MODULE 5
KEY ISSUES IN SPORTS LAW
5.1 CORRUPTION IN SPORTS
“The idea of being shocked about bribery and racketeering in FIFA, is like
being shocked about jumping in the pool and getting wet.”
- Dave Zirin1
5.1.1 Introduction
India is home to more than 1.3 billion individuals and is an ambitious country with bounteous open
doors in different fields. It is the origin of a few universally eminent games and it is unnecessary to say
that India's interest in different games over the world is conveying shrubs to the country. Not
constraining it to cooperation in sports, India has turned into a key area for association of games with
huge occasions, for example, the Cricket World Cup, Commonwealth Games, and so on being sorted
out previously and broadening the measurements of the quantity of games India exceeds expectations
in, U-17 Football World Cup has been composed in India in 2017.
In the ongoing years, India has been a rearing ground for the commencement of a considerable
measure of exercises in the field of household and universal brandishing occasions. There is a
declaration of another secretly directed games group twice in multi-year. With the beginning of new
wearing alliances, the measure of cash drew into the brandishing business to direct such occasions is
likewise noteworthy. The Indian Premier League (IPL) media rights have turned out to be a fortune for
the Board of Control for Cricket in India (BCCI). STAR India sacked the worldwide rights for a five-
year time frame for Rs 16,347.50 crore.
The per diversion numbers for an IPL amusement adds up to Rs 55 crore and Rs 3270 crore for every
year. In 2012, Star had won communicated and advanced privileges of India coordinates between
2012-2018 for Rs 3851 crore, a figure separated to Rs 43 crore for each match.2
The displaying business has risen exponentially with respect to exertion and aggregate resources.
Distribution of trade out amazing sizes calls for more vital obligation, considering India is not any
more particular to trustworthiness challenges. The nation has had an appalling notoriety to the extent
of expelling the illicit activities which hurt open interest and hamper the improvement and progress of
1 Dave Zirin, is an American political sportswriter. He is the sports editor for The Nation.
2Hindustan Times <https://www.hindustantimes.com/cricket/indian-premier-league-media-rights-2018-2022-statistical-
highlights/story-PUZrY9RL5bYo6CQN86tlYI.html>
diversions in the nation. We have faced distinctive troubles relating to contention corruption which
joins, bad behaviors like doping, organize settling, et cetera and organization contamination which
happens on a more critical scale, including deceitful activities like allocation of rights, duping on
money while masterminding the event by conceding contracts which are eventually beneficial in
nature, et cetera.
5.1.2 Classification of Corruption
Hence, in a broad sense, corruption in sport can be classified in two types for better understanding, as
bifurcated by Prof. Wolfgang Maennig3:
a) Management Corruption: Management corruption deals with behavior by sporting officials who
consciously perform their allocated tasks in a manner at variance with the objectives and moral
values of the relevant club, association, competitive sports in general and/or society at large,
because they receive or expect pecuniary or non-pecuniary advantage for themselves (or, in case
the person in question is acting as an agent: for a principal, e.g. acquaintances, relatives and/ or
associated sports institutions) from the person favored by the action (or their acquaintances,
relatives and/or associated sports institutions.)
The various management decisions by sporting bodies and sports officials, which might result in
management corruption, pertain to:
Host venues for important competitions,
Allocation of rights (e.g. for television transmission),
Nomination for positions (including honorary positions)
Commissioning constructions works for sports arenas and other venues, as well as on the
other hand over
b) Competition Corruption: Competition debasement manages practices by competitors who recover
from accomplishing the levels of execution typically required in the game being referred to win the
opposition and rather deliberately allow others to win. It additionally includes exercises by competitors
and additionally those authorities who have an immediate duty regarding the result of a wearing
challenge. The different rivalry defilement choices, whereby the supplier and the beneficiary of the
influences can be:
Athletes as it were
3 Prof. Wolfgang Maennig, “Corruption in international sports and how it may be combated”, August 2008 available at <
http://college.holycross.edu/RePEc/spe/Maennig_Corruption.pdf >.
Sporting authorities and other non-competitors just (now and then without the learning of the
competitors included)
Athletes and authorities
The sorts of exercises that might be secured under rivalry debasement are:
Doping4
Match Fixing5
Points Shaving6
Bribery7
This conveys us to the original inquiry of what is implied by debasement? Straightforwardness
International has characterized debasement as "the abuse of endowed power for private pick up." The
term defilement contrasts from country to country, locale to a district, and game to wear.
Notwithstanding, the broadest understanding of the word would identify with the commission of a
demonstration which is against the soul of reasonableness, equity and the soul of games, in this way
denying uniformity in the rivalry. The thought is to call attention to that the origination of debasement is
dynamic and will rely on different societal variables and responses related to the game.
4 <http://www.rediff.com/sports/report/busted-10-famous-sports-persons-nailed-for-doping/20141112.htm>
5 <https://www.thesportster.com/entertainment/top-15-biggest-match-fixing-scandals-of-all-time/>
6 <http://www.mandatory.com/culture/1039175-a-history-of-infamous-point-shaving-scandals>
7 <https://www.therichest.com/sports/top-10-alleged-match-fixingbribery-scandals-in-sports-history/>
5.1.3 Corruption in India
India's games industry has been consistently making strides, in any case, there still holds on an issue of
sufficient control of the business. There is no focal enactment which administers the administration of
brandishing affiliations and association of such occasions. Because of the absence of a midway
perceived relationship in each field, there has been an anomaly in administration and control of games
in the nation, and the business has been tormented by far-reaching money related debasement. Without
a control, certain contextual investigations just in the Indian setting have been specified underneath
which feature the outrageous defilement and the scale at which it is being finished:
Commonwealth Games Scam: The Commonwealth Games sorted out in India experienced a
progression of debates, which wound up risking the occasion. India is a creating country with a
substantial populace, including the vast majority of them, being poor yet billions of dollars
were spent to pull off the amusements, which was accepted to be sub-standard as far as the
association and confronted extreme feedback. Suresh Kalmadi headed the board for the
association of the Games and it was found by numerous researching experts that immense
totals of cash were siphoned illegally. Ordinarily a Commonwealth Village is made for the
span of the Games which has all the imperative foundation, be that as it may, a portion of the
significant scenes was unconstructed till the eleventh hour, which demonstrated the sloppiness
and failure of a whole country to sort out an occasion on an expansive scale. The association
for the recreations wasn't just scrutinized broadly, in any case, even the competitors who came
to take an interest in the Games enlisted a few grumblings with respect to the convenience. The
ticket deal was despicable precisely before the occasion. Summarily, the Games produced a
labyrinth of degenerate arrangements, a large portion of them including swelled contracts.
Suresh Kalmadi was blamed for giving out an INR 141-crore contract to Swiss Timing for its
planning gear the arrangement was swelled by INR 95 crores.8 Such poor association seriously
hampered the execution of the Indian sportspersons at the occasion.
IPL Betting and Spot Fixing: The foundations of Indian Premier League, which is accepted to
be the greatest local brandishing occasion in India, has been shaken by a stretch of debasement
embarrassments and money related anomalies. The main major monetary inconsistency was
seen in 2010 when the BCCI uncovered a money-related trick where apparently INR 76 crore
8 <https://economictimes.indiatimes.com/slideshows/nation-world/upa-ministers-who-had-to-resign-over-scandals/suresh-
kalmadi-scandal-commonwealth-games/slideshow/20014233.cms>
worth tickets deals were absent.9 Further, the following significant blow went to the occasion
when the match-settling contention occurred amid the 2013 version. Three players, to be
specific, Sreesanth, Ankeet Chavan, and Ajit Chandila were captured for being associated with
the settling of matches. Around the same time, Gurunath Meiyappan and Vindu Dara Singh
were additionally captured with the association with wagering and being associated with
bookies. Along these lines, two noteworthy groups, Chennai Super Kings and Rajasthan Royals
were suspended from taking an interest in the IPL.10 Further, the Enforcement Directorate put
Lalit Modi on seeing for purportedly misleading INR 1,700 crores crosswise over different
versions of IPL. In such manner, the group of onlookers began losing confidence in the IPL as
an expert impartial occasion and took to be simply one more manufactured bit of excitement.
Match Fixing Scandal: The most seasoned of the contextual analyses could be credited to the
year 2000 where an arrangement against South Africa was supposedly settled. Mohammed
Azharuddin, one of the characteristics of the Indian cricket admitted to coordinate settling and
further he additionally asserted that different cricketers like Kapil Dev were likewise engaged
with such settling. Another player, Ajay Jadeja was suspended for settling a match, for a time
of 5 years. He wasn't allowed to play global cricket. The then South Africa commander, Hansie
Cronje who was in this manner restricted forever, settled the competition. A noteworthy
bookie, Sanjeev Chawla was accepted to be required with it was just captured in 2016.11 This
demonstrates the miserable condition of guaranteeing quick equity to those who've carried out
violations putting the nation's notoriety in question.
5.1.4 Corruption in other parts of the world
Salt Lake Winter Olympics Scandal 2002: The Salt Lake Winter Olympics occurred in the
United States of America regardless of it gets media scope for all the wrong reasons. The
Olympics saw administration and rivalry debasement. Examinations by the United States
government and the International Olympic Committee before long uncovered that the Salt Lake
Organizing Committee (SLOC) had doled out money endowments, school grants, therapeutic
9 Agencies: Indian Express, “IPL 3: BCCI unearths new financial scam, Rs 76 crore in ticket sales reportedly missing”
September 27, 2010 available at < http://archive.indianexpress.com/news/ipl-3-bcci-unearths-new-financial-scam-rs-/689061/>.
10 Correspondent: BBC India, “IPL Scandal: Chennai Super Kings and Rajasthan Royals suspended”, July 14, 2015 available
at
<http://www.bbc.com/news/world-asia-india-33517583>.
11 Mahender Singh Manral, “Bookie in 2000 match-fixing scandal help in UK, London wants assurance on Delhi jail quality”,
September 14, 2016 available at <http://indianexpress.com/article/sports/cricket/bookie-in-2000-match-fixing-scandal-held-in-
uk-london-wants-assurance-on-delhi-jail-quality-3030082/>
treatment and extravagant get-aways to IOC individuals both when the Salt Lake offer was
acknowledged. At last, four authorities were compelled to leave and in addition two best
administrators of the SLOC.12 This was the situation of administration defilement. Further,
there was likewise an instance of rivalry debasement wherein there was a claim of intrigue
among the judges because of which double gold decorations were granted insets in figure
skating to the Canadian group spoke to by Jamie Sale and David Pelletier, and to the Russian
group spoke to by Elena Berezhnaya and Anton Sikharulidze.
FIFA World Cup Qatar Bid Controversy: Qatar offer to have the FIFA World Cup in the
year 2022, anyway it has gone under scanner and debate and FBI has initiated an examination
for gift and debasement. In the light of such examination, the FIFA President, Sepp Blatter
surrendered. Sepp Blatter, in his ability to be a President, has over and over-embraced the offer
of an Arab country to have a football, concentrating on Qatar in particular. Keeping in mind the
end goal to spare expenses on development and foundation, the Organizing Committee
procured specialists from Nepal. An examination was conveyed to comprehend the charged
woeful territory of Nepalese specialists, they discovered proof proposing a great many
Nepalese, who make up the single biggest gathering of workers in Qatar, confront misuse and
misuse that add up to current subjugation, as characterized by the International Labor
Organization.13 There are sure affirmations of remuneration with respect to two FIFA
Executive Committee individuals, which are dubious. These were sure all around established
claims which could prompt Qatar being stripped of the offered to have the FIFA World Cup in
2022.
5.1.5 Domestic and International Legislation to curb corruption in sports
Domestic Legislation:
India has confronted the brunt of various tricks and embarrassments in locally and universally sorted
out brandishing exercises. This could be significantly credited to the absence of a suitable approved
body which oversees a specific game. Despite the fact that there are Associations which direct the lead
of a specific game in the nation, in any case, the vast majority of them haven't been instituted by a
Statute or aren't bodies managed or made by the State. Various affiliations have been brought into
reality under the Societies Registration Act. The National Sports Code was proposed in 2011 to
12 Supra note 11.
13 Pete Pattisson, “Revealed: Qatar’s World Cup ‘slaves’”, September 25, 2013 available at
<https://www.theguardian.com/world/2013/sep/25/revealed-qatars-world-cup-slaves>.
aggregate every one of the handouts, notices, requests, and guidelines given post-2011 keeping in
mind the end goal to dodge the conflict of headings. The 2011 Draft Sports Bill was tabled next before
the Parliament was first such endeavor to sanction a law to handle the issues of responsibility and
systematize the donning bodies and association of occasions locally, and sending contingents globally.
