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Published by Enhelion, 2019-11-24 08:06:20

SL_Module_7

SL_Module_7

MODULE 7:
MATCH-FIXING, BETTING, AND

GAMBLING

WHAT WILL WE LEARN? 1. INTRODUCTION

• An Introduction to the module Sport is a contest between two individuals or
teams who agree to contest with each other
• Treatment of gambling in different under agreed terms and conditions. The
essential component of this sport is the
countries. uncertainty of the outcome. This uncertainty
makes it different from arts and science. If
• Indian legislative history for tackling the outcome is pre-determined, it will
remove the most essential part of the game
match-fixing and gambling

• Criminal Law provisions against match-

fixing and spot-fixing.

• International Standards and

Organisations administrating those

standards.

• Sport Clubs and their procedure for

administering match-fixing and gambling.

and that’s what match-fixing does.

It is necessary to distinguish between Gambling and Betting in sports. Gambling is an act
of putting monetary stakes on a game of pure chance, whereas betting, in sports, is an act of
wagering upon an ultimate outcome of an event which involves, predominantly, an element
of skill. Whereas gambling is solely based on game of chance, betting in sports is based on
the skill of the participants, although there is an element of chance given that the outcome
is uncertain.

Modern sports and betting are terms that go hand-in-hand. However, the varying concerns
related to the negative aspects of betting have been a constant theme that has accompanied
sports throughout history. Betting and Gambling are long established habits in sport.
Aspects relating to betting, such as manipulation of a sporting event, involvement of huge
amounts of black money, perceived anti-social nature of betting, this only allows a very
small number of players to win.1

1 Marios Papaloukas, ‘Betting on Sports Events’, presented at IASL Congress, Warsaw. <
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1527576>

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.

2. THE TREATMENT OF GAMBLING LAWS IN VARIOUS JURISDICTIONS.

Governments of the nations, where it is legalised, benefit financially by imposing levies on
sports betting. In America, the State of Nevada takes in almost US$2 billion in betting every
year via more than 150 sports bookies in the state. This is just a small percentage, however,
of the money put in sports bets worldwide. An article published in ESPN magazine in 2003,
estimated that the online sports betting industry takes US$63 billion a year. It has also been
estimated that one in every four Americans, bets on a sporting event at least once a year and
that 15 per cent of the US population bets on sports regularly.2 It is also estimated that about
Rs.72 crores is placed in bets on an average in One Day International Cricket played
anywhere in the world.3 It is also estimated that the global betting market was worth $3
trillion, of which, majority of the betting took place in the illegal market.4 Another study
reveals that the Indian Betting market (both Legal and illegal) is estimated at more than Rs.
300,000/- crores.5 It is believed that the underworld syndicates and by extension, organised
crime, have direct and indirect access to several players and officials.

THE UNITED STATES OF AMERICA

A great deal has been written on sports betting in the US in the past 12 months or so given
the high-profile litigation currently taking place between the State of New Jersey on one side
and the NFL, NBA, NHL, MLB, NCAA and the Department of Justice on the other regarding
the constitutionality of the Professional and Amateur Sports Protection Act (‘PASPA’) (more
below). From the scandals described earlier sports betting has always been present, and indeed
prevalent, in American society. To give an indication of the scale of sports betting in the
country one study estimates that in 2008 $2.8 billion was wagered legally in Nevada, compared
to $380 billion wagered illegally across the US . However historically there has never been
effective regulation of it by either state or federal government. This came to a head in 1992
when the professional and college sports convinced Congress to pass PASPA into law, making
betting on sports a federal offence in all but four states, the principal of which being Nevada
for Las Vegas. They convinced Congress to do this on the following grounds: 1. Stopping the
spread of sports gambling;

2 ‘Top Sports for Illegal Wagers’.
3 Sir Paul Condon, ‘Report on Corruption in International Cricket’, ICC Anti-Corruption Unit.
4 ‘Global Sports betting market estimated at up to $3 trillion’, AFP, Live Mint.
5 V Singhania, ‘FICCI knowledge paper on regulating sports beting’, 2012.

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.6 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 KINDOM

In 2014, An Anti- Corruption plan was released by the UK government to bring the fight
against corruption to one place

“The purpose of this plan is threefold: to demonstrate the breadth of the UK’s current anti-
corruption activities; to set out clearly the actions that government will take to tackle corruption
in the UK; and to set out our priorities for raising international standards and leading the global
fight against corruption in all its forms.”

The Plan is intended to apply to many sectors in society – including sport, which has its own
dedicated section – and its strategic response to corruption will follow four P’s: Pursue,
Prevent, Protect and Prepare.7

Sports Betting Group, established in the UK by the Department for Culture, Media and Sport.
The Group brings together representatives from across sport to provide leadership and to share
good practice to address the risks from sports betting corruption. It has published a Code of
Practice for governing bodies.

