Practical Guide to Duty of Care in eSports Competitions

With the rapid development of the eSports industry in recent years, the legal responsibilities among stakeholders such as players, management organizations, and tournament organizers have become a critical issue.
Among these, the duty of care is particularly positioned as a significant legal obligation.

Basic Understanding of the Duty of Care

The “duty of care” refers to an ancillary obligation to protect the life, health, and other aspects of one or both parties from danger, within a special social relationship based on a certain legal relationship. The legal basis for this duty is found in the principle of good faith stipulated in Article 1, Paragraph 2 of the Japanese Civil Code. It has primarily been discussed in the context of employment contracts. In legal precedents, this concept has been established through cases such as a vehicle accident involving a member of the Japanese Self-Defense Forces (Supreme Court decision on February 25, 1975 (Showa 50), Minshu Vol. 29, No. 2, p. 143, Hanji No. 767, p. 11) and a murder incident during night duty at a company (Supreme Court decision on April 10, 1984 (Showa 59), Minshu Vol. 38, No. 6, p. 557, Hanji No. 1116, p. 33, Hanta No. 526, p. 117).

In response to the accumulation of these precedents, Article 5 of the Japanese Labor Contract Act explicitly states that “an employer shall give necessary consideration to ensure that a worker can work while securing the safety of their life and body, etc., in connection with the labor contract,” thereby codifying the duty of care. This duty is widely recognized not only in employment contracts but also in any special social relationship between parties.

Development of Duty of Care in the Sports Sector

In the sports world, there are numerous instances where the duty of care is questioned, particularly in the context of school educational activities and competitive events.
A specific legal case involves a lightning accident during a high school soccer tournament.
In this case, the foreseeability of the accident by the supervising teacher was acknowledged, and violations of the duty of care by the teacher, the school, and the foundation organizing the tournament were recognized (Heisei 18 [2006], March 13, Saibanshu Minji No. 219, p. 703, Hanji No. 1929, p. 41, Hanta No. 1208, p. 85).

Additionally, as an example of an accident during professional baseball games, there is a case involving an injury to a spectator caused by a foul ball.
The Sapporo High Court ruled that while spectators generally assume the risk of batted balls during regular baseball games, a higher duty of care is required for elementary school students and their guardians invited by the team as part of a promotional event (Sapporo High Court, Heisei 28 [2016], May 20, Hanji No. 2314, p. 40).

On the other hand, regarding a lightning accident at an outdoor music concert, the foreseeability by the organizing company was denied, and the reasonableness of the evacuation guidance measures was acknowledged, leading to the conclusion that there was no violation of the duty of care (Osaka District Court, Heisei 28 [2016], May 16, Court Website).

Specific Content and Practical Approaches to Duty of Care in Japanese eSports Organizations

The competitive nature of eSports demands a different content of duty of care compared to traditional sports. This is due to the necessity of addressing unique risk factors arising from the personalityistics of competitions utilizing digital technology. In particular, eSports organizations are required to adopt new forms of duty of care not seen in traditional sports organizations.

The scope of the duty of care that organizations must bear varies depending on the type of contract with the players. In the case of employment contracts with professional players, obligations arise based on the Japanese Labor Contract Act. For service contracts, obligations arise according to the contract’s content. Even for amateur players, it is considered that a certain duty of care arises based on the legal relationship established through player registration and other means.

Players engage in basic training and practical exercises at the facilities of the organization, and in team competitions, team practices and training camps are also conducted. In such environments, organizations have a duty to consider the safety and health maintenance of the players’ lives and bodies.

The personalityistic of competitions through digital devices may seem to pose low physical risks at first glance, but playing with prolonged screen focus and fixed postures creates unique health management challenges. Specifically, it is necessary to establish break times to prevent impacts on vision and physical exhaustion, ensure appropriate lighting and room temperature management, and provide mental care, including addiction prevention.

Responding to future technological advancements is also important. With the development of virtual reality (VR) technology, there is a possibility that eSports competitions involving physical movements will become widespread. In such cases, accident prevention measures similar to those in traditional sports will be necessary.

Specifically, measures to prevent falls when using VR equipment, prevent contact accidents with surroundings, and address eye strain and motion sickness from wearing VR goggles are considered. Additionally, in competitions using augmented reality (AR) technology, there is a possibility of movement in real space, so it is necessary to consider risks such as traffic accidents in outdoor competitions.

Furthermore, with the evolution of competition equipment, more advanced heat management and electromagnetic wave countermeasures may become necessary. Organizations are required to evaluate the risks brought by these new technologies in advance and take appropriate measures.

Ensuring Safety and Organizational Response in Relationships Among Players and Staff

Management organizations must also pay attention to interpersonal relationships within the team.
In the world of eSports, unlike traditional sports, communication often takes place online, which can lead to new forms of issues such as harassment and bullying through social media and other platforms.

To address these issues, management organizations are required to establish the following systems:
First, it is necessary to formulate and thoroughly disseminate online communication guidelines.
Next, it is important to clarify the reporting system and response process in the event of a problem and to inform players and staff.
Furthermore, by providing regular training and counseling opportunities, it is possible to prevent problems and detect them early.

There is a need to establish systems to prevent inappropriate guidance by players and staff.
In recent years, measures against sexual harassment and power harassment have been emphasized, and it is essential to build a consultation system for early detection and resolution.

Practical Considerations for Managing eSports Tournaments

Tournament organizers have a duty of care to ensure the safety of both participants and spectators.
Basic responsibilities include setting up gaming equipment and network environments, managing the health of players, safely guiding spectators and maintaining order, and effectively communicating appropriate precautions.
Additionally, organizers may need to monitor and respond to weather conditions and restrict entry to individuals exhibiting problematic behavior as necessary.

Particularly for outdoor tournaments, special considerations unique to eSports are required, such as measures to prevent equipment from overheating due to direct sunlight and ensuring the visibility of viewing screens.
By comprehensively implementing these measures, organizers can ensure the safe and smooth operation of the tournament.

Balancing Fair Competition and Safety Considerations

In the management of eSports tournaments, it is essential to balance the assurance of fair competition with the fulfillment of safety obligations.
For instance, when addressing equipment malfunctions, it is necessary to prepare alternative equipment that maintains an equal competitive environment for players while also considering safety aspects.
Additionally, when dealing with streaming delays or network disruptions, it is important to maintain fair competition progress while also taking into account the need to reduce stress for the players.

Measures Against New Infectious Diseases and Duty of Care

In recent years, the duty of care in eSports tournaments has evolved from the perspective of measures against infectious diseases.
It is essential to flexibly adapt to the situation by distinguishing between online and offline events and implementing infection control measures at venues.
Particularly important are the disinfection of shared equipment, ensuring appropriate distances between players, and maintaining proper ventilation systems.

Conclusion: Towards Building a Comprehensive Safety Consideration System

The duty of care in Japanese e-sports must be flexibly updated in response to the advancement of digital technology and changes in social conditions.
Organizing bodies are required not only to fulfill their legal obligations but also to establish a comprehensive system to ensure the utmost safety for both players and spectators.
It is crucial to keep in mind the possibility of new challenges arising in the future and to continuously improve and review measures.