Shockingly, the Bill did not pass and henceforth, it was redrafted with specific changes, under the
Chairmanship of Justice Mudgal and was displayed in 2013. Be that as it may, the Bill neglected to be
authorized even in 2013. Chapter IX of draft appeared to be a bone of dispute, which talked about the
obligatory materialism of Right to Information Act over every one of the game's relationships of the
nation. The Bill looked to set up Appellate Tribunals for quick transfer of cases, considering that the
restricted time a sportsperson needs to take an interest in the imperative game and achieve its zenith,
considering wellness is fundamental which is at its pinnacle just till a specific age.
Following this, the Lodha Committee Recommendations could be viewed as an instance of legal
activism, wherein the legal prescribed certain important basic changes to the structure of the Board of
Cricket Control in India. It could be named as a point of interest judgment, which implies the gravity
of the unregulated wearing bodies and occasions in the nation, and debasement which
straightforwardly stems out of it.
President Ram Nath Kovind cleared BJP MP Anurag Thakur's private part Bill – the National Sports
Ethics Commission Bill 2016 – to be considered by the Parliament.
Thakur, the previous leader of BCCI and three-time MP from Hamirpur in Himachal Pradesh, had
moved this Bill in 2016 to counter the developing threat of match-settling, doping, age fraud, and lewd
behavior in Indian games.14
International Legislation
On a worldwide level, the United Nations has detailed a Convention against Corruption, based on
which the UNODC has distributed a handbook on great practices, for aversion of debasement in an
association of significant open occasions, including real games occasions. The handbook features the
special defilement dangers related with the association of real open occasions because of the
contribution of huge assets, a lot of assets and complex calculated courses of action inside tight time
allotments.15
14 <164.100.47.4/billstexts/lsbilltexts/AsIntroduced/4408LS.pdf>
15 United Nations Global Impact, “Fighting corruption in sport sponsorship and hospitality: A pratical guide for
companies”, 2014 available at <https://www.unglobalcompact.org/docs/issues_doc/Anti-
Corruption/SportsSponsorshipHospitalityGuide.pdf>.
Aside from the previously mentioned Convention, there has been no genuine advancement as far as
drafting a brought together widely inclusive record which particularly strikes at the base of debasement
in sports. There can be no straight-jacketed manner by which debasement can be forestalled in
particular games. An enactment can attempt and handle the idea of administrative debasement yet
managing rivalry defilement by the method for enactment would gain such ground unduly inflexible,
and draw in a lot of escape clauses.
In such manner, a focal body universally manages each game, for example, Federation Internationale
de Football Association (FIFA) controls the football and International Cricket Council (ICC) directs
cricket. These bodies, after some time, have additionally built up specific codes and morals of
arranging and taking part in such occasions. Each globally acclaimed sport has its own arrangement of
tenets or codes of morals which are to be regarded so as to be related to the game. Football is
administered by a free Ethics Committee which is basically in charge of the encroachment of FIFA
Code of Ethics. It works by two sub-bodies, the investigatory chamber, and the adjudicatory chamber.
Cricket, then again, has dependably been the 'refined men's diversion' and consequently the customs
have basically been classified by the ICC as Code of Conduct which is likewise authorized by the ICC.
Also, different games are administered by comparable Code of Conduct, contingent on the convention
and the necessity of the game.
5.2 VIOLENCE IN SPORTS
5.2.1 Introduction
By the specific righteousness of the word, brutality is by all accounts something that is best averted.
Anyway, different games depend on savagery, and such hostility is worthy, in spite of not being
acknowledged in a cultivated society. On the off chance that you punch some individual and make him
oblivious, it will draw in certain inconvenience, whereby you might be requested to repay a man or
even be sent to imprison. Be that as it may, in the event that you punch some person oblivious in a
boxing right, your demonstration of hostility will be extolled and there will be no repercussions under
typical conditions.
We've seen brutality around us in the general public, as war, shoot-out, fistfights, computer games,
TV, films, and so forth. In some cases, we frequently wind up celebrating these demonstrations of
viciousness, for example killing an adversary in a computer game. It frequently doesn't cross the limit.
In such manner, there are sure games which are intrinsically forceful in nature. They should cross a
specific utmost of hostility, yet keeping in mind the end goal to bring out sort of demonstrate that the
observer would need to see, the line is unfortunately frequently crossed. Some sportspersons
frequently utilize fierce methodologies and strategies to panic or threaten the contrary player, which
isn't entirely as indicated by the standards of the diversion. At the point when do we separate between
what is unsatisfactory societal savagery and what is allowable viciousness/animosity in sports?
Terry and Jackson have defined violence in sports to be “ behavior which causes harm, occur outside
the rules of the sport, and is unrelated to the competitive object of the sport”.16 Coakley, who defined it
to be “the use of excessive physical force, which cause of has the potential to cause harm or
destruction”, pitched in another conception.17
The definition plans to recognize what might constitute the intersection of inconspicuous limits
amongst adequate and unsatisfactory animosity in sports. Be that as it may, certain offensive violations
are dealt with alike, regardless of whether they occur on a road or on a cricket pitch. Assent assumes a
critical part in deciding the fundamental limit which is made by animosity in sport, and if a
demonstration is done against such assent, it overflows and would be classified as a wrongdoing, being
against the societal standards. Henceforth, sports aren’t a correctional facility free card which enables a
man to cause political agitation or submit a demonstration past the principles or what the other party
has agreed to. Notwithstanding, the previously mentioned limits can straighten out now and again,
contingent on the societal standards and customs.
16 Terry P.C. & Jackson J.J., “The determinants and control of violence in sport”, 1985 available at
<https://www.cabdirect.org/cabdirect/abstract/19851825051>.
17 Jay Coakley, “Sports in Society: Issues and Controversies” (2004).
We contacted upon a vital determinant which permits hostility in a game: assent. Such assent decides
the level of viciousness or animosity which might be executed in a game. Be that as it may, this assent
isn't exclusively formed by the will of the taking part competitor, it additionally relies upon the
adequate standard of the general public. The purpose of the degree of hostility or savagery assented is
regularly a far from being an obviously true point, and ordinarily, it is represented by the standards and
morals of a specific game. Punching is basic to boxing and is permitted, subsequently the level of
viciousness agreed to, is higher in boxing instead of football, where the same isn't assented to
considering that punching isn't fundamental to play the game. In boxing itself, punching in disgraceful
is precluded, along these lines meaning that no one can agree to be punched underhanded.
5.2.2 Originating points of violence in sports
There is two kind of violence in sports, in sports violence and off sports violence. Further, there are
two entities that might be responsible for perpetuating violence or hostility in sports and the
bifurcation is specified underneath:
Participant Violence: It alludes to the unsatisfactory standard of animosity/violence showed
by a competitor. Ordinarily, the level of obligation conferred off-game would be more than in-
sport if the degree of hostility is comparable.18
There are various causes which might lead to participant violence which have been briefly
discussed below:
1. Decision (adjudication): The members, partaking in a game may get baffled with the
settling or the basic leadership of the ref.19 They should seriously mull over inclination as
an imperative factor which may influence the viciousness to crawl into the game.
Regularly, there may be terrible administering which would bring about negative or
unusual choices.
2. Emotions: The hype created around that particular event determines the intensity of
emotions of a player. For instance, a final match would be more emotionally challenging
than an ordinary league match considering the stakes. It might be due to the tension in the
stadium which would determine the mental status of the players.
3. Rivalry: The level of pressure in an occasion between equal contenders is frequently high.
In the event of a neighborhood derby, there is a considerable measure of strain, as the
onlookers frequently wind up supporting one of the two groups and there is certainly not a
center ground. Team loyalty affects the amount of violence which might be perpetrated.
18 <https://www.voxcreative.com/sponsored/9189889/bp-what-drives-countdown-the-top-5-sports-rivalries-and-what-fuelled-
the-fire>
19 < https://www.shortlist.com/entertainment/sport/the-15-worst-refereeing-mistakes-ever/74108>
The display of loyalty by the spectators might influence or arouse the interests of the
players.20
4. Result: There is regularly a change where the players acknowledge that the outcome won't
be to support them and wind up acting forcefully. This occurs because of the way that they
don't fear the outcome considering the outcome wouldn't change.
5. Provocation: A player may be incited by numerous specialists. Different players may sled
his/her to bring down her confidence in the diversion or the group perhaps unfriendly and
do likewise. It regularly winds up in striking back, which despite the fact that may be
ethically advocated a degree, yet is legitimately inadmissible.
6. Religion: Religion among other social reasons might be a vital determinant in
exacerbation of violence in the sporting arena. Regularly there are conflicts between
groups based on religion or races or other social reasons.
7. Intoxication: Performance enhancing drugs sometimes lead to increased aggression. There
might be a possibility that there is instant arousal from drug or steroid use which would
cause violence by a person.
8. Importance of the event: It relying on the power and the stakes associated with an
occasion. The more critical the occasion, the higher the strain and higher the progressions
of more hostility/savagery being shown.
Spectator Violence: It refers to the aggressive/ violent act caused by a person not directly
taking part in the sporting event. The causes for the occurrence of the same are mentioned
below:
1. Emotional attachment: It additionally relies upon the passionate force of the observers,
which is frequently controlled by the pre-coordinate promotion made or the significance of
a specific occasion, for example, the enthusiastic power would be more in adversary or
derby installations.
2. Provocation: Frequently the observers are manhandled or incited by the rivals. These
adversaries may be the players on the pitch or the horde of the contradicting group.
3. Frustration with decisions: The spectators like the players may be disappointed by the
choices made by the match authorities which may induce them to execute violence.
4. Lack of a control system: Because of the absence of a control system, or absence of
sufficient check, the spectators may frequently submit violence without the dread of being
ceased or confronting discipline.
20 < https://www.thesportster.com/entertainment/top-25-biggest-sports-team-rivalries-in-the-world/>
5. Intoxication: Regularly the spectators are impaired on inebriating substances which
prompts loss of control and they may wind up executing unsuitable violence by not being
completely responsible for Black September
their faculties. Case:
6. Religion: The religious A uniquely violent incident that is beyond the
convictions of a specific realms of ordinary violence was observed in 1972
player or the club or the during the Summer Olympics in West Germany.
supporters cause violence in It was a specifically targeted attack against the
an indistinguishable way Israeli contingent wherein 11 Israel Olympic
from it would, if there should Team members were taken in hostage and were
be an occurrence of players. eventually killed. The attack was believed to be
7. Overcrowding: Congestion motivated by secular nationalism carried out by 8
at a field may frequently terrorists backed by neo-Nazi Germans. It
cause violence because of remains one of the darkest and unrepeated
poor group administration incidents in the history of Olympics Games
and spectator arrangement. It
may bring about the inadvertent animosity of violence because of poor policing.
8. Peer pressure: Peer pressure often prompts loss of individual character which would
prompt reduced duty inside the group. The violence reproduced such is regularly with no
repercussion and goes undetected.
Solutions to tackle violence
The methods of conferring violence have advanced after some time and consequently, there has been a
development of the guidelines and methodology overseeing the same. After some time the disciplines
for violence has raised, which could be seen from the way late wrongdoers of the principles have been
dealt with. Luis Suarez, who used to play for Liverpool in the English Premier League, was prohibited
for 10 coordinates after purportedly gnawing a player from the contrary group.21 The sportsperson isn't
just punished by the body representing such game yet may likewise be dropped from the group he is at
present a piece of.
Regularly, the violence goes undetected and to handle such occurrences, technology has begun
assuming a basic part. Part of technology will be talked about top to bottom in the forthcoming themes.
Technology has made an effect by helping the match authorities and the refs to settle on amending just
choices. The Goal-line technology in football is one such case.
21 <https://www.theguardian.com/football/2013/apr/24/luis-suarez-10-games-ban-liverpool>
Further, violence beginning with the group likewise should be controlled. In such manner, there is a
need for better jam administration as far as better safety efforts and better offices in the stadium. There
is a perfect world ought to be suitable media scope to decrease the odds of a hubbub being made.
5.3 CONCUSSION AND SECOND IMPACT SYNDROME
5.3.1 Introduction
A concussion is a sudden-beginning, transient modification of awareness because of a blend of
practical and auxiliary cerebrum unsettling influences following a physical effect transmitted to the
brain. It is normal, in spite of the fact that an underreported, condition experienced in an extensive
variety of games. At the point when left undetected, a blackout can go ahead to be to bring about a
long haul mind issue and may even end up being to be deadly. According to the Centers for Disease
Control, from 2001 to 2009, the estimated number of visits to hospital emergency departments for
sports- and recreation-related concussions increased 62%, from 153,375 to 248,418, in persons 19
years or younger.22 In spite of the fact that it has been broadly trusted that competitors are fit to come
back to play when watched indications resolve, analysts are additionally inspecting the conceivable
delayed impacts of blackout, sub concussive effects, and rehashed concussions on subjective
challenges, passionate unsettling influences, gloom, and social issues and additionally incessant or
repeating physical manifestations, for example, cerebral pain.23
A concussion is frequently trivialized by being known as minor head damage or a thump to the head.