Germany

6 “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.
7 Kevin Carpenter- “Tackling match-fixing: a look at the UK’s new anti-corruption plan”, published 13th
February, 2015

The DFB-Kontrollausschuss (DFB Committee of Control) reacted to the scandal with a number
of measures intended to prevent similar incidents in the future:

✓ 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.

✓ 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.

✓ Substitutions may be made for the two junior game officials on the day of the match at the
direction of league officials.

✓ Video replays will be used more extensively in future.
✓ 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.
✓ 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 sideline.

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 excellient 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.8 Amazingly, there are even websites where fans can buy information on exactly
which matches have already been fixed, to use for betting purposes.9 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.10

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
Africa 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.11

8 “Russia searches for weapon against match-fixing”, Todays Zaman online, August 22, 2011.
9 “Russia searches for weapon against match-fixing”, Todays Zaman online, August 22, 2011
10 “Russia set to criminalise match-fixing”, supersport.com, January 11, 2012.
11 ‘Bollywood honeytrap seduces cricket stars into match fixing’, Mazher Mahmood, The Sunday Times, 11
March 2012

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.

3. 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 Kerala12, 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 persond 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

12 Reeja Vs. State of Kerala, 2004 (3) KLT 599

intents to declare a particular form of gaming illegal, it makes an express statute to that effect.13
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.

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.

13 Gherulal Vs. Mahadevdas Maiya 1959 Supp (2) SCR 406.

4. THE APPLICABLE INDIAN CRIMINAL LAWS ON MATCH-FIXING AND SPOT-
FIXING

In India, when it is claimed that some acts are illegal, such assertions must demonstrate as to
which specific laws are being violated. Merely making a general allegation that the activity is
illegal, without specifying which law has been violated, is not accepted.

In Subba Rao Vs. The King14,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 difficult to
bring the current situation within the existing Indian Penal Code (IPC) framework, because of
the manner in which the offences are defined in the IPC. For example, “property” is a crucial
ingredient of the offences of criminal breach of trust and cheating. The framers of the IPC never
contemplated “property” as extending beyond money or other movable property. Although the
Supreme Court has broadened the definition of this term, even this expanded definition might
not be sufficient to convict a person for match/spot fixing.

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.

14 AIR 1951 Pat 405.

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 Administration15 [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 India16 [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.

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

15 AIR 1962 SC 1821.
16 AIR 1999 SC 2979.

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.

Convicting a person for the offence of spot-fixing under the IPC will be a challenging and
complicated exercise. The odds (pun intended) of the player being acquitted are much higher
than of his being convicted, primarily because the manner in which the relevant sections are
worded. Hence, the need for a special law to cover fixing in sports, one that expressly deals
with the situation, and does not require broad and innovative interpretations to secure a
conviction for match/spot fixing 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. 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 prejudicial to the interests of the game of cricket by
assisting the ICC and its members and to create a long-term deterrent to conduct of a corrupt
nature and match-fixing by providing for a professional, permanent, and secure infrastructure.

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 Richardson. Day-to-day operational responsibility rests with the General
Manager and Chief Investigator.

Allegations of corrupt activity are probed thoroughly by the Unit's Investigators, sometimes
with the assistance of Police Officers. In support of their efforts, the ACU's Senior Operations
Manager continues to build an international network of contacts in both the legal and illegal
markets so that where concerns are raised, the Unit is able to activate these relationships and
effectively investigate allegations.

All players and officials that take part in the top level of international cricket pass through the
ACU's education programme. As part of the education process, players are given details of the
ways in which corruptors may seek to 'groom' them from an early age as well as the penalties
that exist - not just for fixing all or part of a match but also for accepting money, benefit or
other reward for the provision of information or failing to disclose the inappropriate conduct
of others.

The seven Anti-Corruption Managers coordinate the ACU's prevention measures. These
experienced law enforcement professionals are present at every international series to ensure
that strict anti-corruption protocols are enforced at all venues, collection information /
intelligence, particularly around the dressing room areas.

Meanwhile in football, the FIFA came up with the Code of Ethics which is broader than ICC
Anti-corruption code. The Code of Ethics will apply to any conduct of a player which damage
the reputation of the sport and in particular to illegal, unethical and immoral behaviour.

As a central aim, Early Warning System (EWS) looks to protect football matches in all FIFA
tournaments by monitoring and analysing the international sports betting market and through
comprehensive reporting to FIFA. EWS also carries out match monitoring on behalf of third
parties both within and outside of football. The service within football is part of an integrated
overall package that FIFA offers to any interested member associations.

