TESFED is an organization which conducts its federation activities as affiliated with the Ministry of Youth and Sports General Directorate of Sports Services ("GDSS") in terms of legal status, In this regard, it is of great importance for the e-sports ecosystem that TESFED, which has an affiliated federation status from economics and administrative aspects, conducts its activities as independent sports federation. It will provide great advantages for the improvement of the esports ecosystem that its shareholders interact with each other under an independent federation roof. TESFED's independent status will give rise to brand value, which will positively lead to benefits as per sponsorship relations; while also the existence of a dependent and impartial authority will be beneficial for the sake of settlement of disputes that are likely to arise in the e-sports ecosystem.
2. Independent Federation Status' Gains
TESFED, being a legally dependent federation, will have some economic advantages such as shares to be spared from the GDSS budget or sources to be transferred in support of projects for youth setup and training; which manifests the positive aspects of the current legal structure. In this respect, the federation must take the benefit of Ministry supports in terms of training for e-sports sportsmen and education of coaches needed to train these sportsmen.
However, considering the new structure that will arise due to independent federation status along with the improvement acceleration of the e-sports ecosystem, being a dependent federation will ascertain negative aspects more. It is of great importance that TESFED, which is directly involved in the e-sports ecosystem and which can monitor it, carries out its duties as set out under legislation or as required by instructions promptly. The legal base should immediately come into effect in such an ecosystem where even in pandemic times and in the further terms many huge organizations were set up. Once TESFED gains independent federation status, it will have the authority to give instructions, as such it will be able to perform the regulation of the said legal base.
3. Current Situation in the World based on Various Examples
Within the line of aforementioned issues, the importance of the esports ecosystem where private law legal entities are effective in terms of the entertainment sector and its high advertising potential can be seen obviously. Because of that, TESFED's acquisition of the status of an independent sports federation will make the federation more active within the ecosystem and this status will bring great benefit to the esports ecosystem.
Although it can be mentioned dependent and independent federation bodies in terms of sports federations, except the example of TFF, the examination of another national federation status all around the world will be beneficial for this issue. Especially in this respect, a different status that TESFED may have may be devised regard having to international structures. Firstly, it is significant to examine the French example where Continental Europe law is implemented. Although France E-sports Federation (France E-sports) does not possess official federation status, it is directly supported by the French government. To give an example, the French National Olympics and Sports Committee is officially in cooperation with e-sports introduction. Also, in France where there is a regulation that directly lays down "Numeric Law", France E-sports possesses the title "representative" in terms of regulation work.
However, the British E-sports Association which can be said to have the among the highest authorities in England as part of Europe possesses association status and is a non-profit organization.
Beyond France example, here we also mention South Korea example. In South Korea, which is considered as the homeland for e-sports, there is a federation to which the state has conferred authority to directly issue regulations. Also known shortly as KeSPA (Korean eSports Association), is an official federation founded by the South Korea Ministry of Culture, Tourism and Sports' consent in 2000. KeSPA, which is also affiliated with South Korea National Olympics Committee, possesses such an autonomous structure that it can determine the minimum price for professional e-sports players as well as impose to agree with players longing no less than one year.
In conclusion, both in our country and all over the work, there are e-sports federations in a different structure that attempt to provide the sustainability of the e-sports ecosystem and delineate it. It should be noted that although TESFED's dependent sports federation status under GDSS will be sufficient for the improvement of the esports ecosystem in the short run, whereas in the long run, it is considered that TESFED should gain independent federation status. As previously mentioned, it is regarded that TESFED which is among the most important shareholders in the esports ecosystem of which the improvement acceleration goes up swiftly, should gain independent legal status.
Originally Published by Kilinc Law & Consulting, November 2020
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