remarkable position, a position from which we can shape and contribute to conversations about the next evolution of digital media. As we embark on this journey, I want to leverage the strength of the OMD network – people, technology, data, tools and platforms – to help our clients pivot and navigate through all the new and evolved possibilities in digital media. With this, I aim to position OMD as an unrivaled partner for our current and future clients; to dominate and succeed in this incredibly competitive and multifarious digital realm,” said Singh.
Singh will report to Lee, and work closely with the team including Chief Strategy Officer (CSO), David McCallen, and Chief Client Officer (CCO), Sadhan Mishra, to drive and support APAC local markets as well as regional clients on digital, data and technology needs.
Mishra was promoted to CCO of OMD APAC recently in June 2023. He will continue to be CEO of OMD Singapore, a position he was promoted into last August. Mishra has been with OMD for over 13 years and in his concurrent new role as CCO, he will focus on key client relationships, understanding their business needs and ensuring we remain a critical partner on their transformation journeys.
McCallen was elevated to the role of CSO of OMD APAC in April 2022, and was previously the CSO of OMD New Zealand for five years where he helped the agency to attain the top place in the market for new business, overall billings and award wins. Since starting in the APAC role, his focus has been on connecting and elevating strategic best practices across the region, building capabilities across a range of strategic outputs, and supporting new business growth both regionally and locally.
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Chandrayaan 3: Brands over the Moon
Some of the best moment marketing posts on India's crucial lunar mission
The nation is in a celebratory mood with its moon mission Chandrayaan 3 making its smooth landing on the lunar surface on the evening of August 23, 2023. The Pragyan rover is in pursuit of discovering water on the moon and is a vital feat for India's ambitious space research.
To celebrate this momentous episode in Indian space research history, netizens have taken to the internet to express their excitement, hopes and fears for the nation's lunar mission. Joining them are brands who have crafted creatives to mark the historic occasion and capture the emotions of the nation who have their eyes set on the moon. Here is our pick of some of the best Chandrayaan 3-moment marketing posts.
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BCCI rakes in Rs 4670 cr in Women's Premier League team auction: Jay Shah 26 Jan
WPL has broken the inaugural auction record of Men's IPL in 2008, tweeted Shah
As expected, Wednesday turned out to be another historic day in Indian women's cricket with BCCI having a windfall gain of Rs 4,600 crores by auctioning five team franchises for the first season, a higher sum compared to what men’s IPL franchises offered to the cricket body during the launch in 2008.
Adani, IndiaWin Sports, Royal Challengers, GSW- GMR cricket and Capri Global have won the bid, BCCI secretary Jay Shah tweeted.
Shah shared in a series of tweets, “Today is a historic day in cricket as the bidding for teams of inaugural #WPL broke the records of the inaugural Men's IPL in 2008! Congratulations to the winners as we garnered Rs.4669.99 Cr in total bid.”
“This marks the beginning of a revolution in women's cricket and paves the way for a transformative journey ahead not only for our women cricketers but for the entire sports fraternity. The #WPL would bring necessary reforms in women's cricket and would ensure an all-encompassing ecosystem that benefits each and every stakeholder.”
“The @BCCI has named the league - Women's Premier League (WPL). Let the journey begin…”
The country's top corporates had bid aggressively for the league. Over 16 groups including IPL franchise owners, Adani group, Torrent and Haldiram were believed to be in the fray.
Given the popularity of IPL in India, the event is touted to be a big draw for all stakeholders involved.
The BCCI was reportedly expecting ₹4,000 crore gain through team auction.
It’s noteworthy that Viacom18 has won the Women's IPL media rights for Rs 951 crore for the next five years creating euphoria around the league whose first season will be held in March.
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