Is eSport legally a sport?

eSport is constantly developing: numerous competitions, both national and international, are regularly created. Many investors therefore want to capitalize on this new phenomenon. However, due in particular to its exponential development, the status of eSport remains unclear: is eSport legally considered to be a sport? In order to answer this question, attention should be paid to:

• The legal definition of sport
• the gradual recognition of eSport as a sport

The legal definition of sport

The Sports Code does not provide a legal definition of sport. In addition, sports activities subject to the Sports Code are not listed. It is only in article L. 100-1 of this code that we find the only reference to physical and sporting activities:” physical and sports activities are an important part of education, culture, integration and social life. In particular, they contribute to the fight against school failure and to the reduction of social and cultural inequalities, as well as to health. etc.” From a Community point of view, Article 2 of the European Sports Charter defines sport as:” any form of physical activity that, through casual or organized participation, aims to develop physical health and mental well-being, to establish social relationships or to obtain results in competitions at various levels”. The Council of State then clarified the concept based on several indicators:

• the search for physical performance, physical character being defined by the Court of Cassation as the mobilization of” bodily, psychological, affective and emotional resources” (Cass. Crim. March 20, 2001, No. 00-83286)
• the existence of sports regulations allowing the regular organization of competitions.

Thus, on the basis of these criteria, disciplines, such as paintball or bridge, were refused approval by the Ministry of Sports, and this refusal was confirmed by the Council of State on the grounds that these activities were practised mainly as leisure activities. In fact, the Council decided that paintball was not aimed at” necessarily for athletes who seek physical performance during competitions organized on a regular basis on the basis of well-defined rules ” (EC 13 April 2005, no. 258190) and that the bridge was not working” In search of physical performance ” (EC 26 July 2006, no. 285529).

The gradual recognition of eSport as a sport

To date, eSport is not yet truly recognized as a sport, in the legal sense of the term. However, the trend is towards recognition that would appear legitimate insofar as:

• On the one hand, eSport seems to meet the criteria set by the Council of State
• on the other hand, supervision is necessary in view of its numerous challenges

As for the criteria, the criteria inherent in the organization of regular competitions are undoubtedly met (E-Football League, Electronic Sports World Convention, Red Bull Kumite, Dreamhack Tours etc.) As for the criterion for seeking sports performance, in view of the duration of competitions, competition and the physical resources necessary to obtain a title (endurance, concentration, speed of execution, etc.), it can probably be considered that it is fulfilled. A framework for eSport is, in addition, necessary in view of the following issues in particular:

• The security of sports events by applying the protective provisions of the Sports Code (Cf. in particular Article L. 332-1 of the Sports Code)
• Economic challenges, which are constantly increasing insofar as the development of media coverage leads to the development of financialization: competitions are the subject of audiovisual broadcasts that raise the question of exploitation rights (articles L. 331-1 and following of the Sports Code)
• The risk of hidden advertising
• The online betting offer
• The application of the protective provisions of the Sports Code with regard to the transfer of players (Cf. articles L. 222-7 and following of the Sports Code)

As a result, although legislative or even regulatory recognition is necessary, it seems that eSport is, as of now, in a position to be legally considered a sport. In any event, it is a necessity in view of the numerous challenges mentioned above.

Source: Lesechos.fr [/column]