Another of EWS’s areas of responsibility is the information activities on the theme of “sports
betting and match-fixing”. This is aimed at various interest groups, including sport
organisations, athletes, state authorities, media, etc., to create awareness of the continually
growing issue. EWS is also committed to the cooperation agreement concluded in May 2011
between FIFA and INTERPOL, which has the objective of combatting match-fixing and
corruption in football.

DID YOU KNOW?

•In the 1970's, the typical age range of people who Gamble was 30-55. Today, it is age
17-70. Gambling among young people is on the increase: 42 percent of 14-year-olds, 49
percent of 15-year-olds, 63 percent of 16-year-olds, 76 percent of 18-year-olds.

6. INTERNATIONAL ORGANISATIONS

It is acknowledged that the financial benefits generated by sports betting can lead to the
manipulation of competition and cheating. According to the President of the International
Olympic Committee, ‘it is undoubtedly the biggest threat to sport after doping’ (Rogge, 2012).
The following international agencies and sporting organisations have been prominent in
attempting to prevent illegal sports betting 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 preventative measures to tackle the problem of illegal and irregular betting
five years ago, and it has been proactive ever since. The IOC’s Code of Ethics was amended in
2006 to forbid all participants in the Olympic Games from betting on Olympic events, and
subsequent measures have been aimed at raising awareness of the issue, safeguarding the
integrity of the Olympic Games and sport in general, and strengthening collaboration with
partners inside and outside of the Olympic Movement.

First International Forum for Sports Integrity adopts roadmap for future action to protect clean
athletes—the IOC has launched the whistle-blower hotline for competition manipulation and
other ethical issues that threaten the integrity of sport. Another Olympic Agenda 2020
recommendation was implemented today when the International Forum for Sports Integrity
(IFSI) met for the first time in Lausanne at the initiative of the International Olympic
Committee (IOC)

World Anti-Doping Agency (WADA)

WADA was established in 1999 as an international independent agency composed and funded
equally by the sport movement and governments of the world. Its key activities include
scientific research, education, development of anti-doping capacities, and monitoring of the
World Anti-Doping Code (Code) which harmonizes anti-doping policies in all sports and all
countries. WADA works towards a vision of a world where all athletes compete in a doping-
free sporting environment. Its counterpart in Australia is Australian Sports Anti-doping
Authority and its link to match-fixing and sport betting is described in the next section.

In 2011 David Howman (WADA) suggested that organised crime groups had become involved
in the trafficking of drugs including those on the Prohibited List. He called for the
establishment of a World Sports Integrity Agency to deal with, among other things, the
investigation of illegal betting. This proposal has not yet been implemented.

European Union (EU)

Enlarged Partial Agreement on Sport (EPAS). The EPAS aims to promote sport and emphasise
its positive values, to establish international standards and develop a framework for a pan-
European platform of intergovernmental sports co-operation while at the same time helping the
public authorities of member States of the EPAS, sports federations and NGOs to promote
sport and make it healthier, fairer and better governed. On 9 July 2014 the Ministers’ Deputies
adopted a Council of Europe Convention on the Manipulation of Sports Competitions. The
purpose of this Convention is to prevent, detect, punish and discipline the manipulation of
sports competitions, as well as to enhance the exchange of information, and national and
international co-operation, between the public authorities concerned, and with sports
organisations and sports betting operators.

• Play the Game

Play the Game is an international conference and communication initiative aiming to
strengthen the ethical foundation of sport and promote democracy, transparency, and freedom
of expression in sport. It focuses upon number of issues related to integrity in sport,
including Match fixing

• Sports and Recreation Alliance

The Sports and Recreation Alliance has been active in lobbying ministers to strengthen the
regulatory environment around sports betting. It has pressured for off-shore betting companies
who operate in the UK to be fully licensed. To ensure that off-shore betting companies (the
vast majority) will be subject to the same high standards required of those operating in the UK
which particularly ensures that companies share any information about suspicious betting
patterns with the Gambling Commission and with national governing bodies. It is now
focusing on resolving other issues for sport including how governing bodies can help determine
what types of betting can be made on their sport.

In a commentary piece ‘What’s the biggest threat to the future of sport?’. Patrick Coyne
discusses global match-fixing and what the world is doing to ensure the future of sport.

• Sports Betting Integrity Forum

Following on from the publication in September of the Sport and Sports Betting Integrity
Action Plan (PDF - 600 KB) and the Government’s new sports strategy, today also sees the
formal launch of the Sports Betting Integrity Forum (SBIF) website.

The SBIF brings together representatives from sports governing bodies, player associations,
betting operators and trade associations, law enforcement and gambling regulation to tackle
sports betting corruption. One of the SBIF’s key roles is to oversee implementation of the
Sports and Sports Betting Integrity Action Plan.

