New challenges: E-sports as sport or as gimmick?

Article • Gaming & Entertainment

E-sports, i.e. competitive video and computer games, have long ceased to be a marginal phenomenon in Austria. Nevertheless, e-sports are still in a legal gray area. But the wait for clear legal regulations may be over: The Sports Committee in the National Council has taken on the task of creating a legal framework for e-sports.

E-sports have enormous social and economic potential. This popularity is reflected not only in high viewer numbers, but also in prize money in the millions for professional competitions and, in the A1 eSports League Austria, a professional e-sports federal league in Austria. In its government program, the Turquoise-Green coalition has set itself the goal of developing a legal framework for e-sports. In particular, this relates to public benefit and the question of whether e-sports qualify as a sport.

First step toward legal certainty for e-sports

In e-sports, professional e-sports players compete digitally, training for several hours every day and demonstrating their competitive skills in e-sports tournaments. E-sports therefore have a lot in common with classic sports. In many countries, e-sports are already accepted as an official sport. In Austria, however, clear legal regulations are still lacking. As a first step, the Sports Committee decided unanimously at the end of November to set up a working group to clarify the legal and political issues surrounding e-sports – such as the official recognition of e-sports as a sport – in an in-depth exchange with e-sports interest groups. The legal certainty (as well as the associated financial and tax advantages) resulting from recognition as a sport or equalization with other sports would further boost the phenomenon of e-sports. With this in mind, the establishment of the working group, which has now been decided, is to be welcomed as a first step in the right direction.

Do you have any questions? BT’s team of experts will be happy to advise you on the legal challenges surrounding e-sports. With our international expertise in regulatory consulting on gaming, betting & entertainment, we are your contact.