Presentation
Long relegated to the realm of a geek minority, competitive video gaming, commonly known as esports, now seems to be enjoying genuine social recognition. Its economic development and the structuring of its activities, particularly its competitions, have largely contributed to its acceptance and democratization.
Competitive video gaming, also called esports, raises questions regarding its legal classification and integration into the legal framework of sports, as well as the resulting benefits.
France’s refusal to grant sporting status to video game competitions
As a reminder, following an interim report prepared by two members of parliament, Rudy Salles and Jérôme Durain, in March 2016, which aimed to propose regulations for esports, the legislature, through the Law for a Digital Republic, decided not to grant esports the status of a full-fledged sport.
Several reasons were put forward, notably the practice’s dependence on the controls of video game and console publishers, as well as the lack of a definition of esports and eligible games. For more information on the distinction between traditional sports and esports.
Find our legal article published in the Lexis Nexis CCE journal as well as our presentation.
Esports Regulations
As mentioned, two articles of law stemming from the LRN (National Regulations) currently constitute the only specific legislative framework for competitive video gaming. These articles primarily concern, on the one hand, the conditions for organizing a competition and, on the other hand, the specific status of esports players.
- For more information on the regulations governing video game competitions
- For more information on the status of esports players
While some regret this minimal recognition and advocate for better regulation of esports, a large number of stakeholders remain satisfied to still benefit from a degree of autonomy.vre contractuelle pour encadrer les rapports entre les différents acteurs de l’e-sport.
However, recent months have been marked by several government statements in favor of better regulation and structuring of esports practices.
The Secretary of State for Digital Affairs, Cédric O, has proposed encouraging adjustments to school schedules and creating a “France Esports” label to lend credibility to certain activities, practices, and events.
The government has also expressed its desire to “strengthen the attractiveness of our territory and ecosystem in the face of increased international competition.”
It aims to develop a strategy to promote esports in France, leveraging the momentum generated by the 2024 Olympic Games in France and France’s position as a major international esports hub.
Video game competition: The international approach to esports
A country with a long history in video games, South Korea recognized esports as early as the 2000s, creating KeSPA, an association that manages the funding and administration of the professional scene and defines the status of players and participants.
In early 2019, China, which had already recognized esports as a sporting discipline, granted esports players full professional status.
Recently, Sri Lanka also appears to have proposed a specific status for esports, and this recognition could encourage other countries in the region to participate in the sector’s development.
Given its often international participants and competitions, the sector’s development can only be envisioned with the support and in partnership with other existing entities and structures abroad, including federations, organizers, and publishers involved in the sector’s self-regulation.
International organizations such as the Esports Integrity Coalition, the International Esports Federation, and the World Esports Association are already promoting the unification of esports practices, allowing for the standardization of contractual practices among different stakeholders and offering arbitration mechanisms for their members.