In any case, a blackout is more genuine than that and might have shocking effects. It is more genuine
than ordinary head damage and as of now specified, might endanger the life of a person. A concussion
is generally underreported essentially in sports on the grounds that the sports persons are themselves
ignorant about the side effects of a concussion. They may likewise not report it because of the
extensive weight that the sportspersons have from outside to keep performing great, and the
identification of a medical problem would contrarily affect their expert and money related status,
having unfriendly results on the player and the group. A fiction illustration could be the motion picture
'Objective' wherein the hero endeavored to disguise his asthma condition because of the dread of being
dropped out of the group.
22 Gilchrist J., Thomas KE, Xu L, McGuire LC & Coronado VG, “Nonfatal sports and recreational related traumatic brain
injuries among children and adolescents treated in emergency departments in the United States”. October 7, 2011, available
at < http://www.cdc.gov/MMWR/preview/mmwrhtml/mm6039a1.htm>.
23 Michael B Clay, Karl L Glover & Duane T. Lowe, “Epidemiology of concussion in sport: a literature review”,
December, 2013 available at < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3838722/>.
5.3.2 Evaluation and inspection of concussion
There are different kinds of assessments to decide when a man should return back to the ground. A few
of them have been mentioned below24:
1. Initial on-field assessment: An on-field concussion is assessed by the group's doctor who is
dependable to decide the status by therapeutic assessment, following the standard crisis
administration standards, for example, aviation route, breathing, flow, and level of cognizance. It
has been seen that the player may not know about the way that he/she has concussed, might not
have any plain indication of concussion, or may limit or shroud manifestations so as to come back
to the diversion. The player must be taken to the sidelines for fitting assessment of his/her
condition and on the off chance that he/she is determined to have a concussion, he/she ought not
to be permitted to play upon the arrival of the damage.
2. Postural stability testing: Postural flimsiness in concussed competitors is a typical perception in
light of both on-field and more refined off-field testing. This specific shortage, deficiently
evaluated by a straightforward Romberg test, is most evident when competitors are subjected to
vestibular framework testing on froth or a portable tilting surface, and by and large purposes
inside 3-10 days post-damage. Blunders amid any piece of the testing incorporate bumbling or
falling, opening eyes, lifting hands off the iliac peaks, impermissible hip or foot posing, or staying
out of a testing position for over 5 seconds.
3. Neuropsychological test: Neuropsychological testing in sports concussion is a compulsory piece
of the evaluation, concentrating especially on the player's consideration, working memory and
speed of data preparing. In the course of the most recent decade, there has been a move far from
the customary paper and pencil testing managed by clinicians towards mechanized testing that can
be directed by fittingly prepared and administered professionals.
4. Electrophysiology: Though neuropsychological tests evaluate clear verbal and engine reactions,
central EEG as event-related potential (ERP) recording surveys the physiological or electrical
honesty of parts of the cerebrum in view of reactions to a dreary boost, commonly a sound-related
or visual one. The technology is non-intrusive, objective, moderately economical, and can be sent
and utilized within 20 minutes.
5. Biomedical Imaging: It alludes to the strategy and procedure of making visual pictures of-of the
inside of a body for clinical investigation and medicinal intercession, and in addition visual
portrayal of the capacity of a few organs or tissues. Most investigations used fMRI standards in
light of visual and additionally verbal working memory undertakings managed within 3 months of
the concussion or between 3 months and 3 long periods of the concussion.
24 Vini J Khurana & Andrew H. Kaye, “An overview of concussion in Sport”, January, 2012 available at <http://www.jocn-
journal.com/article/S0967-5868(11)00441-3/abstract >.
Short-term complications
The player, after the primary concussion is inclined to an expanded danger of another concussion
inside 7-10 long periods of the underlying blackout.25 The key here and now entanglements of a games
blackout are identified with mind damage that might advance from the season of effect to the minutes
or hours from there on. Such wounds may incorporate cerebral wounds and growing intra-hub and
additional pivotal accumulations, for example, extradural, subdural and intracerebral hematomas,
which may exist together with wounds to the skull and cervical spine.26
The Curious case of Chris Benoit
The ones who know about WWE would affectionately recollect Chris Benoit. He has 22 titles to
his name and furthermore holds the benefit of being a two-time best on the planet.
Nonetheless, when all was apparently well, he killed his better half and child and hence
dedicated suicide in 2007. Level headed discussions were started endeavoring to find the
explanation for such impossible to miss conduct. Some ascribed it to a utilization of steroids
and other execution improvement drugs, while some idea it was an over the top drinking issue.
Examination of his mind prompted the dialog of cerebrum injury in proficient competitors. His
specialists, in layman's terms, said that he had a mind of an eight-year-old when he was 40
years of age! He had managed enduring wounds to each area of his cerebrum and is thought to
be a standout amongst the most serious instances of Chronic Traumatic Encephalopathy that
analysts had ever observed.
Long-term complications
A concussion has been identified as a problem which might lead to a chronic depression, and a
potential risk factor for a primitive depression of Alzheimer’s disease and Parkinson’s syndrome.
Compared with retired players with no history of concussion, retired players reporting one or two
concussions were 1.5 times more likely to be diagnosed with depression, while those reporting three or
more concussions were three times more likely to be diagnosed with depression.27
25 Sean Sequeira <https://www.hindustantimes.com/football/fernando-torres-head-injury-six-worst-injuries-on-the-football-
field-videos/story-xr6m0QzpyxbZjdkoMnGqHM.html>
26Supra note 24.
27 Guskiewicz KM, Marshall SW, Bailes J, McCrea M, Harding HP Jr, Matthews A, Mihalik JR & Cantu RC, “Recurrent
concussion and risk of depression in retired professional football players”, June 2007 available at
<https://www.ncbi.nlm.nih.gov/pubmed/17545878>.
Second Impact Syndrome
An athlete who is recuperating from a concussion, however, has not totally recouped, is at a more serious
danger of a second effect disorder. A sportsperson may confront post-concussion side effects, for example, a
migraine, obscured vision, mental trouble, and so on and if in this procedure, there is another blow which
additionally triggers/irritates these side effects, may bring about a second-affect disorder.
The second blow might be unremarkable; maybe just including a hit to the chest that yanks the athlete's head
and in a roundabout way sends quickening powers to the mind. Influenced competitors may seem staggering,
however, don't endure the loss of consciousness (LOC) and regularly total the play. They more often than
not stay caution on their feet for 15 seconds to 1 moment or something like that yet appears to be stupefied.
Regularly, influenced competitors to stay on the playing field or stroll off under their own particular power.
Ordinarily inside seconds to minutes of the second effect, the athlete cognizant however staggered, all of a
sudden falls to the ground, semi-cognizant with quickly weakening (extending) students and loss of an eye
development and quits relaxing.28
Any athlete who still shows signs of concussion should not be allowed to return to play. Such signs include
fatigue, headache, disorientation, nausea, vomiting, feeling “in a fog” or “slowed down,” as well as other
differences from a patient’s baseline.29
5.4 GAMBLING AND MANIPULATION IN SPORTS
The manipulation of sports competitions is defined as:
“An intentional arrangement, act or omission aimed at an improper alteration of the result or the course
of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned
sports competition with a view to obtaining an undue advantage for oneself or for others.”30
Any sporting event is based on the principle of uncertainty and fairness in terms of competition, where
the result of an event is not pre-decided. However, the competition is manipulated when there is unethical
and improper fixing/ influencing of the course of the result of an event for advantage. Such manipulation
of result doesn’t only signify a breach of sporting rules and promote unfair competition, but it has certain
wide-reaching impacts. “A criminal justice response against match-fixing would demonstrate that
28 Lindsey Barton Straus, “Second Impact Syndrome: A rare but Usually Fatal Condition”, May 21, 2015 available at
<http://www.momsteam.com/health-safety/concussion-safety/general/second-impact-syndrome-signs-and-symptoms>.
29 Cantu RC, “Recurrent athletic head injury: risks and when to retire”, July 2003 available at
<https://www.ncbi.nlm.nih.gov/pubmed/12852688>.
30 Directorate of Human Dignity and Equality: Sports Division, “Convention on the Manipulation of Sports Competitions
(Macolin Conventions)”, September 16, 2016 available at <http://www.coe.int/t/dg4/sport/Match-fixing/T-
MC(2016)18%20Mapping%20MdT%201.09.16.pdf>.
sporting manipulation is not a ‘simple’ breach of sporting rules, but also an offence against the public in a
broader sense.”31
There are two principal types of competition manipulation32:
For sporting purposes: Where the control is executed to give a brandishing advantage, for
instance, allied advancement/assignment or an apparent worthwhile rivalry draw or some other
donning advantage;
For financial gain through betting: Where the control is intended to pre-decide an occasion
identified with the opposition that is required to be offered on the wagering markets (comes
about, add up to objectives scored and so forth.). This sort of control incorporates the danger of
being utilized by proficient hoodlums to launder cash through games wagers.
In spite of the fact that the controllers are boosted to confer misrepresentation and defilement in sport
for monetary profits, there are different variables which may add to the commission of such offenses
33:
Whether the payment of the competitor/official has been paid;
Addiction (drugs, sex, alcohol);
Excessive betting and betting obligations;
Bad games results and absence of acknowledgment and reward;
Pressure, opportunity, and defense:
Living past individual pay and high individual obligation;
A want for individual movement, voracity, the naivety of the objective, unfulfilled desire;
Pressure from family and companions to succeed;
'Fluid good qualities' and a craving to challenge and additionally mishandle the 'framework'.
With the start of various nearby and overall wearing unions on the planet, wagering and control of
diversions have found its way to the grass-root level of amusements. Here are certain variables which
support hooligans to acknowledge sports34:
31 UNODC & IOC, “Criminalization approaches to combat match-fixing and illegal/irregular betting: a global perspective.
Comparative Study on the Applicability of Criminal Law Provisions Concerning Match-Fixing and Illegal/ Irregular
Betting”, July, 2013 available at < www.unodc.org/documents /corruption/Publications
/2013/Criminalization_approaches_to_combat_match-fixing.pdf>.
32 Interpol & IOC, “Handbook on Protecting Sport from Competition Manipulation”, May, 2016 available at
<https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/IOC/What-We-Do/Protecting-Clean-
Athletes/Betting/Education-Awareness-raising/Interpol-IOC-Handbook-on-Protecting-Sport-from-Competition-
Manipulation.pdf>.
33 W. Steve Albrecht, Keith R. Howe & Marshall B. Romney, “Deterring fraud: the internal auditor’s perspective”, 1984
available at < http://trove.nla.gov.au/work/19067711?q&versionId=22392868>.
34 Interpol & IOC, “Handbook on Protecting Sport from Competition Manipulation”, May, 2016 available at
<https://stillmed.olympic.org/media/Document%20Library/OlympicOrg/IOC/What-We-Do/Protecting-Clean-
High profit and low risk; Gambling Regulations in India
Anonymity;
Exploitation of easy targets Gambling in India is regulated by the Public Gambling
(naive sports people, absence Act 1867, which differentiates between a ‘game of skill’
of effective sport regulations and a ‘game of chance’. Betting is allowed on games of
and their implementation); skill, and the concept has been elucidated upon by the
Absence of consistent Supreme Court in the case of K.R. Lakshmanan v. State of
legislation and powers; Tamil Nadu where it is said that a game of skill is one in
Ineffective supervision and which success primarily depends on superior knowledge,
regulation of gambling; training, attention, experience and adroitness of the
Criminal organizations (CO) player.
have become transnational The law however is still vague and seemingly arbitrary
(TCO); upon such determination. Rummy, a kind of poker is
Limited law enforcement considered a game of skill but Texas Hold’em, another
experience; kind of poker, isn’t considered to be a game of skill and
Internet has no borders hence betting on it is not permissible.
meaning police investigations The Government has come up with the Information
are difficult and allows TCOs Technology Act, 2000 which seeks to make the Internet
to use all the possibilities of Service Providers liable for letting the users access betting
the financial markets and tax websites in India. Such a step has made it more difficult
havens. for Indians to gamble online, which is currently trending.
