Shot put and pole vault now rub shoulders at the Olympic Games with sport climbing and breaking, introduced at the Tokyo and Paris Games respectively. The International Olympic Committee’s (IOC) constant efforts to reconcile Olympic traditions with the recognition of contemporary forms of sport led it to take an even bolder decision this summer: the creation of the Olympic Esports Games.
This event, which is distinct from the traditional Olympic Games and will take place in Saudi Arabia from 2025 to 2037, opens the Olympic doors to a host of new competitive disciplines, most of which are still unknown to the public.
We are three experts in video game law, and we’d like to help you decipher the implications of this IOC decision.
Esports: a multi-faceted category
Esports can be described as “competitive video gaming where skill and professionalism is celebrated.” This practice includes a very wide variety of games such as MOBAs (multiplayer online battle arena) like League of Legends in which two teams of five players battle it out in a virtual arena; or first-person shooters like Valorant, CSGO, and Fortnite.
Esports also include the virtual practice of traditional sports such as basketball, hockey and soccer, with games like the FIFA franchise published by Electronic Arts.
Are esports sports in their own right?
Esports are not universally accepted. Some critics even go as far as to make the provocative argument that esports should not be labelled as sports. On the other hand, we would argue that esports are not activities based on the display of physical skills and abilities in the same way as traditional sports. Therefore, it is unnecessary to compare esports and traditional sports from the perspective of the level of physicality required for athletes practicing each respective discipline.
After all, not all traditional sports, especially among those recognized by the IOC, require comparable levels of physical commitment.
Shooting is a good example of this. Not to mention the fact that the IOC also recognizes other activities (although they are not included in the official program) which, in principle, do not involve a significant physical dimension. Just think of chess or, more surprisingly, bridge!
In fact, esports belong to that category of sports where strategy and dexterity dominate. However, this does not mean that no physical commitment is required. Adequate preparation and physical qualities are indeed necessary.
These days, a professional athlete and a professional esports player both dedicate countless hours to training or strategizing in order to be at the top of their game.
The history of esports at the Olympic Games
Esports first entered IOC-organized events through the back door, via showcases such as the one organized by the International eGames Committee in the British team pavilion at the 2016 Rio Olympics.
Nevertheless, it wasn’t until the 2018 Winter Olympics in PyeongChang that the first electronic event displaying the Olympic emblem was organized: the Intel Esports Masters. At this event, players competed in the game Starcraft II.
In 2021, the IOC took the next step by creating the Olympic Virtual Series. This competition consisted of simulations of sports featured on the Olympic Games program. Finally, at the Hangzhou 2023 Asian Games (China), medals were awarded for seven esports titles featured at the event. These included extremely popular games such as League of Legends.
Private entities versus sports federations
For esports to be officially recognized as an Olympic discipline, the IOC must overcome a major obstacle: under the Olympic Charter, the IOC can only recognize a sport if it is governed by an international federation.
In contrast to traditional sports (which belong to no one), competitive video games are the exclusive property of the companies who own the intellectual property rights. As such, they have the right to dictate the terms by which their games are used.
A company operating a game could therefore refuse its integration in the Olympic Games program. The IOC is thus faced with potentially tricky negotiations.
Which video games to choose?
The abundance of games available in the world of esports also presents a challenge for their integration into the Olympic Games. Unlike traditional sports, which are based on a relatively small set of disciplines, esports encompass a multitude of titles from a wide range of different genres and platforms.
It’s not an easy task to determine which games should be selected, especially as each game has its own dedicated community of players and its own competitive ecosystem.
The popularity and lifespan of video games is also a challenge, as its very volatile and can result in the disappearance of a game from the competitive scene. For example, the 2018 Asian Games included six games. Only two of these made a comeback at the 2022 Asian Games, while five new ones were added to the program. While not being a major problem, this aspect of esports must be taken into consideration in deciding which game to include in the Olympic program.
Violence in video games
A more serious challenge concerns the violent content of certain video games, which would not be compatible with Olympic values. This is particularly true of first-person shooters.
So called “killer games” which promote violence or discrimination cannot be brought into accordance with the “Olympic values” and therefore should not be recognized by the Olympics, declared in this regard, IOC President Thomas Bach.
It is thus quite likely that certain games will struggle to make it into the Olympic Games program. Yet the issue is nevertheless worth discussing, given that some of the sports currently on the Olympic program — such as boxing — are in fact quite violent.
A new era for the Olympic Games
The IOC has launched a minor revolution with the creation of the esports games. It has also given itself the means to broaden and diversify its audience, with new markets and new sources of revenue (broadcasting rights, in particular).
For the esports industry, this inclusion is likely to stimulate investment from new sponsors and offer new competitive opportunities for professional players and teams. It will also undoubtedly contribute to the normalization of video games as a competitive practice in their own right.
It’s a fine revenge for a medium that hasn’t always received good press.
