As part of the Bill for a Digital Republic and before its consideration by the Senate next April, Messrs. Durain (senator from Saône-et-Loire) and Salles (deputy for Alpes Maritimes) submitted on March 24, 2016 a progress report from their mission on the competitive practice of video games (eSport) to the Secretary of State for Digital, Mrs. Axelle Lemaire.
According to the Ministry of Economy, e-sport, video game competitions, "today drains some 850000 practitioners in France".
Esport, "No legislative upheaval but an adaptation of the existing legal framework»
Legal status for esports competitions
Proposal n ° 1 : Exempt video game competitions from the general principle of prohibiting lotteries : limit this exemption to the case of physical competitions, when the registration fees requested are limited to a participation in the organization costs and do not correspond to bets; subject the organizers to proportionate reporting obligations.
Esport and supervision of minors
Proposal n ° 2: Make the participation of minors in competitions conditional on parental authorization, duly informed by the PEGI classification of the game used. Also condition their presence as a spectator to parental authorization, when they do not exceed the age required by the PEGI classification.
Proposal n ° 3: Submit the competition gains of minors to a deposit obligation at the Caisse des Dépôts, as is practiced for example for minors of 16 years working in modeling, sport or as an actor.
The role of the CSA in matters of Esport
Proposal n ° 4: Allow the CSA to deliberate to define the conditions under which the broadcasting of a video game competition does not constitute hidden advertising : this deliberation must in particular eliminate the risk that the mention of the video game used as a medium or the appearance of sponsors of the competition or of teams participating in it on the screen may be qualified as hidden advertising.
Proposal n ° 5: Explicitly distinguish, through a CSA position, the PEGI classification of video games, and the classification of images taken from competitions using them as a support : this distinction will allow the broadcasting of video game competitions that do not contain shocking images at prime viewing times.
Esport and securing the status of competitive players
Proposal n ° 6: Authorize the conclusion of specific fixed-term contracts for professional e-athletes : this will involve making applicable by law the contract provided for in Articles L. 222-2 to L. 222-6 of the Sports Code in the case of professional e-sport.
Proposal n ° 7: Set up an adapted visa policy for professional e-athletes : do not oppose the local job market when recruiting foreign e-sportsmen, and provide for the possibility of issuing “talent passports” to the most renowned players wishing to practice from France.
Towards an e-sport federation? ...
Proposal n ° 8: Entrust a specialized CNOSF commission with the task of regulating and developing e-sport : the law for a digital republic could provide for successive delegations of powers to this commission, to eventually allow its transformation into a real delegated federation.
Tax clarification regarding esports competitions
Proposal n ° 9: Clarify, by means of a tax instruction, the status of earnings and fees obtained during participation in competitions.
Proposal n ° 10: Adopt a reduced rate of VAT at 5,5% for entrance fees for spectators of competitions.
Proposal n ° 11: Specify the taxation applicable to "donations" to companies : conditions of application of VAT and free transfer rights.
On the same theme, see the following articles:
[09.10.2017]