The new website provides a central hub for information on the SBIF’s strategy to address the
risks associated with match-fixing to help preserve and protect sports betting integrity in the
UK. A range of best practice products and resources are available on the site, which includes
examples of education programmes and prevention strategies, models of best practice, case
studies and relevant research and reports.

• SportAccord

This is an umbrella organisation for both Olympic and non-Olympic international sports
federations as well as organisers of international sporting events situated in Switzerland. There
are 91 full members of international sports federations governing specific sports worldwide

and 16 associate member organisations. They claim to co-ordinate and protect common aims
and interests of their member organisations while conserving and respecting their
autonomy. Their main emphasis over the last five years has been on preserving the integrity
of sport with particular concern for doping, cheating and corruption through betting and match-
fixing.

In 2011 SportAccord published a Code of Conduct on Sports Betting Integrity for Athletes and
Official’ and they have published ‘Model Rules’ on Sports integrity for all International Sports
Federations and Organisations. It also has developed an e-learning global program to assist in
the education of sport sector individuals and organisations about match-fixing in sports which
was released in January 2012.
• Sports Radar
Sportsradar Fraud Detection System (FDS). The FDS is a unique service that identifies betting-
related manipulation in sport. This is possible due to the FDS’s sophisticated algorithms and
constantly maintained database of both odds and person fraud scores, which together are
interpreted for the purpose of match-fixing detection.

International Tennis Federation extends partnership with Sportradar, Daniel Etchells, Inside
the Games, (December 2015). The International Tennis Federation (ITF) has today extended
its agreement with official data collector Sportradar AG for an additional five years. Swiss-
based Sportradar, a global leader in its field, has collected and processed data for the ITF since
2012, helping to support the Federation’s internal integrity processes.

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.

7. CLUB POLICIES AND PROCEDURES

Every sporting club must make it a point that there are relevant policies and procedures are
intact and they are communicated and made aware of effectively to everyone involved in the
club.

The policies should be framed on the following aspects which are considered important:

Child Protection Policy
Sport helps children grow and develop and can provide opportunities for enjoyment and
achievement. Through sport children can develop valuable qualities such as leadership,
confidence and self-esteem. Every child and young person has the right to have fun, be safe
and free from harm whether training for local team, playing for a local club or representing a
sport and country at international level.
It is essential that sports clubs/organisations adopt good practice when dealing with children
and ensure that their safety is paramount. This will ensure that they can enjoy sport within a
safe and secure environment where they feel protected and empowered to make the most
suitable choices. Providing children with positive sporting experiences means that they will be
more likely to achieve their true potential.

This should include:

• When and how to report a concern, allegation, disclosure about poor practice or
possible abuse.

• Who to contact should a child welfare incident or concern arise
• Guidelines of collection by parents/carers (including what to do if a parent/carer is

late when collecting a participant).
• If necessary guidelines in physical contact.
• Remember it is not the responsibility of the club/organisation to decide if a child is

being abused but to act on any concerns 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.

Health & Safety
This should include details of:

• Risk assessment procedures.

• Participants consent forms (including details of emergency contacts, medical history, special
requirements and where necessary consent for photography and/or video to be taken).

• How to respond to an incident or accident.

• 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
within the clubs/organisations 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:

• 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) – For further information contact your Governing Body or
visit:www.gov.uk/government/organisations/disclosure-and-barring-service

• A minimum of 2 references are taken and followed up.
• Qualifications are checked.

Child Protection/Welfare Officer/s
All sports clubs must have a designated child protection/welfare officer in place. There should
also be a deputy officer to provide support. The child protection/welfare officer/s should be
responsible for the implementation of the child protection policy, and should have a specific
role description in place.

The club/organisation should also ensure that the designated officer/s has the appropriate
training and has support from the club committee. Sport’s National Governing Bodies with
provide advice and guidance to sports clubs on the role of the child protection/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.17

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.18 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.”19 The increasing presence of criminals across the sporting spectrum should be
a concern for all stakeholders and provide additional impetus to the continuing need for
concerted action on a global scale, principally given that organised crime never loses money in
illegal gambling operations: one way or another they make a profit. Ronald K. Noble
highlighted the gravity of the increasing criminal presence perfectly: “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”.20 If that does not make you sit up and take notice, then nothing will.

17 http://www.livingsport.co.uk/safe-sport/for-sports-clubs-organisations/
18 “Examination of threats to integrity of sports”, Section 4.3, Oxford Research A/S, April 2010
19 CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA.
20 “FIFA’s historic contribution to INTERPOL in fight against match-fixing”, FIFA.com, May 9, 2011


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