5.4.1 Gambling in India
The wagering market in India is worth Rupees 300,000 crores and the conceivable income that the
administration stands to gain out of it is around Rupees 12,000 to Rupees 19,000 crores.35 The Indian
administration on gambling is managed. Wagering is precluded on a session of shot however not on a
round of expertise. Gambling is henceforth not the same as wagering, considering that ascertained
hazard is relied upon to be embraced while wagering, be that as it may, betting basically involves
uncalculated chance, the consequence of which isn't needy upon the abilities required in a diversion.
Athletes/Betting/Education-Awareness-raising/Interpol-IOC-Handbook-on-Protecting-Sport-from-Competition- at
Manipulation.pdf>.
35 FICCI, “Regulating Sports Betting in India- A vice to be tamed?”, June 6, 2012 available
<http://ficci.in/spdocument/20254/report-betting-conference.pdf >.
Wagering has been in part acknowledged yet a few difficulties still hamper the total acknowledgment
of wagering. The social contract is one such factor which stops individuals from tolerating betting and
wagering in a liberal way. It is sure social objection encompassing the action, which fundamentally
emerges from the outlook that betting and wagering are and have been criminal exercises, by and large
effects affecting individuals of all age classifications, crosswise over different monetary classes. It is
trusted that betting and wagering is the initial step which in the long run prompts control of games, in
this way harming the sacredness of reasonable rivalry in a game.
However, gambling and betting do have certain benefits from the perspective of an economy, on a
macro level36:
Reduce match fixing: Any amazing wagering settlement on an analyze is accounted for by a
wagering client to experts and groups for apparent activity. In the event that strange wagering
designs are seen, a wagering routine on a look at can be voided (cancelled).
Generate tax revenue for government: Regardless of a restriction on wagering in India, it is
flourishing big and the Government is losing income as assessments and the persistent interest
in checking it isn't procuring the coveted outcomes. The greatest preferred standpoint will be
there will be a weight for a huge measure of salary dispensed with by contraband directs going
to discount in instances of match-settling, illegal tax avoidance, and wrongdoings.
Social Benefits: India as of now has cases of states like Sikkim and Goa that utilization betting
as a method for creating wage. They empower it as a method for taking charge and giving
business and social change to their populaces.
In such manner, it has been said that wagering and betting on games ought to in a perfect world be
controlled, in this way empowering more noteworthy responsibility for a lot of cash exchanged
through channels where they are represented. With better direction, there would be a more pleasant
and better betting framework set up subsequently guaranteeing that the experience of excitement is
controlled.
5.4.2 ANALYSIS OF MATCH-FIXING, BETTING, AND GAMBLING
A game is a challenge between two people or groups who consent to challenge with each other under
concurred terms and conditions. The basic segment of this game is the vulnerability of the result. This
vulnerability makes it unique in relation to expressions and science. On the off chance that the result is
pre-decided, it will evaluate the most basic piece of the amusement and that is the thing that match-
settling does.
36 Ibid.
It is important to recognize Gambling and Betting in sports. Betting is a demonstration of putting money
related stakes on a session of unadulterated shot, while wagering, in sports, is a demonstration of betting
upon an extreme result of an occasion which includes, dominatingly, a component of expertise. Though
betting is exclusively in view of a session of possibility, wagering in sports depends on the aptitude of the
members, despite the fact that there is a component of a shot given that the result is indeterminate.
Present day sports and wagering are terms that go as an inseparable unit. In any case, the fluctuating
concerns identified with the negative parts of wagering have been a consistent topic that has gone with
sports all through history. Wagering and Gambling are for quite some time built up propensities in the
game. Perspectives identifying with wagering, for example, control of a brandishing occasion, a
contribution of immense measures of dark cash, saw against social nature of wagering, this exclusive
permits few players to win.37
According to Declan Hill ‘Match-fixing occurs ‘when a player or referee deliberately under-performs
during a sporting contest to ensure that one team loses or draws the match. Match fixing and illegal
sports’ betting are a threat to the integrity of any sport as attempts are made to exploit players, umpires,
and other officials to achieve various ends.
The Council of Europe Convention on the Manipulation of Sports Competitions (2014) defines the
manipulation of sports competitions as:
“An intentional arrangement, act or omission aimed at an improper alteration of the result or the course
of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned
sports competition with a view to obtaining an undue advantage for oneself or for others.”
The definitions of match-fixing, gambling and betting various from country to country and the gambling
laws and its treatment also differ according to the jurisdiction.
DID YOU KNOW?
One of the greatest philosophers the world has ever known, Aristotle was also interested in the
mechanisms of gambling, at least from an academic perspective. The man wrote a detailed
guide which explains the ways in which the probabilities in dice can be manipulated and how
you can cheat in craps. It’s considered that Aristotle was trying to prove a mathematical point
with the guide-that probabilities aren’t all that unpredictable.
The largest "legal" wager ever made was an 8 to 1 money line bet (the outcome of a game
without points), that San Francisco would beat San Diego in the Super bowl XXIX. An
unidentified gambler wagered $2.4 million at the Mirage in Las Vegas. The 49ers won and the
person had a pay-out of $300,000.
37 Marios Papaloukas, ‘Betting on Sports Events’, presented at IASL Congress, Warsaw. <
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1527576>
5.4.3 The treatment of gambling in various jurisdictions
Legislatures of the countries, where it is legitimized, advantage monetarily by forcing demands on sports
wagering. In America, the State of Nevada takes in nearly US$2 billion in wagering each year by means
of in excess of 150 games bookies in the state. This is only a little rate, nonetheless, of the cash put into
sports wagers around the world. An article distributed in ESPN magazine in 2003, evaluated that the
online games wagering industry takes US$63 billion multi-year. It has additionally been assessed that one
in each four Americans, wagers on a wearing occasion at any rate once per year and that 15 percent of the
US populace wagers on sports routinely. It is additionally assessed that Rs.72 crores is put down in
wagers on a normal in One Day International Cricket played anyplace on the planet. It is additionally
assessed that the worldwide wagering market was worth $3 trillion, of which, most of the wagering
occurred in the illicit market. Another investigation uncovers that the Indian Betting business sector (both
Legal and illicit) is assessed at more than Rs. 300,000/ - crores. It is trusted that the black market
syndicates and by expansion, sorted out wrongdoing, have immediate and backhanded access to a few
players and authorities.
THE UNITED STATES OF AMERICA
An awesome arrangement has been composed on sports wagering in the US in the previous a year or so
given the prominent case as of now occurring between the State of New Jersey on one side and the NFL,
NBA, NHL, MLB, NCAA and the Department of Justice on the other in regards to the legality of the
Professional and Amateur Sports Protection Act ('PASPA') (more underneath). From the embarrassments
portrayed before sports wagering has dependably been available, and to be sure common, in American
culture. To give a sign of the size of games wagering in the nation one investigation gauges that in 2008
$2.8 billion was bet lawfully in Nevada, contrasted with $380 billion bet illicitly over the US. In any case,
truly there has never been compelling control of it by either state or government. This reached a critical
stage in 1992 when the expert and school sports persuaded Congress to pass PASPA into law, making
wagering on sports a government offense in everything except four expresses, the key of which being
Nevada for Las Vegas. They persuaded Congress to do this on the accompanying grounds:
1. Ceasing the spread of games betting;
2. Maintain sport’s integrity; and
3. Reducing the promotion of sports gambling among America’s youth.
AUSTRALIA
Match-fixers could be jailed for up to 10 years after State and Territory ministers agreed in November
2011 to introduce nationally consistent criminal offences for those who engage in match-fixing conduct
or encourage others to do so.38 Minister for Sport Mark Arbib had this to say, “Australia is putting in
place a comprehensive strategy in order to deter and deal with match-fixing, consisting of codes of
conduct and education for players and officials, consistent national regulation of sports betting and now
nationally consistent criminal sanctions.”
UNITED KINGDOM
In 2014, An Anti-Corruption design was discharged by the UK government to convey the battle against
debasement to one place
"The motivation behind this arrangement is triple: to show the expansiveness of the UK's present hostile
to debasement exercises; to set out plainly the moves that administration will make to handle defilement
in the UK; and to set out our needs to raise worldwide gauges and driving the worldwide battle against
defilement in the entirety of its structures."
The Plan is proposed to apply to numerous areas in the public eye – including sport, which has its own
particular devoted segment – and its key reaction to defilement will take after four P's: Pursue, Prevent,
Protect and Prepare.39
Games Betting Group, built up in the UK by the Department for Culture, Media and Sport. The Group
unites agents from crosswise over a game to give initiative and to share great practice to address the
dangers from sports wagering defilement. It has distributed a Code of Practice for overseeing bodies.
GERMANY
The DFB-Kontrollausschuss (DFB Committee of Control) reacted to the scandal with a number of
measures intended to prevent similar incidents in the future:
1. The committee originally intended to follow the UEFA practice of designating game officials on
just two-day notice before the match, rather than on the existing schedule of four-day notice. This
suggestion was abandoned as impractical.
2. Previously, matches involving Bundesliga teams in the German Cup had not been subject to
observation by an arbitrator, but will be in the future. This fourth official will be certified for first
division matches and able to act as a substitute game official on short notice if required.
3. Substitutions may be made for the two junior game officials on the day of the match at the
direction of league officials.
4. Video replays will be used more extensively in future.
38 “Match-fixers will face jail under nationally-consistent laws”, ausport.gov.au, November 21, 2011. 18 Sweet & Maxwell’s
International Sports Law Review [2012] I.S.L.R., Issue 2 © 2012 Thomson Reuters (Professional) UK Limited and Contributors.
39 Kevin Carpenter- “Tackling match-fixing: a look at the UK’s new anti-corruption plan”, published 13th February, 2015.
5. Where a potential problem has been identified with game officials, all those involved may be
subject to an immediate interim suspension under the "Betradar" early warning system until the
issue is resolved.
6. The DFB is proposing to offer its own sports betting program for the league in 2006–07 in order
to have some control and oversight of the popular and lucrative side-line.
These measures are regarded as an immediate first step taken to manage the problem of match-fixing.
Other more detailed proposals will be put forward by an expert committee appointed to address the issue.
On 13 February 2005, the DFB announced the Ausschuss für das Problem
Spielmanipulationen (Commission for the Problem of Match Manipulation) as being made up of DFB
President Zwanziger, DFL President Hackmann, Treasurer Schmidhuber, and Secretary General Horst
Schmidt.
The DFL is also considering a departure from tradition by employing professional officials in place of the
amateurs now used. DFL President Werner Hackmann sees the controversial step as possible in light of
the recent scandal. The former chairman of the board of Hamburger SV feels that the use of full-time
referees earning a good wage could help deflect bribery attempts in the future. Former star player and
head of Germany's 2006 FIFA World Cup Organizing Committee Franz Beckenbauer expressed
opposition to the idea of employing professional officials feeling that the current system has worked quite
well and is solidly supported by the excellent training program run by the DFB. The
former FIFA referee Hellmut Krug, DFB Director of Officials (Schiedsrichterabteilung) criticized the
control system the DFB had in place because it had been known for some time that Hoyzer was making
dubious decisions, but there was no action taken. He also emphasized the more general need for observers
to prepare written match reports as is the practise for all Bundesliga matches.
RUSSIA
It is claimed that up to 40 per cent of Russian Premier League matches, and more than 50 per cent of
lower league matches, are allegedly not as competitive as they should be due to match-fixing.40
Amazingly, there are even websites where fans can buy information on exactly which matches have
already been fixed, to use for betting purposes.41 Having been awarded the football World Cup in 2018
Sergei Stepashin, the powerful head of the national audit office, said in an open letter to Prime Minister
Vladimir Putin that Russia had to draw up tough anti-match-fixing laws. As a consequence, a new law is
to be laid before Parliament which would for the first time allow criminal prosecution for match-fixing in
the country.42
40 “Russia searches for weapon against match-fixing”, Todays Zaman online, August 22, 2011.
41 Ibid.
42 “Russia set to criminalise match-fixing”, supersport.com, January 11, 2012.
India, with a population of around 1.2 billion (four times that of the US), is another notorious jurisdiction
for illegal sports betting and the match-fixing that comes with it. The nation’s favourite sport in India is
cricket, which has faced high profile cases of match-fixing over the years including that former Indian
players like Azharuddin, Sreeshanth, former South African national captain Hansie Cronje, with a recent
Sunday Times investigation described the situation thus, “The millions of cricket mad gamblers in the
teeming cities and slums of India are helping to finance something altogether more sinister – the
subversion of the sport by a network of match-fixers.” This investigation also detailed further illegality
associated with match-fixing, the use of honey traps, attractive women who ‘cosy up’ to players and
persuade them to work for underground bookmakers.43
BULGARIA
Parliament has approved legal amendments to make match-fixing and corruption in sport a crime with up
to six years’ imprisonment.
