Let's Talk Sports Law - A Podcast by SLPRR

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2023/04/10/online-gaming-regulation-bill-2022-a-progressive-step-with-a-regressive-framework/

The lack of a uniform regulatory structure for online gaming business has led to criminal activity, financial loss, privacy infringement, and data theft. A rigorous regulatory structure for online games is needed, as affirmed by the Madras High Court and Gujarat High Court. The Lodha Committee also advocated regulating betting and gaming to reduce unethical betting.

The Online Gaming (Regulation) Bill, 2022 was introduced to regulate such business. The proposed Bill aims to develop an effective regulatory mechanism for the virtual gaming industry for reducing online fraud and misuse. Considering the Bill’s objective, it may be viewed as a step forward in regulating internet gaming. However, due to its regressive nature, the Bill’s effectiveness in achieving its goal is dubious. This article essentially discusses the problems associated with the Bill.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2023/02/14/regulation-of-driver-contracts-in-formula-one-is-it-time-to-devise-new-methods/

Sports, particularly team sports, have long seen the woes of unequal bargaining power between the management of teams and the athletes. Although Formula One is not a conventional team sport, tales of the power disparities between the constructers and drivers are almost fundamental to the sport. Generally, it is the drivers who are on the bleaker side of things, which means they are vulnerable to the whims of the constructors. Therefore, instances of drivers being dropped suddenly and surprise announcements of drivers jumping teams are common, due to which, there is an underlying uncertainty when it comes to driver contracts in Formula One.

To phrase it differently, driver contracts, with the constructors on the one end and the drivers on the other, constitute the heart of the competition; and the sanctity of contracts is especially crucial in such dynamics. However, as has been said, contracts in Formula One are worth only so much as you are willing to pay to break them. This dichotomy has been aptly highlighted in many recent instances.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2023/02/08/chelseas-recent-transfer-window-controversy-an-eye-opener-for-ffp/

Chelsea’s Recent Transfer Window Controversy – an Eye Opener for FFP?

Ever since American businessman Todd Boehly and a consortium of investors completed the record £4.25 billion takeover of Chelsea FC, he has left no stone unturned to bring the club back to winning ways. After letting go of key club figures like director Marina Granovskaia, technical advisor Petr Čech, and Champions League winning manager Thomas Tuchel, he has taken the transfer market by storm by signing almost 20 players in 2 transfer windows, with Argentine world cup winner Enzo Fernandez being the latest addition to an already star-studded squad. While Boehly has been mocked and insulted for his ideas and monopoly-like spending, fans and officials from all around the world have asked a very important question… ‘How are Chelsea making so many signings without breaking FFP regulations?'

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2023/01/22/loot-boxes-gambling-or-gaming/

Loot Boxes purchasable with in-game or real currency deliver randomized in-game item(s) which could be cosmetic, performance based or even a combination of the two. An estimated revenue of $48 Billion was generated from the sales of loot boxes alone in 2018.  The contents of the loot boxes remain unknown to the player until the purchase is actualized. While there exists a chance that the loot box may contain an extremely rare and invaluable item, there also exists a significantly greater chance that it contains a basic item of much lesser value. This sends the purchaser down a classic spiral where the purchaser believes the subsequent expenditure to deliver enough value to cover the losses already incurred. As a part of monetization strategies, the chances of a player receiving a high value item from a loot box is deliberately kept low by developers since such impulsive behavior of users induces repeat purchases. Either way, it is the game developer that ultimately wins.

In this blog post, the author discusses the loot box mechanisms of games and whether they possess the characteristics of conventional gambling systems.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2023/01/07/deconstructing-the-aiff-suspension-conundrum-analysis-of-fifas-approach-on-third-party-intervention/

With FIFA holding such an extreme position of importance within the footballing ecosystem, associations have come to be at the mercy of the organisation, without whose support and backing, the associations are left in a state of isolation from the footballing world. Through the establishment of this governance system, FIFA has been successful in autocratically exercising control over member confederations and associations, with no questions being asked pertaining to the extent of this control, as a result of which the federations might often get inherently restrained and sanctioned. 

