The Constitutional Landscape and Future Trajectory of E-sports in India
June 21, 2023
Introduction: In the 21st century, the surge of modern technology has given rise to rapid growth in the realm of e-sports. This unique form of competition played on computers, mobile phones, and other digital platforms, has gained significant traction globally. In India, recent governmental recognition and integration with mainstream sports disciplines have propelled e-sports into a new era.
E-sports Market Growth in India: The Indian market for e-sports is expanding at an unprecedented rate compared to the global landscape. Projections indicate that by 2025, the number of players is anticipated to reach 1.5 million, forming 250,000 teams. The cash prize pool in India is set to experience a remarkable Compound Annual Growth Rate (CAGR) of 66%, reaching an estimated Rs. 100 crore (US$ 13.47 million) during the same period.
Constitutionality of E-sports in India: Recent amendments to the Government of India (Allocation of Business) Rules, 2022, mark a significant milestone in the legal recognition of e-sports. The government has made a clear distinction between e-sports and online gaming, classifying e-sports as a ‘multisport event’ under the Ministry of Youth Affairs. However, the classification poses challenges due to the accessibility and technology-driven nature of e-sports. A proposal to include e-sports in the concurrent list (List 3) could enable both state and central governments to legislate, facilitating better regulation.
Data Privacy and E-sports: The ban on 182 Chinese websites in 2021, including the popular game PUBG, highlighted the importance of data privacy. E-sports, being heavily reliant on technology, demands a nuanced approach to data protection. Violations under Section 66-E of the Information Technology Act 2000 and Section 72-A, of disclosure of information in breach of lawful contracts, are relevant. As the e-sports landscape evolves, legislative clarification is necessary to address issues such as cyberattacks, data breaches, and third-party liability.
Conclusion: As the e-sports market continues to flourish in India, companies must navigate legal complexities to ensure sustainable growth. The official recognition of e-sports as a sport underscores its importance, necessitating compliance with laws, especially the Information Technology Act 2000. Striking a balance between technological advancements, constitutional considerations, and data privacy will be crucial for the long-term success of e-sports in India.