So, what caused eSports to grow so fast? Well, the main reason is because eSports is extremely accessible. YouTube, Twitch, and other online platforms can be used to broadcast live coverage for free, and fans are also able to interact with their favourite players without much hassle.
We do live in the era of the Smartphone. Their use has encouraged growth of the gaming industry dramatically as there are more games that are played on mobile devices than any other gaming platform. In many countries, there is now inexpensive internet and the availability of faster smartphones with enhanced gaming capabilities. These and many other reasons have greatly encouraged gaming globally.
eSports and game streaming have allowed the gaming industry to reel in new audiences particularly becoming a fun and reasonable pastime for gamers and non-gamers alike. Because of its accessibility, it draws in millions of viewers on a regular basis. This is what has now paved the way for professional gaming, competitive leagues and lucrative online competitions. Content is so diverse on these gaming platforms and that variation in content attracts new audiences while keeping existing ones very involved in the sport.
Of paramount importance is that video games are a vastly social activity. Video games allow players to connect and interact with other gamers universally. This communal feature has underwritten the growth of the industry as players seek ways to connect with others and build gaming communities. Some of these online interactions wholesomely lead to real friendships.
Realistically, laws and regulations have not been able to keep up with the booming world of eSports. Gambling, sports, prize promotion, betting, and advertising rules might apply to esports events but without understanding the critical aspects of gaming and especially competitive online gaming, it is impossible to address the legal needs of the community.
The role of the law must be to protect the athletes first and foremost. It is important to put their financial interests, physical, mental health and wellbeing first before tackling any other issue.
The law should focus on how to contract eSports athletes keeping in mind their realm isn’t physical rather intellectual. EULAs are not sufficient or nearly stringent enough to ensure fair competitive gaming practices when mods and other mechanisms of cheating are rampantly growing in tandem with the sport.
The law must investigate eSports programs, their accessibility, their memorandums and articles of association, and their relationship with athletes under their respective brands.
The law has to control the unstructured market in eSports and competitive gaming to ensure streamlined business activities globally. This will be a challenge because different jurisdictions will apply and interpret laws depending on their legal regimes. A harmonisation of laws in necessary. For instance, how to handle cybercrime and online risks when they occur could be interpreted very differently in Africa, Middle East and Asia region as it would in the USA where the laws follow completely different set of rules.
At Khalid Issa & Associates, we are gamers and we are heavily invested in the legislative processes behind the competitive gaming industry with a specific focus on eSports.