Much has been said recently about the question of the non-profit status of eSports. According to a media report, the Ministry of Finance is now “confident” – albeit with a generous timeframe
When will eSports finally become non-profit? This is a question that not only the German industry association game e.V. and local clubs have been asking for years – but also many gamers. A quick answer seems to have become more difficult again.
This is because the debate has recently taken on a new dimension: Instead of the fundamental question, the focus has shifted to the question of exclusion, which was raised by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ). According to this, eSports must be viewed in a differentiated manner. The BMFSFJ is particularly critical of shooters, but also of titles with online gambling mechanisms and pay-to-win aspects. Family Minister Lisa Paus, on the other hand, said “eSports is sport” and countered the objections.
Another responsible ministry has now commented to the trade magazine GamesWirtschaft. The Ministry of Finance, led by Christian Lindner, takes a much more relaxed view of the exclusion criteria for eSports disciplines than the BMFSFJ. “In any case, online gambling games such as roulette or blackjack as well as media harmful to minors in accordance with sections 15 and 18 of the German Youth Protection Act are not charitable”. In other words: video games that are indexed in this country. However, this does not apply to any relevant eSports titles
“Still in this legislative period “
According to GamesWirtschaft, the Ministry of Finance apparently does not see any restrictions regarding online gambling mechanisms that do not require a license or pay-to-win factors such as in EA SPORTS FC 24. In organized associations, eSports must aim to “selflessly promote the general public in material, spiritual or moral terms”. This is defined in more detail “according to the established case law of the Federal Fiscal Court, essentially by the objective value system, as expressed in particular in the catalog of fundamental rights in Articles 1 to 19 of the German Basic Law”.
There seems to be disagreement between the ministries regarding the criteria. Only in the case of licensed online gambling do family and finance currently seem to have reached a common denominator. The details are now being “discussed between the respective ministries”. Despite all the unresolved issues, the Ministry of Finance is “confident that the non-profit status of eSports will be implemented in this legislative period”. The deadline would therefore be the next federal elections in the fall of 2025.
However, it is well known that politicians do not adhere too strictly to the timeframes they set themselves. FDP Secretary General Bijan Djir-Sarai announced at Debatt(l)e Royale at gamescom 2023 that the vote on the non-profit status of eSports should be technically implemented by the end of the year. As is so often the case with this topic, nothing has happened
