The BMFSFJ had raised objections regarding the recognition of the non-profit status of eSports. Both game Managing Director Felix Falk and Family Minister Lisa Paus took a clear stance against these concerns
eSports should become non-profit. This political promise has been around for six years now. It has been rehashed time and again, but nothing has happened to date.
In response to a request from GamesMarkt, the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ) commented on this topic. This brings new impetus to the topic, but not in the direction that many would like to see
Shooters and loot boxes at the center of objections
Because the BMFSFJ takes a critical view of some eSports-related titles. These include shooters – with regard to the realistic depiction of killing – as well as games such as EA SPORTS FC 24, where the online gambling mechanics are at issue. A spokesperson for the BMFSFJ explained to GamesMarkt: “In order for an activity to be recognized as charitable, it must promote the general public in accordance with Section 52 (1) sentences 1 and 2 of the German Fiscal Code (AO). This principle of promoting the general public has a restrictive effect in the case of eSports according to the assessment of all departments concerned. “
Specifically, this means that “games in which the killing of people is realistically simulated are not compatible with the principle of promoting the general public. Nor is the playing of online games of chance compatible with this principle.” The same applies to titles in which the use of real money “provides competitive advantages over and above the purchase of the game”. For the question of the promotion of the general public, “the provisions of the Youth Protection Act, in particular Section 10a and Section 10b JuSchG, are particularly relevant”.
Falk: Objections “contradict the coalition agreement “
Felix Falk, Managing Director of game e.V., the association of the German games industry, has already commented on these concerns. For him, the objections come as a surprise. “They contradict the coalition agreement and the many statements from all parties. Above all, however, they blatantly misjudge the characteristics of eSports: it’s about fair play, competition and motivation,” explained Falk.
He emphasized that “eSports and its community convey important social values”. Rules for the protection of minors would “always be binding” and had “only just been updated with the new law”. In conclusion, the 44-year-old demanded: “Instead of damaging the trust of millions of players with outdated blanket judgments, the coalition should now finally keep its promises in the annual tax law. “
Falk was not the only one to respond to the BMFSFJ’s objections – Federal Minister for Family Affairs Lisa Paus also had her say. She told GamesMarkt: “eSports is a sport, and one that is growing in popularity. In the coalition agreement, we committed to making eSports a non-profit activity. We are working on this. This also includes examining all legal framework conditions, including those relating to the protection of minors and media literacy. In this way, we can create clarity for everyone and pave the way for new approaches in sports and youth clubs.”
The last positive signal from politicians to date came at gamescom 2023, when FDP Secretary General Bijan Djir-Sarai declared at Debatt(l)e Royale that the vote could be technically implemented by the end of last year. However, nothing has happened