DID YOU KNOW?
Gambling, like many other things, is rarely tolerated by religion. And when it was
found that all the numbers on a roulette wheel adds up to 666, it was reason enough to
bestow on roulette the moniker of “The Devil’s Game.” For those not aware, 666 is the
number ascribed to Satan in the Bible.
According to www.masscumpulsivegambling.org, pathological gamblers are
significantly more likely to have mental health disorders and/or substance use disorders.
According to www.masscumpulsivegambling.org, a research study found that 75% of
gamblers had an alcohol disorder, 38% had a drug use disorder, and 60% were nicotine
dependent.
According to www.masscumpulsivegambling.org, a research study also found that
50% of gamblers had experienced a mood disorder, 41.3% had experienced an anxiety
disorder, and 60.8% had experienced a personality disorder.
43 ‘Bollywood honeytrap seduces cricket stars into match fixing’, Mazher Mahmood, The Sunday Times, 11 March 2012
5.4.4 Indian legislature’s history with gambling and betting
In India, gambling has been in existence from the ancient times. It can be traced back to the ancient
Indian epic, the Mahabharata. It was considered as a most popular and pleasurable experience in olden
times. The gamblers even risked their own lands, kingdoms and sometimes their own family members
also. Even in present times it is one of the most pleasurable pastimes. In fact, the mythological story of
Damayanti and Nala, further highlights, that gambling existed in ancient India and was practised by
kings and was not frowned upon by the society.
The Supreme Court, in Reeja Vs. State of Kerala44, acknowledged the anti-social effects of gambling
by elucidating a few ancient Indian texts:
“while Manu condemned gambling outright, Yajnavalkya sought to bring it under state control, but he,
too, in verse 202(2), provided that person gambling with false dice or other instruments should be
branded and punished by the king....”
Within a few days of the Delhi police arresting three Rajasthan Royals players, the Union Law
Minister Kapil Sibal announced that the Government proposes to enact a new law to deal with the
issue of match/spot fixing in sports. Mr. Sibal argued that it is not possible to effectively prosecute a
person for match/spot fixing under the existing criminal law framework. Hence, there is a need for a
special law.
A study of the constitutional debates of India gives us an insight of how our founding fathers’
perceived gambling. While Shri Seth Govind Das, during the debates held on 8th august 1949, had
proposed that India should look at creating a new moral order and therefore, should abolish bars and
gambling in totality, Shri Srijut Rohini Kumar sought to legalize gambling within the state of Assam in
order to balance the budget of the state. Dr. Ambedkar stated that the entry pertaining to gambling, as
it involved local issues should be within the purview of the state. Thus, in India, betting and gambling
fall under the Entry 34 of the state list, i.e., List II of the Schedule 7 of the constitution. The power
vests with the state to enact law relating to betting and gambling. “The Rajasthan Public Gambling
Ordinance, 1949”, “The Tamil Nadu Gaming Act, 1930”, are some of the state gambling acts. If a
broad evaluation of Gambling Acts, promulgated in India is undertaken, it will be evident that the main
purpose of these acts is not to prevent gambling but to suppress and regulate gaming in public houses.
Whenever the state intents to declare a particular form of gaming illegal, it makes an express statute to
that effect.45 Before the coming into the force of the Constitution of India, betting and gambling were
governed by a central legislation namely the Public Gambling Act, 1867, which governed aspects
relating to gambling in certain territories of India.
44 Reeja Vs. State of Kerala, 2004 (3) KLT 599
45 Gherulal Vs. Mahadevdas Maiya 1959 Supp (2) SCR 406.
DID YOU KNOW?
It has been estimated that around 80 percent of the US population has gambled in
their lifetime. Gambling can be done in various different ways and therefore is easy
for people to access.
It has been estimated that around 80 percent of the US population has gambled in
their lifetime. Gambling can be done in various different ways and therefore is easy
for people to access.
The beloved sandwich was invented by John Montagu, Earl of Sandwich, who
didn’t want to leave the casino table to eat.
Students from MIT in Cambridge, Massachusetts, ran a Blackjack team from
1979 until the early 2000s and made millions using legal, mathematically sound
counting techniques.
5.4.5 The applicable Indian criminal laws on match fixing and spot-fixing
In India, when it is guaranteed that a few demonstrations are unlawful, such attestations must show as
to which particular laws are being damaged. Only making a general charge that the action is unlawful,
without indicating which law has been damaged, isn't acknowledged.
In Subba Rao Vs. The King46,the Patna High Court held:
“it is only an offence to gamble in a common gaming house. It appears that the accused merely met on
the Diwali night for a friendly game of cards which does not constitute as an offence under the
Gambling Act.”
Now here, the question is whether spot-fixing falls within the definition of cheating and/or criminal
breach of trust, and therefore whether or not a special law is needed. It is hard to bring the present
situation within the existing Indian Penal Code (IPC) framework, because of the manner in which the
offenses are characterized in the IPC. For example, "property" is a crucial element of the offenses of
criminal breach of trust and cheating. The framers of the IPC never contemplated "property" as
reaching out past cash or other movable property. Although the Supreme Court has broadened the
definition of this term, even this expanded definition won't be adequate to convict a man for
match/spot fixing.
46 AIR 1951 Pat 405.
Criminal Breach of Trust
The offence of criminal breach of trust is defined in Section 405 of the IPC, which reads “Whoever,
being in any manner entrusted with property, or with any dominion over property, dishonestly
misappropriates that property…or willfully suffers any other person so to do, commits “criminal
breach of trust.” For a person to be found guilty of criminal breach of trust, the crucial element to be
proved by the prosecution is that “property” was entrusted to the accused. Once this is proved, the
prosecution has to establish that the person dishonestly misappropriated such property. The term
“dishonestly” is defined in the IPC (Section 24) to mean the intention to cause “wrongful gain to one
person or wrongful loss to another.” “Wrongful gain” and “wrongful loss” are defined in Section 23 of
the IPC. Wrongful gain is gaining property that the person is not entitled to, by using unlawful means;
wrongful loss is causing a person to lose property that he/she is legally entitled to.
Hence, there are various complicated elements that the prosecution has to prove to establish the
offence of criminal breach of trust. In the context of spot-fixing, the prosecution would have to prove
that “property” was entrusted to the player, which he then dishonestly misappropriated. The question
is, what constitutes “property” in this context. The Supreme Court in R.K. Dalmia v. Delhi
Administration47 [1962] ruled that the term “property” should not be given a restricted meaning. The
test should be whether “that particular kind of property can be subject to the acts covered by that
section.” This was subsequently reiterated by the Supreme Court in Common Cause v. Union of
India48 [1999], where the Court ruled that the term “property” covers only property of the kind against
which the offence of “criminal breach of trust” can be committed. As is evident from these rulings of
the Court, the decision would depend on the interpretation given by a court to the term “property.” In
the context of a player’s contractual obligations with a franchise, it may be argued that certain
elements of the contract entrust “property” to the player, which he dishonestly misappropriated by
entering into a conspiracy, and committing spot-fixing. It is certainly a difficult legal argument to
make, and might not be successful. The question then is whether it is easier to bring spot-fixing within
the offence of “cheating.”
Cheating
Cheating is defined in Section 415 of the IPC, which reads “Whoever, by deceiving any person,
fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to
consent that any person shall retain any property, or intentionally induces the person so deceived to
do or omit to do anything which he would not do or omit if he were not so deceived, and which act or
omission causes or is likely to cause damage or harm to that person in body, mind, reputation or
property, is said to cheat“. The section further says that “dishonest concealment of facts” constitutes
“deception” for the purposes of the section.
47 AIR 1962 SC 1821.
48 AIR 1999 SC 2979.
This definition has two parts to it. The first part (which is not in bold), requires the delivery of
property. If property is actually delivered, the offence falls under Section 420. If not, it falls under
Section 417, for which the maximum punishment is one year’s imprisonment. If we assume that it is
not possible to establish that “property” is involved in the current situation, the second part of Section
415 (which is in bold) is of relevance. Here, the prosecution has to prove that the accused deceived the
victim, and intentionally led that person to do or omit to do something that he/she would, or would not
have otherwise done.
Indicting a man for the offense of spot-settling under the IPC will be a testing and muddled exercise.
The chances ((pun intended) of the player being absolved are considerably higher than of his being
sentenced, essentially in light of the fact that the way in which the significant areas are worded.
Subsequently, the requirement for an extraordinary law to cover settling in sports, one that explicitly
manages the circumstance, and does not require wide and imaginative understandings to anchor a
conviction for coordinate/spot settling in sports.
DID YOU KNOW?
The Catholic and Judaic faiths have both tolerated and supported gambling in the past.
Gambling and lotteries have been used to build many public projects, including the
Great Wall of China.
Robert Mugabe, President of Zimbabwe, won a private lottery in 2000, sweeping a
prize of 100,000 Zimbabwean dollars (about US$2,600 at the time). He is the only
modern Head of State to have won the lottery.
The first casino built-in Las Vegas on Highway 91 was the Pair o Dice Club,
established in 1931. The first casino on the current Strip was El Rancho Vegas, opened
in 1941. One of the most well-known early casinos in Vegas was gangster Bugsy
Siegel’s Flamingo. Apparently, Bugsy named the casino after his show dance
girlfriend Virginia Hill’s long legs
5.4.6 International cricket council’s Anti-corruption code and a comparison with football’s
response
International Cricket Council is the leader in the fight against corruption in sports. There is a rapid growth
of betting both in legal as well as illegal markets and with every match millions of dollars are being bet
which increases the threat of the corruptors to take away the joy of the game. It is for these reasons that
the ICC's Anti-Corruption Unit (ACU) continues to pursue the three objectives of investigation,
education, and prevention.
The unit was set up in 2000 following a corruption crisis which represented the gravest challenge it had
faced since the Packer Revolution of the 1970s and the Bodyline series of the 1930s. Cricket's reputation
and integrity were tarnished and in danger of being destroyed.
Decisive and stringent action was called upon in the wake of match-fixing allegations and revelations
about South Africa captain Hansie Cronje and the captains of India and Pakistan, Mohammed Azharuddin
and Salim Malik. Eventually all three were banned for life from international cricket. Other players were
suspended, fined and warned about their future conduct following judicial and Board enquiries in several
major cricket countries.
Principle Role
To eradicate the corrupt nature, which is biased to the interests of the session of cricket by helping the
ICC and its individuals and to make a long haul obstruction to direct of a corrupt sort and match-fixing by
accommodating an expert, lasting, and secure framework.
Sir Ronnie Flanagan, one of the United Kingdom's most senior former policemen, is the Chairman of the
ICC Anti-Corruption Unit (ACU) and acts in consultation with the ICC Chief Executive, David John
Richardson. Day-to-day operational responsibility rests with the General Manager and Chief Investigator.
Charges of corrupt action are examined altogether by the Unit's Investigators, now and again with the
help of Police Officers. In help of their endeavours, the ACU's Senior Operations Manager keeps on
building a global system of contacts in both the legitimate and unlawful markets so where concerns are
raised, the Unit can initiate these connections and successfully research assertions.
All players and authorities that partake in the best level of universal cricket go through the ACU's training
program. As a major aspect of the training procedure, players are given points of interest of the manners
by which corruptors may try to 'prep' them from an early age and in addition the punishments that exist -
not only to fix all or part of a match yet in addition for tolerating cash, advantage or another reward for
the arrangement of data or neglecting to unveil the improper lead of others.
The seven Anti-Corruption Managers arrange the ACU's aversion measures. These accomplished law
requirement experts are available at each worldwide arrangement to guarantee that strict against
defilement conventions are implemented in all settings, gathering data/insight, especially around the
changing area zones.
In the meantime, in football, the FIFA thought of the Code of Ethics which is more extensive than ICC
Anti-corruption code. The Code of Ethics will apply to any direction of a player which harm the
notoriety of the game and specifically to illicit, untrustworthy and corrupt conduct.
As a focal point, Early Warning System (EWS) hopes to ensure football coordinates in all FIFA
competitions by checking and breaking down the worldwide games wagering market and through
exhaustive answering to FIFA. EWS additionally completes coordinate checking for outsiders both
inside and outside of football. The administration inside football is a piece of a coordinated general
bundle that FIFA offers to any intrigued part affiliations.
