Given that anybody may access the internet for free, such streaming cannot be limited to a country’s borders, making it difficult to regulate it internationally. A legislative basis governing the eSports business is urgently needed given the increase in eSports viewership and the facilitation of many channels for game streamers, which influence the general public.
Legal Challenges
eSports Being Classified as Sports
The sports industry in India is mainly unstructured and uncontrolled. Sports in the nation are not currently regulated or governed by any laws, either at the state or national level. A major goal of the 2011 National Sports Development Code of India is to consolidate the various directives and notifications that the Ministry of Youth Affairs and Sports has issued to govern the various National Sports Federations in the nation. However, there is currently no legal framework in place to oversee the nation’s sports industry.
Lack of Laws Governing Gambling, Match-Fixing, etc.
According to the Oxford Dictionary, “betting” is the act of putting money at risk on an event’s uncertain outcome. The societal stigma of vices like fraud, unethical behaviour, and deceitful methods like “match fixing,” which entails predetermining the result of any sporting event in order to manipulate the results and go against the spirit of the game, has always accompanied gambling.
The Law Commission of India was tasked by the Supreme Court in July 2017 to review the issue of legalizing gambling in India in the case of Board of Cricket Control in India v. Cricket Association of Bihar and Others. On July 5, 2018, the Commission released its report, “Legal Framework: Gambling and Sports Betting, Including in Cricket in India,” in which it made a number of recommendations and provided guidelines for regularizing betting.
Lack of a Legally Required Regulating Body
The Government of India established the Ministry of Youth Affairs and Sports (MYAS) with the goal of developing the necessary infrastructure, encouraging capacity building, and achieving excellence in a variety of competitive activities at the national and international levels. MYAS and the Sports Authority of India have been tasked by the National Development Sports Code, 2011, to manage and recognize several national sports federations (NSFs) for the growth of various sports disciplines in the nation.
Several new organizations that have been focusing on eSports promotion include the Electronic Sports Federation of India (ESFI) and the eSports Development Association of India (EDAI). However, the MYAS has not yet designated any such group as a “Federation.”
The major goal of the International Esports Federation, which has 104 member countries, is to promote eSports internationally. Despite having many member countries, it does not have the representational character needed to advance this business.
“Get more sports news, cricket news, and football updates, log on to sportsdigest.in. Follow us on Facebook or Twitter and Subscribe to our YouTube Channel.”
