FROM GAMING TO SPORT: ESTABLISHING A LEGAL AND ETHICAL FRAMEWORK FOR E-SPORTS IN INDIA

The rapid expansion of eSports, driven by emerging technologies such as artificial intelligence, blockchain, big data analytics, and immersive digital platforms, has transformed competitive gaming into a global industry. However, the legal framework governing eSports remains fragmented and underdeveloped, particularly in emerging jurisdictions like India. Unlike traditional sports, eSports is largely controlled by private game publishers and tournament organizers, leading to concerns regarding regulatory transparency, contractual fairness, data protection, competitive integrity, and dispute resolution. This paper proposes the introduction of a comprehensive legal framework specifically tailored to eSports governance. Unlike South Korea and France, which have adopted structured statutory frameworks for e-sports, and the United States, which relies largely on private governance, It recommends statutory recognition of eSports as a distinct sporting activity, establishment of an independent regulatory authority, mandatory arbitration mechanisms for dispute resolution, standardized player contract protections, certified anti-cheating systems, Doping and strict data privacy compliance. Additionally, it highlights the need for ethical AI regulation, betting controls, consumer safeguards, and cross-border enforcement mechanisms. Any regulatory framework must address legislative competence under Article 246 and the Seventh Schedule, which allocate powers between the Union and the States. In the absence of a specific constitutional entry on e-sports, regulation must be grounded within permissible Union domains while respecting India's federal structure. By integrating principles of sports law, technology law, labour law, and arbitration, the proposed reforms aim to ensure fairness, integrity, accountability, and sustainable growth within the eSports ecosystem. A structured legal approach will not only protect players and stakeholders but also enhance India's position in the rapidly evolving global digital sports economy.