Legal Problems on E-Sport Player Contracts

Abstract

This research aims to achieve the following objectives: 1) to study the history of electronic sports (thereinafter ‘E-sports’) and employment contract of E-sport athletes 2) to study legal frameworks, concepts, and definitions relating to rights and welfares of E-sport athletes in international level as compared to Thailand 3) to study categorization difficulties of legal interpretation in the employment contract of E-sport athletes in Thailand whether it should be the hire of service or hire of work contract 4) to study and suggest interpretation guideline including suggestions on E-sport athletes welfares with a standardized contract by international standard. This is qualitative research relying on textbooks, articles, and the internet both domestic and international. The result of research indicates that E-sports are hugely popular in Thailand, although they are unmonitored by any special legal and regulatory frameworks to control and to provide welfares to E-sport athletes including the employment contract of the athletes. This resulted in the following legal problems: 1) Problems interpreting whether an E-sports athlete contract is a labor contract under Thai law or not. 2) Thailand has a law governing unfair contract terms, ie the Unfair Contract Terms Act B.E. 2540 (1997) Remedies by the court modifying the contents of the contract to be fair only when the case is brought to court. 3) Although in a court judgment, the court may view the E-sports contract as a labor contract and is covered by the labor law. But the decision in the above guidelines is the discretion of the court in each case. Therefore, there is undeniable uncertainty. 4) Although the Professional Athletes Promotion Act B.E. 2556 (2013) has several measures to protect athletes. But E-sports has not yet been designated as a sport to be covered by the Act.