Another of EWS's territories of obligation is the data exercises on the subject of "sports betting and
match-fixing". This is gone for different intrigue gatherings, including sports associations, competitors,
state specialists, media, and so on., to make attention to the constantly developing issue. EWS is
likewise dedicated to the collaboration assertion closed in May 2011 amongst FIFA and INTERPOL,
which has the goal of combatting match-fixing and corruption in football.
5.4.7 International organizations
It is recognized that the budgetary advantages produced by sports wagering can prompt the control of
competition and be duping. As indicated by the President of the International Olympic Committee, 'it
is without a doubt the greatest risk to the game subsequent to doping' (Rogge, 2012). The
accompanying international offices and donning associations have been conspicuous in endeavouring
to forestall illicit games wagering match-fixing.
Interpol
According to Victorian Deputy Police Commissioner Ashton, Australian athletes could be groomed by
international match-fixing syndicates looking to infiltrate into local competitions. He revealed ‘that an
investigation between Interpol and Europol had found about 680 overseas football matches have been
fixed’.
In May 2010, Interpol entered into a 10-year initiative with the Fédération Internationale de Football
Association to develop and implement a global training, education and prevention program with a
focus on regular and irregular betting as well as match-fixing.
They have established a dedicated Sports Unit to develop and implement the training key people in
football on how to recognise, resist and report attempts to corrupt of fix matches.
International Olympic Committee (IOC)
The IOC first took safeguard measures to handle the issue of unlawful and unpredictable wagering five
years prior, and it has been proactive from that point forward. The IOC's Code of Ethics was corrected
in 2006 to restrict all members of the Olympic Games from wagering on Olympic occasions, and
resulting measures have been gone for bringing issues to light of the issue, shielding the honesty of the
Olympic Games and game when all is said in done, and fortifying joint effort with accomplices inside
and outside of the Olympic Movement.
To begin with, International Forum for Sports Integrity receives a guide for future action to ensure
clean competitors—the IOC has propelled the shriek blower hotline for rivalry control and other moral
issues that undermine the trustworthiness of the game. Another Olympic Agenda 2020 suggestion was
executed today when the International Forum for Sports Integrity (IFSI) met without precedent for
Lausanne at the activity of the International Olympic Committee (IOC)
World Anti-Doping Agency (WADA)
WADA was established in 1999 as a worldwide autonomous organization formed and financed
similarly by the game's development and administrations of the world. Its key exercises incorporate
logical research, training, advancement of hostile to doping limits and checking of the World Anti-
Doping (Code) which orchestrates against doping arrangements in all games and all nations. WADA
works towards a dream of an existence where all competitors contend in a without doping donning
condition. Its partner in Australia is Australian Sports Anti-Doping Authority and its connection to
coordinate settling and games wagering is portrayed in the following area.
In 2011 David Howman (WADA) proposed that composed wrongdoing bunches had turned out to be
engaged with the trafficking of medications including those on the Prohibited List. He required the
foundation of a World Sports Integrity Agency to manage, in addition to other things, the examination
of illicit wagering. This proposition has not yet been executed.
European Union (EU)
Augmented Partial Agreement on Sport (EPAS). The EPAS intends to advance game and underline its
positive qualities, to set up global measures and build up a structure for a skillet European stage of
intergovernmental sports co-activity while in the meantime helping people in general experts of part
States of the EPAS, sports leagues and NGOs to advance game and make it more beneficial, more
attractive and better administered. On 9 July 2014, the Ministers' Deputies embraced a Council of
Europe Convention on the Manipulation of Sports Competitions. The motivation behind this
Convention is to avoid, distinguish, rebuff and teach the control of games rivalries, and also to
improve the trading of data, and national and worldwide co-activity, between the general population
experts concerned, and with sports associations and games wagering administrators.
Play the Game
Play the Game is a universal gathering and correspondence activity planning to fortify the moral
establishment of a game and advance majority rule government, straightforwardness, and flexibility of
articulation in a sport. It centers upon the number of issues identified with respectability in sport,
including Match-fixing.
Sports and Recreation Alliance
The Sports and Recreation Alliance has been dynamic in campaigning pastors to fortify the
administrative condition around sports wagering. It has forced seaward wagering organizations who
work in the UK to be completely authorized. To guarantee that seaward wagering organizations (by far
most) will be liable to similar elevated expectations expected of those working in the UK which
especially guarantees that organizations share any data about suspicious wagering designs with the
Gambling Commission and with national representing bodies. It is currently concentrating on settling
different issues for sport including how administering bodies can help figure out what kinds of
wagering can be made on their game.
In an analysis piece 'What's the greatest risk to the eventual fate of the game?'. Patrick Coyne talks
about worldwide match-settling and what the world is doing to guarantee the eventual fate of the
game.
Sports Betting Integrity Forum
The SBIF unites delegates from sports administering bodies, player affiliations, wagering
administrators and exchange affiliations, law authorization and betting direction to handle sports
wagering debasement. One of the SBIF's key parts is to regulate the execution of the Sports and Sports
Betting Integrity Action Plan.
The new site gives a focal center point to data on the SBIF's methodology to address the dangers
related to coordinate settling to encourage save and ensure sports wagering honesty in the UK. A scope
of best practice items and assets are accessible on the site, which incorporates cases of training projects
and avoidance procedures, models of best practice, contextual investigations, and significant research
and reports.
SportAccord
This is an umbrella association for both Olympic and non-Olympic worldwide games leagues and in
addition coordinators of universal donning occasions arranged in Switzerland. There are 91 full
individuals from universal games leagues representing particular games worldwide and 16 relate part
associations. They claim to facilitate and ensure normal points and interests of their part associations
while monitoring and regarding their self-sufficiency. Their primary accentuation in the course of the
most recent five years has been on safeguarding the respectability of game with specific worry for
doping, deceiving, and debasement through wagering and match-fixing.
In 2011 SportAccord distributed a Code of Conduct on Sports Betting Integrity for Athletes and
Official' and they have distributed 'Model Rules' on Sports trustworthiness for every single
International Sports Federations and Organizations. It likewise has built up an e-learning worldwide
program to aid the training of game division people and associations about match-settling in sports
which was discharged in January 2012.
Sports Radar
Sports radar Fraud Detection System (FDS). The FDS is an extraordinary administration that
distinguishes wagering-related control in the game. This is conceivable because of the FDS's advanced
calculations and always kept up a database of both chances and individual extortion scores, which
together are deciphered with the end goal of match-settling location.
DID YOU KNOW?
• The word poker is derived from the German word “pochen”, which means to brag
or bluff.
• Gambling has been around since the dawn of civilization. The first recorded
taxation and regulation of gambling appeared in 4th century BC.
Universal Tennis Federation broadens organization with Sport radar, Daniel Etchells, Inside the
Games, (December 2015). The International Tennis Federation (ITF) has today broadened its
concurrence with official information gatherer Sportradar AG for an extra five years. Swiss-based
Sportradar, a worldwide pioneer in its field, has gathered and prepared information for the ITF since
2012, supporting the Federation's inner trustworthiness forms.
5.4.8. CLUB POLICIES AND PROCEDURES
Each sporting club must make it a point that there are applicable approaches and methodology are
unblemished and they are imparted and made mindful of successfully to everybody associated with the
club.
The approaches ought to be encircled on the accompanying perspectives which are viewed as critical:
Child Protection Policy
Game enables youngsters to develop and create and can give chances to happiness and
accomplishment. Through games, kids can create profitable characteristics, for example,
administration, certainty, and confidence. Each youngster and youngster has the privilege to have a
great time, be protected and free from hurt in the case of preparing for the nearby group, playing for a
neighborhood club or speaking to a game and nation at the worldwide level.
It is fundamental that games clubs/associations embrace great practice when managing kids and
guarantee that their security is principal. This will guarantee that they can appreciate the game in a
sheltered and secure condition where they feel ensured and enabled to settle on the most appropriate
decisions. Furnishing kids with positive donning encounters imply that they will probably accomplish
their actual potential.
This ought to include:
1. When and how to report a worry, charge, divulgence about poor practice or conceivable
mishandle.
2. Who to contact should a kid welfare occurrence or concern emerge
3. Guidelines of gathering by guardians/carers (counting what to do if a parent/carer is late when
gathering a member).
4. If important rules in physical contact.
5. Remember it isn't the duty of the club/association to choose if a tyke is being mishandled yet to
follow up on any worries you may have.
Code of conduct/behaviour
Codes of conduct/behaviour should be in place for; coaches, volunteers, spectators, parents/carers and
participants. These should be promoted to and adopted by everyone concerned.
This should include details of:
1. Risk assessment procedures.
2. Participants consent forms (including details of emergency contacts, medical history, special
requirements and where necessary consent for photography and/or video to be taken).
3. How to respond to an incident or accident.
4. Who is contact/s should a health & safety concern arise.
Equity Policy/Statement
This should reflect that the rights, dignity, and worth of everyone should be respected and everyone
should be treated equally within the context of their sport. This should be reflected in the club’s/
organizations constitution.
Recruitment and Screening
All sports coaches, leaders, officials, volunteers and paid staff who have direct contact with children
and young people must be appropriately screened to establish suitability to work with this age group,
this should include:
1. The successful completion of an enhanced Disclosure and Barring Service (DBS) check (NB:
anyone declining a DBS check should not be allowed to work with children or young people)49
2. A minimum of 2 references is taken and followed up.
3. Qualifications are checked.
Child Protection/Welfare Officer/s
All sports clubs must have an assigned kid security/welfare officer set up. There ought to likewise be a
representative officer to offer help. The child insurance/welfare officer/sought to be in charge of the
execution of the youngster security strategy and ought to have a particular part portrayal set up.
The club/association ought to likewise guarantee that the assigned officer/s has the suitable preparing
and has bolster from the club advisory group. Sport's National Governing Bodies with giving counsel
and direction to sports clubs on the part of the youngster security/welfare officer.
National Governing Body (NGB) Officers
Most NGB’s have appointed a designated child protection/welfare officer. These officers can provide
further advice and guidance to designated officers within sports clubs.50
49 <www.gov.uk/government/organisations/disclosure-and-barring-service>
The perception of a problem of match-fixing can be as serious a threat as the actual problem itself, so
both are important to tackle.51 Furthermore, no longer should those convicted of doping offences be
vilified more than convicted participants in match-fixing, as CAS reasons succinctly: “[match-fixing]
touches at the very essence of the principle of loyalty, integrity and sportsmanship.”52 The expanding
nearness of lawbreakers over the sporting range ought to be a worry for all partners and give extra
catalyst to the proceeding with the requirement for coordinated action on a worldwide scale, primarily
given that sorted out wrongdoing never loses cash in unlawful betting tasks: somehow they make a
benefit. Ronald K. Respectable featured the gravity of the expanding criminal nearness consummately:
“organised criminals frequently engage in loan-sharking and use intimidation and violence to collect
debts, forcing their desperate, indebted victims into drug smuggling and their family members into
prostitution”.53 If that does not make you sit up and take notice, then nothing will.
5.5 SPORTS AND TECHNOLOGY
5.5.1 Introduction
From the underlying long stretches of when innovation was presented in sports, we've progressed
significantly from empowering individuals around the globe to spectate wears most of the way over
the globe to utilizing innovation to enhance execution, reasonable play and basic leadership in all
games. There are two inverse prongs to the verbal confrontation in regards to the utility of utilizing
innovation in sports. On one side, the utilization of innovation has previously mentioned advantages,
for example, reasonable play and right basic leadership which makes the game more agreeable to
spectate and then again, it backs off the speed of the diversion, breaking the pace, additionally the
untrustworthy utilization of innovation has likewise raised a few eyebrows, scrutinizing the positive
effect that the innovation has had on sports. Throughout this subject, we will examine the effect
innovation has had on sports, investigating the positive and negative perspectives thereto.
50 http://www.livingsport.co.uk/safe-sport/for-sports-clubs-organisations/
51 “Examination of threats to integrity of sports”, Section 4.3, Oxford Research A/S, April 2010
52 CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA.
53 “FIFA’s historic contribution to INTERPOL in fight against match-fixing”, FIFA.com, May 9, 2011
5.5.2 Impact on Performance in Sport “Faster, Higher, Stronger?”
The utilization of technology in a game was The Olympics Motto reads, ‘Faster, Higher,
most as of late made in huge number in the Rio Stronger”, however technological advances have
Paralympics. The advancement of technology often been resisted on the grounds that the
in Paralympics has enhanced the execution of Olympics seeks to promote fair competition.
members as well as empowered more members The full-body swimsuits caught attention of the
to contend considering that technology has public at 2000 Summer Olympic Games. By the
enhanced after some time and has suited the use of those swimsuits, the performance of the
extremely impaired states of individuals, along swimmers dramatically improved. Around 43
these lines giving them adequate chance to records were broken in 40 events in the 2009
partake. Until the Rio Paralympics, most World Swimming Championship and 130 records
outwardly impeded swimmers were guided by broken in less than a year. Subsequently, the usage
sound, physical care staff, tappers or froth of such full body swimsuits was banned. However,
tipped bars to explore the pool. Be that as it the swimmers who created such records were
may, High tech swim tops were utilized which allowed to maintain them, putting the future
empowered the mentor to send vibration generations at a disadvantage.
signals illuminating the swimmers about when
they have to turn toward the finish of the path.
