State of play: eSports and UK law

The advent of services such as Microsoft’s Xbox Live and Sony’s PlayStation Network have turned what was once a largely solitary pursuit into a highly social experience. The biggest games in the industry are online, competitive, multiplayer games. Streams and broadcasts of the top players of these games competing with one another for prize pools sometimes reaching tens of millions of pounds, garner massive global audiences.

While the UK government frequently extols the virtues of its gaming sector and expresses its willingness to support it, a noticeable gap persists in the legal and regulatory framework regarding competitive gaming.

A significant source of contention revolves around the classification of eSports as a form of sport. In contrast to traditional sports, the UK’s immigration system does not recognise professional competitive video gaming as a sport. Furthermore, some immigration categories mandate the presence of an overarching regulatory body, like the Football Association or the Rugby Football Union, to endorse individuals and organisations within their respective sectors. Currently, eSports in the UK lacks a centralised regulatory authority, though a handful of potential candidates already exist that could potentially fill this role.

Although most eSports competitions take place online, the finals of many of the industry’s larger tournaments typically take the form of in-person tournaments, often held at arenas or other spectator-friendly venues. These real-world tournaments were once referred to as “LANs”, though that term seems to be moving out of vogue in recent times. UK immigration laws can present hurdles to gamers seeking entry to the UK to compete in these tournaments or join an eSports team based in the UK.

Despite its rapid growth, the eSports industry remains largely unregulated, a striking contrast to the stringent regulations governing conventional sports. Even major eSports tournaments like the FIFAe World Cup face relatively little regulatory oversight in comparison to their traditional counterparts, despite the substantial commercial interests at stake. The lack of regulation in the industry has given rise to concerns regarding match manipulation, betting fraud, and broader issues related to child protection, anti-corruption, and even anti-doping.

Until recently, the eSports industry has primarily relied on self-regulation. However, some positive steps have been taken in the UK over the past few years. In 2016, the British eSports Association (BESA) was established. Its mission is to promote eSports in the UK, increase awareness for eSports, improve standards, and inspire future talents. However, the BESA is not a governing body and, as such, has no intention of taking part in the regulation of the industry.

The closest thing to an industry leader on regulation currently in the space is the eSports Integrity Coalition (ESIC). ESIC comprises several of the industry’s key stakeholders, including tournament operators, gambling commissions, data analysts, and national federations. ESIC states that its mission is “to be the recognised guardian of the integrity of esports and to take responsibility for disruption, prevention, investigation and prosecution of all forms of cheating, including, but not limited to, match manipulation and doping.”. ESIC represents a positive development, offering its members guidance, codes of ethics, and access to disciplinary procedures (amongst other aspects). However, there still, for now, is no overarching regulating body for eSports either globally or in the UK specifically.

Amidst the exhilarating and fast-paced gaming environment, a host of legal and regulatory challenges have emerged that have yet to be adequately addressed by the law and regulatory bodies. As the eSports industry eagerly awaits an authoritative regulator, it is essential for the government to consider updating UK laws, particularly those concerning immigration, to better accommodate this burgeoning sector.

Contact our expert sports law solicitors today.

SO Legal’s sports law experience ranges from advising on player contracts and disciplinary hearings to structuring sponsorship agreements and complex financing arrangements for clubs looking to raise funds. We pride ourselves on being at the bleeding edge of tech developments, meaning our sports law experience can serve eSports competitors, teams, and organisations alike.

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