In Whose Court? Legal and Regulatory Challenges in India’s E-Sports Governance

Shreyash Attri

The International Esports Federation (IESF) provides a comprehensive foundation through its Code of Ethics^[1], Code of Conduct^[2], and Statutes. Central to these are integrity, fair play, inclusivity and transparency in the field of Esports. These codes act as guidelines to prohibit cheating, harassment and exploitation, while mandating professionalism, respect for diversity, and safeguards for player well-being.

While the IESF’s Global Code provides for a solid foundation for Indian e-sport governance, the Code, in its original form, may not suffice without adequate modifications. Among other aspects, the Indian Esports Code must consider:

• Ring-fencing e-sports from other forms of online gaming. In view of the blanket ban (and serious penal consequences) on online money gaming under the newly enacted gaming act, (The Promotion & Regulation of Online Gaming Act, 2025), esports must be legally insulated from being misclassified as online money gaming. This would also reduce the likely mischief at the hand of Authorities who may not objectively differentiate between an e-sport and an online game / online money game.

  
  

• Preserving the federal balance. Since ‘sports’ is placed in the Concurrent List of the Seventh Schedule, both the Union and the States have the competence to enact laws in this domain. Accordingly, any national framework must be designed to operate harmoniously with existing and potential State legislations. Since e-sports/ digital sports and online gaming are governed by different ministries viz. Sports Ministry and MeITY, it may create issues in absence of any coordination mechanism between these ministries.

  
  

• Establish a Centralised Body for licensing and management of e-sports in India. It is interest to note that Section 2(c ) of OMGA attempts to grant e-sports status to an online game, duly recognised by an Authority created under the NSGA. However, the Act does not mandate establishment of any authority, either at a National or at regional level, specifically for e-sports. This omission (or oversight) is bound to cause ambiguities, corruption in the form of forum shopping, multiple licensing et al. In absence of an objective, transparent and time-bound criteria for issuing license for e-sports, the Code risks degenerating into a breeding ground for regulatory uncertainty and corruption.

  
  

• Establish e-sports Tribunal and appellate authority under the Ministry of Youth Affairs and Sports, to deal with e-sports related disputes. Specialised and compulsory arbitration mechanism can be introduced to expeditiously resolve issues relating to integrity, unfair transfers or disqualification, technology, licensing and other such disputes, which are peculiar to e-sports.

^[1] International Esports Federation, Code of Ethics, at https://iesf.org/rules-regulations/.

^[2] International Esports Federation, Code of Ethics, at https://iesf.org/rules-regulations/.