Another instance of the positive impact that technology has had over the sport is the usage of Smart
Helmets in NFL (National Football League, USA) and NHL (National Hockey League, USA, and
Canada). Concussions in the sport had started ruining the careers of sportspersons. Not only the impact
but also the non-disclosure of such concussion and improper information on the injury were also
considered as important factors to be considered. The Smart Helmets were a product of a suit filed by
former NFL players in the backdrop of the league’s failure to protect the players properly and
concealing of knowledge about the long-term effects of concussions.54 The Helmet has a new sensor
and magnetic technology which might help in reduction of risk of brain injury. The magnet doesn’t
only help in detection, but it also helps in absorption of the force. Smart helmets have the potential to
revolutionize the sports world. Despite these helmets only being created for the NFL thus far, once the
technology is finalized, it can be broadened for other sports that carry a high-risk of traumatic brain
54 Shayna Goldman, “The 5 Most Important Ways Technology Forever Changed Sports in 2014”, January 1, 2015
<http://www.sporttechie.com/2015/01/01/sports/nfl/the-5-most-important-ways-technology-forever-changed-sports-in-
2014/>.
injuries: hockey, snowboarding, skiing, rugby, lacrosse, and so on. Not only could these helmets
improve sports by keeping players in the game, but, ultimately, it could help save lives.55
Greek runner Michail Seitis set a world record for his division with a time of 49.66 seconds in the
men's 400-meter final on Thursday. He came in sixth place out of eight runners. The five who finished
ahead of him were double amputees.56 Technology has although made the participants better off in
terms of participation, however better usage of such technology in terms of better policy formulation
and implementation is necessary. Double amputees clearly have had a better chance at winning races
than single amputees, which signifies the need for creation of different categories of competitions.
Using the technology by putting all the participants in the same pool, in a straightjacket manner would
only display inequality and unfairness in competition making some more equal than the others.
5.5.3 Impact on Gameplay
Technology has widely assisted referees and umpires to improve fair decision making over a period of
time but has also been criticized for reducing the pace of the game thereby making a game less
interesting to spectate. The instant replay system is the most used piece of technology across all the
sports, enabling the referees to refer to the clip and make the right call. In cricket, the third umpire who
communicates with the umpires on the field and often adjudicates upon such on-field disputes
normally performs the task. The Umpire Decision Review System (DRS) in cricket has attracted
mixed emotions from various stakeholders. In 2011, the ICC initially made the System compulsory for
all the matches, but later it was made optional thereby depending upon the consent of the competing
teams. Former umpire Dickie Bird has stated that it undermined the authority of the umpires on the
field. The Indian team was skeptical of adopting a system that was near perfect, and Saeed Ajmal of
Pakistan criticized the system saying that the system showing the deviation of the ball from the line
more than it actually did.
The Hawkeye technology has been well accepted in certain sports but hasn’t been completely accepted
in sports like cricket as already mentioned. Tennis has made use of the technology by establishing a
line review system, reviewing the contentious line calls. Similarly, football has made use of the
technology to determine offside positions in the game and to determine, in contested, whether the ball
has crossed the goal line.
5.5.4 Impact on Commerciality and Popularity of a Sport
55 Supra note 54.
56 Garrett Ross, “Technology at Rio 2016 Paralympics sparks advances and controversy”, September 19, 2016 available at
< http://mashable.com/2016/09/19/rio-paralympics-tech-controversy/#j82RjTx9.qqD >.
In the recent years, sports have been spectated throughout the world, although when they are simulated
in only a particular region. National Hockey League, simulated in USA and Canada has fans across the
globe. Digital Media and online streaming has taken the benefit of internet and has made sports more
accessible in absence of televisions. Sochi Olympic coverage was more extensive than ever before in
2014. If a viewer was unable to watch on the television but had a cable provider, there was full
coverage through NBC on both NBC.com and NBC Sports LiveExtra.57 The 2014 Sochi Olympic
Games eclipsed the Vancouver Games by 29 per cent. 58
However, such widespread media coverage isn’t necessarily a boon. Although it improves the
popularity and accessibility of a sport, it still impedes the commercial success of a sport at a very grass
root level. There is a constant problem of declining ticket sales across the National Football League in
the USA. The increased price of the ticket deters people from spectating the matches in stadiums and
on the same hand; the decreased rates of a flat-screen television ensure that the TV ratings are
incredible. It not only affects the commerciality of the team which owns the stadium but also damages
the stadium experience. There might be a requirement for certain regulation on the amount of content
that could be publicized on digital media, or as Star Sports did in India, while directing the audience to
their website for online live streaming, it delayed the online live coverage which ran 5 minutes slower
than the coverage on TV, thereby still encouraging people to spectate it on Television. A similar model
could be established to cope up with the difficult of declining ticket sales.
5.6 APPLICATION OF THE WADA CODE
5.6.1 Introduction
The World Anti-Doping Code (Code) is the core document that harmonizes anti-doping policies, rules,
and regulations within sports organizations and among public authorities around the world. It works in
conjunction with five International Standards which aim to foster consistency among anti-doping
organizations in various areas: testing; laboratories; Therapeutic Use Exemptions (TUEs); the List of
Prohibited Substances and Methods; and the protection of privacy and personal information.59
This unified approach addresses problems that previously arose from disjointed and uncoordinated
anti-doping efforts, including, among others: a scarcity and splintering of resources required to
conduct research and testing; a lack of knowledge about specific substances and procedures being used
57 Supra note 54.
58 Ibid.
59 World Anti-Doping Agency, “The Code” 2015 available at < https://www.wada-ama.org/en/what-we-do/the-code>.
and to what degree; and an inconsistent approach to sanctions for those athletes found guilty of
doping.60
5.6.2 Salient Features of WADA Code and the changed made in the 2015 revised Code
The World Anti-Doping Code was first adopted in 2003, took effect in 2004, and was then amended
effective 1 January 2009. The most recent change was made when the document incorporated
revisions to the World Anti-Doping Code that were approved by the World Anti-Doping Agency
Foundation Board in Johannesburg, South Africa on 15 November 2013. The revised 2015 World
Anti-Doping Code is effective as of 1 January 2015.
We shall be focusing on the changes proposed in the revised 2015 WADA Code in order to discuss its
implementation in the current context.
The key thematic changes made in the revised 2015 WADA Code61 are:
Differentiated Treatment Based on the Type of Substance Banned In-Competition in the
Definition of “Intentional”: The revised WADA Code states the conditions determining the
severity of the sanction upon the intentional character of the anti-doping rule violation (Article
10.2). The amendment touches upon the definition of the word ‘intentional’ as mentioned in the
Code. Unintentional consumers of banned substances, commonly; consuming undisclosed
substances may exercise the opportunity of facing reduced sanction under the Code. If an athlete
proves that the origin of a banned substance was a ‘contaminated product’ and that they didn’t
intentionally consume and they weren’t at fault or were negligent, then they could be entitled to
reduced sanction under the Code. Further, the sanction can be placed for a period ranging from 0-
2 years on a case-by-case basis. The purpose behind such a change is to differentiate between
intentional and unintentional dopers.
Sanction for “Cheaters”: Those intentional dopers who cheat under the influence of such banned
substances shall be sanctioned for 4 years under the revised 2015 Code. Cheaters are those
athletes who intentionally and knowingly consume the prohibited substances while being aware
that they are violating the rules of the Code. The said rule is governed by the provision mentioned
under Article 10.2.1 of the Code, which states-
“10.2.1 The period of Ineligibility shall be four years where:
60 Ibid.
61 Prof. Dr. Antonio Rigozzi, Marjolaine Viret & Emily Wisnosky, “Latest Changes to the 2015 WADA Code- Fairer,
Smarter, Clearer… and not quite Finished”, January 20, 2014 available at < http://lk-k.com/wp-content/uploads/RIGOZZI-
VIRET-WISNOSKY-Latest-Changes-to-the-2015-WADA-Code-Jusletter-20-January-2014.pdf >.
10.2.1. The anti-doping rule violation does not involve a Specified Substance, unless the
Athlete or other Person can establish that the anti-doping rule violation was not intentional.
10.2.1.2 The anti-doping rule violation involves a Specified Substance and the Anti-Doping
Organization can establish that the anti-doping rule violation was intentional.”
The individuals who deliberately attempt to dodge the assessment system whereby they keep away
from tests among procedural prerequisites will likewise be obligated to be authorized. Further,
people who help in trafficking or overseeing such substances will likewise be restricted for a long
time, and those providing it to minors would be prohibited for lifetime.
Prohibited Association with previously sanctioned athletes or support staff: A provision of
this sort has never been enacted before. It restricts an athlete from associating with another athlete
or an athlete’s support person who has previously been found violating the anti-doping rules. The
aforementioned provision is governed by Article 2.10, whereby it is stated-
“Article 2.10 defines “Prohibited Association” as:
2.10 - Prohibited Association
Association by an Athlete or other Person subject to the authority of an Anti-Doping
Organization in a professional or sport-related capacity with any Athlete Support Person
who:
2.10.1 If subject to the authority of an Anti-Doping Organization, is serving a period of
Ineligibility; or
2.10.2 If not subject to the authority of an Anti-Doping Organization, and where Ineligibility
has not been addressed in a results management process pursuant to the Code, has been
convicted or found in a criminal, disciplinary or professional proceeding to have engaged in
conduct which would have constituted a violation of anti-doping rules if Code-compliant rules
had been applicable to such Person…; or
2.10.3 Is serving as a front or intermediary for an individual described in Article 2.10.1 or
2.10.2.”
The WADA Code prescribes that the athlete entering into a prohibited association need be
reasonably advised about the consequences of such association. The athlete has to be notified in
writing about the potential consequence of prohibited association. In case an athlete is accused of
prohibited association, it is his/her burden to show that the relationship is not professional. The
term ‘association’ has also been defined in the Code, whereby it refers to getting training advice,
discussing competitive strategy, or technique and/or obtaining medical advice from a person who
has previously been sanctioned for doping.62
5.6.3 Implementation of the WADA Code in European Union Countries and India
European Union
The WADA Code has been incorporated in the EU Countries in diverse ways. 10 countries of the
European Union have implemented the WADA Code in a Doping Act, 5 in a Sports Act, 2 have
incorporated the Doping rules in regulations of sports authorities and 9 have implemented the
provisions in other Acts. The anti-doping rules prescribed by the WADA Code have found its way into
the national legislation of a majority of countries whereby in 20 countries, no difference exists between
the Code and the domestic law. There are certain EU Countries which have certain differing provisions
in the domestic law which relate to63:
Publication of doping sanctions
Contracts on doping controls concluded with sport organizations;
Dissemination of personal information;
Frequency of in- and out-of competition doping controls;
The modality of doping sanctions;
Quality of doping control officers;
The right to appeal;
The use of ADAMS;
The whereabouts issue.
The vast majority of the nation’s additionally make unlimited utilization of the Anti-Doping
Administration and Management System database; which WADA makes accessible to all partners. In
particular, more than 10 nations influence unhindered to use; around 6 make limited utilize and the
others either are at present during the time spent actualizing ADAMS or don't make utilization of such
office.
62 Paul J. Greene, “A Short Guide to the Changes under the World Anti-Doping Code 2015”, February 4, 2015 available at
<http://www.lawinsport.com/articles/item/a-short-guide-to-the-changes-under-the-world-anti-doping-code-
2015#references>.
63 Flemish Minister Responsible for Sport in View of the Belgian Presidency of the European Union in the Second Half of
2010, “The Implementation of the WADA Code in the European Union”, August, 2010 available at
<http://www.dopinglijn.be/fileadmin/media/Asserstudie/rapportAsserstudie_EN.pdf >.
Aside from speaking with different NADOs and Wada, which NADOs are obliged to do if there
should be an occurrence of a positive financing, all NADOs have their own particular circles in which
data is traded. More than 18 EU nations perceive and complete doing sanctions forced by remote
ADOs.
India
India is one of the initial followers of the WADA Code and the National Anti-Doping Agency
(NADA) established under Society Registration Act 1860, is in line with the WADA Code and has
been updated to incorporate the changes prescribed by the revised WADA Code of 2015.
The primary functions of NADA have been mentioned below64:
To implement the Anti-Doping Code to achieve compliance by all sporting organizations in the
country
To coordinate dope testing program through all participating stakeholders
To promote anti-doping research and education to inculcate the value of dope free sports.
To adopt best practice standards and quality systems to enable effective implementation and
continual improvement of the program.
The regulations of NADA are in line with the regulations of WADA. Recent provisions like those on
Prohibited Association have also been incorporated in India. The latest WADA Prohibited Substances
List shall also be implemented in India from the 1st of January 2017. The NADA also tests the samples
only in laboratories accredited or otherwise approved by WADA.
Further elaborate policies of NADA and its acceptance of the WADA Code are mentioned in the
document released by the NADA.65
64 National Anti-Doping Agency, “Primary Functions”, August 4, 2014
<http://www.nada.nic.in/View/PRIMARYFUNCTION.aspx>.
65 <http://nada.nic.in/View/Downloads/writereaddata/NADA_Anti_Doping_Rules_2015.pdf.>
5.7 THERAPEUTIC USE EXEMPTION
5.7.1 Introduction
Athletes, like all people, may have illnesses or conditions that require them to take particular
medications or undergo procedures. If the medication or method an athlete requires to treat an illness
or condition happens to fall under the Prohibited List, a Therapeutic Use Exemption (TUE) may give
that athlete the authorization to take the needed medicine or method. TUEs are granted according to
the International Standard for TUEs (ISTUE), a document outlining the conditions, the stakeholder
responsibilities, and the TUE process.66
A TUE may be granted to any athlete who is subject to doping control, who must ensure that before
taking prohibited medication he procures a TUE. An application is to be ideally made at least 30 days
in advance, however, in cases of emergency, a TUE may be granted even retroactively. A certificate is
to be taken from an appropriate Anti-Doping Organization (ADO).
The criteria are for granting a TUE is67:
The athlete would experience significant health problems without taking the prohibited substance
or method;
The therapeutic use of the substance would not produce significant enhancement of performance;
There is no reasonable therapeutic alternative to the use of the otherwise prohibited substance or
method;
The requirement to use that substance or method is not due to the prior use of the substance or
method without a TUE which was prohibited at the time of use.
The appropriate ADO determines the sufficiency of a TUE application, and more specifically it’s the
Therapeutic Use Exemption Committee (TUEC), which determines the genuineness of the application
and where it meets the criteria laid down by the Guidelines.
5.7.2 Legislation and Appropriate Governing Body
66 World Anti-Doping Agency, “Frequently Asked Questions: Therapeutic Use Exemption (TUE)”, updated 2016 available
at < https://www.wada-ama.org/en/questions-answers/therapeutic-use-exemption-tue#item-726>.
67 World Anti-Doping Agency, “Frequently Asked Questions: Therapeutic Use Exemption (TUE)”, updated 2016 available
at < https://www.wada-ama.org/en/questions-answers/therapeutic-use-exemption-tue#item-726>.
As mentioned in a WADA document on Therapeutic Exemption, “The International Standard for
Therapeutic Use Exemptions is a mandatory International Standard developed as part of the World
Anti-Doping Program. The purpose of the International Standard for Therapeutic Use Exemptions is to
establish (a) the conditions that must be satisfied in order for a Therapeutic Use Exemption (or TUE)
to be granted, permitting the presence of a Prohibited Substance in an Athlete’s Sample or the
Athlete’s Use or Attempted Use, Possession and/or Administration or Attempted Administration of a
Prohibited Substance or Prohibited Method for therapeutic reasons; (b) the responsibilities imposed on
Anti-Doping Organizations in making and communicating TUE decisions; (c) the process for an
Athlete to apply for a TUE; (d) the process for an Athlete to get a TUE granted by one Anti-Doping
Organization recognized by another Anti-Doping Organization; (e) the process for WADA to review
TUE decisions; and (f) the strict confidentiality provisions that apply to the TUE process.”68
For major events, which happen at an Procedure to obtain TUE Certificate in India
international scale, the respective international Therepeutic Use Exemption certificate is
granted by National Anti-Doping Authority
federation is responsible for examining the TUE (NADA) in India.
A form is to be submitted to the NADA which
application and granting the certificate. For shall grant a certificate on the basis of the
evaluation of the form.
example, in case of Olympics, the International The form requires the sportspersons to
mention:
Olympic Committee is an appropriate
Personal Information
international federation. National-level Medical Information
Medication Details
sportspersons and athletes are to take a TUE Certification by medical
practitioner
Certificate from their respective NADOs. Athelete’s Declaration
When a national level athlete becomes an It is to be kept in mind that incomplete
applications aren’t accepted.
international level athlete, the athlete is to submit
an application within 30 days to the appropriate
International Federation.
A TUE granted by an International Federation
overrides the authority of a National Federation.
Hence in this regard, a TUE granted by a National
Federation isn’t necessarily accepted by the
International Federation, however, if granted by
the International Federation, has to be accepted
by the National Federation.
5.7.3 The interlink of ADAMS and TUEs
68 World Anti-Doping Agency, “Therapeutic Use Exemptions”, January, 2015 available at < https://wada-main-
prod.s3.amazonaws.com/resources/files/WADA-2015-ISTUE-Final-EN.pdf >.
The Anti-Doping Administration and Management System (ADAMS) is a centralized Web-based
database management tool which allows for the entry and storage of data, as well as sharing and
reporting of such data in a highly-secured environment, which restricts access only to relevant
authorized parties.69
The TUE management module in ADAMS allows for the following operations to be carried out:
Online submission of TUE applications by Athletes;
Online submission of TUE applications by Athlete physicians;
Online submission of TUE applications by ADOs to TUEC physicians;
Online management of TUE applications;
Notification of receipt to Athletes;
Notification of refusal to grant a TUE to Athletes;
Sending of TUE certificates to Athletes;
Online notification of the expiry/change in status of a TUE to relevant parties;
Sharing of information relating to the TUE with all relevant parties;
Recognition by IF of TUE granted by NADOs;
Link between TUEs and AAFs;
Search function and printing of reports.70
The ADAMS helps all the stakeholders in easing the process of data management and reducing the
chances of leakage of data. It enables the athletes to easily fill online forms and submits the TUE
application online. It also gives necessary online notifications regarding the status of the application to
the athletes. Similarly, it makes access to the applications of the athletes a less cumbersome process for
the doctors/ physicians.
5.7.4 Possible misuse of Therapeutic Use Exemption
Recently, Hackers Fancy Bears this week released athletes' stolen TUE medical files. Russia president
Vladimir Putin said that he "did not support what the hackers have been doing", but suggested the
leaks "raised many questions".71 The assertion and other questionable claims were put forth because
the use of many banned prohibited substances is permitted when granted a TUE. Methylphenidate, for
example, is a stimulant that helps improve brain function in people with ADHD, but it could also help
improve an athlete's performance and is only allowed to be used by elite performers with medical
69 World Anti-Doping Agency, “Therapeutic Use Exemptions: Guidelines Version 6.0” January, 2012 available at
<https://wada-main-prod.s3.amazonaws.com/resources/files/WADA_TUE_Guidelines_V6.0_EN.pdf >.
70 World Anti-Doping Agency, “Therapeutic Use Exemptions: Guidelines Version 6.0” January, 2012 available at
<https://wada-main-prod.s3.amazonaws.com/resources/files/WADA_TUE_Guidelines_V6.0_EN.pdf >.
71 Sport BBC, “TUE System can be abused by athletes- Dr Richard McLaren”, September 16, 2016 available at
<http://www.bbc.com/sport/37382825>.
approval.72 The consumption of such drugs is often unregulated, which might give an unfair advantage
to a participant under the aegis of a TUE. There is a need for regulation of consumption of such drugs
to weed out the cons of an important policy development like granting of a Therapeutic Use
Exemption.
5.8 SANCTIONS
Rule 6 of the Olympics Charter provides that “The Olympic Games are competitions between athletes
in individual or team events and not between countries”.73 Yet the sports and the political arena often
merge, and connections have arisen which don’t necessarily promote the competitive spirit of sports in
good faith. There have been multiple occasions where Olympic games have been boycotted by
numerous nations at the backdrop of political controversies between nations.
The general principles of international law Sanctioning principles under International Law
are often used to justify such application of
sanctions via sports. Although the diplomatic Reprisal: Reprisal is a principle under international
use of power over sports competition is law wherein there is a limited and deliberate
considered to be illegal, in past Canada’s violation of international law to punish another
refusal to issue visas to members of the sovereign state that has already broken certain
Taiwanese Olympic team in 1976 serves as a international laws.
salient example of such a violation of the UN
Charter which prohibits coercion by one Retorsion: Retorsion are although unfriendly acts
nation towards another.74 against the acts of another sovereign state, but they
The Olympic Charter tries to ensure that still are considered lawful in nature. Example: the
there is no political pressure exerted in the will of an independent state to not send
domain of sports. In its endeavor to do so, representatives from the country in certain Games to
Rule 6 of the Olympic Charter lays down the a particular country.
type of competition to be expected in
Olympic games at an international stage, and at a national stage, it tries to bind the National Olympic
72 Sport BBC, “TUE System can be abused by athletes- Dr Richard McLaren”, September 16, 2016 available at
<http://www.bbc.com/sport/37382825>.
73 International Olympic Committee, “Olympic Charter”, August 2, 2015 available at
<https://stillmed.olympic.org/Documents/olympic_charter_en.pdf >. at
74 James A.R. Nafziger, “Nonaggressive Sanctions in the International Sports Arena”, 1983 available
<http://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1808&context=jil >.
Committees to ensure that it is free from all political pressure and that it implements all the by-laws in
its true spirit.
Although efforts were made by the International Olympic Committee to bind the National Olympic
Committees which appropriate rules, however, the conduct of the nations were still unregulated in
terms of their involvement with the sporting activities affecting Olympics in their own nation. In an
endeavor to ensure bind the nations, the idea of a Draft Declaration Relating to the Protection of
Olympic games was proposed in 1982. A Declaration was preferred over a Convention due to the
formulation of a Declaration being a hassle-free process and that the main purpose was to imbibe the
Rules of Olympics in international law by ratifying the legal status of the International Olympic
Committee. The Declaration was to be presented before the United Nations General Assembly.
The text of the Draft Declaration has been given below:
The Draft Declaration Relating to the Protection of the Olympic Games
1. Taking note of the spirit of the Olympic principles which govern the organization of the
Olympic Games.
2. Endorsing the following aims of the Olympic Movement:
a) to promote the development of those physical and moral qualities which are the basis of
sport;
b) to educate young people through sport in a spirit of better understanding between each
other and of friendship, thereby helping to build a better and more peaceful world;
c) to spread the Olympic principles throughout the world, thereby creating international
goodwill;
d) to bring together the athletes of the world in the great fouryearly sport festival, the
Olympic Games.
3. Noting with satisfaction that consistent with other declarations of the General Assembly, the
Olympic Movement prohibits discrimination on the grounds of race, religion or politics.
4. Recalling its belief that international sporting contacts based on the Olympic principles can
play a positive role in promoting peace and the development of friendly relations among
nations of the world.
5. Desirous of preserving the Olympic Games as a celebration of the aims and objectives of the
Olympic Movement, to be organised and held in the best possible conditions and with the
widest possible participation.
6. Desirous also of facilitating participating in the Olympic Games by athletes and officials
from all National Olympic Committees recognised by the International Olympic Committee.
7. Desirous also of protecting the celebration of the Olympic Games from the possible adverse
consequence of international tensions.
8. Noting also that selection of host cities for the Olympic Games by the International Olympic
Committee is and should be based solely on the ability of such cities to organise the Olympic
Games. declares:
1. that Member States shall recognise and protect the celebration of the Olympic Games.
2. that free and unhindered access to Olympic sites and venues be granted to Olympic
athletes and officials during the Olympic Games and a reasonable period prior to and
immediately thereafter.
3. that Member States shall refrain from any discrimination by reason of race, religion or
politics and from any action in relation to the Olympic Games for purposes other than
furthering the aims of the Olympic Movement.
4. that Member States shall respect the purpose and tasks of the National Olympic
Committees in their territories recognized by the International Olympic Committee.
However, in 1983, the authorities decided against presentation of the Draft Declaration because,
apparently, the IOC feared that the political climate in 1983 would cause loss of control of the
Declaration once it reached the floor of the United Nations General Assembly.75
75 David J. Ettinger, “The Legal Status of the International Olympic Committee”, January 1992 available at
<http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1101&context=pilr >.
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