The reason why the policy of preventing third-party intervention is so strictly required to be complied with, and is stressed on so much that it is a must for an association to keep intact its membership, and is to ensure that there is no executive interference in the working of the footballing authority and that it is completely independent in its practice. Avoiding excessive government influence in the choices made by sports organizations is the initial step to be taken in order to reach this vision of autonomy. The autonomy of regulatory agencies remains essential for providing long-term support to the effective governance of sports organizations. Sport must control and oversee itself while abiding by the law in order to ensure autonomy. FIFA seems to be moving forward with these motives in mind when it comes to the strict enforcement of the policy of preventing third-party intervention.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/12/27/national-anti-doping-agency-indias-failure-in-discharging-its-positive-duties-analysis-of-information-dissemination-and-athlete-awareness/

The sporting world has seen various instances wherein Athletes have resorted to the use of performance enhancing drugs in a bid to achieve an edge over their competitors. Using drugs or other processes for performance enhancement is justly considered to be unethical, considering that it essentially distorts the spirit of sports. This deliberate use of a substance or a process/method, banned by the medical commission of the World Anti-Doping Agency (‘WADA’) is what amounts to doping, and it is one of the most serious issues plaguing the field of sports in the modern day.

Additionally, owing to the rapid technological advancement, a plethora of processes and methods have been innovated, such as, inter alia- blood transfusion and gene modification, which are readily available and have intensified the fight against doping. Consequently, the objective behind having such a system of regulation in place to prohibit and penalise doping is to protect the Athletes’ health and avoid the accompanying consequences of doping, while also upholding the ‘spirit of sport’ at its core. 

This Blog Post discusses the duties of NADA with respect to providing and disseminating the required education and information to the Athletes, insofar as inadvertent doping is very much prevalent amongst Indian Athletes. The shortcomings of NADA have been discussed and the Author has also provided certain suggestions for reform. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/09/03/concussion-class-action-suit-against-rugby-football-league-a-question-of-negligence/

he unwritten rule of football “If you can walk, you can play” has resulted in serious brain damage for many players. Studies reveal that out of the retired NFL players who were examined, 99% showcased signs of CTE. Former NFL players brought a class-action suit against NFL contesting that NFL was negligent as it did not disclose the risks of CTE, and also buried the relevant medical data.

Presently, Rugby Football league (“RFL”), a sport governing body that regulates professional rugby in the UK is hit by a lawsuit, where the players have alleged that the league body has failed to protect them from the aforementioned health risks. In this background, this article analyses whether RFL can be held to be negligent under the law of negligence for causing brain injuries. It elucidates the distinction between the NFL and RFL concussion litigation and the potential arguments that could be taken up by the RFL litigants.   

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/07/17/contemporary-labour-law-issues-in-the-indian-sports-industry-a-comparative-study/

The development and commercialisation of sports has been complex and fragmented in the Indian context, which has posed several challenges in this area, some of which are related to labour law.

The need for labour law in sport is felt largely due to the existence of multiple entities that govern sports and sportspersons, and therefore the various interests at play. Broadly, these may include the interests of the club, for instance, whereby they would not want to pay a player who is not able to perform; and the interests of sporting bodies, who seek to preserve the integrity of the game, not to mention the individual interests of professional sportspersons.

The present article concerns with the contemporary labour law and employment related challenges in the Indian sports industry.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/06/28/sports-diplomacy-in-global-politics-a-case-study-of-bans-imposed-on-russian-motorsport-athletes%ef%bf%bc/

With the proliferation of international sports, sporting events have become an attractive medium of expressing messages on global as well as domestic issues. Governments can be actively seen using sports as a policy instrument to either promote their own ideologies and political orientations or to condemn those of some other countries. Confrontational use of politics in sports is not uncommon, as also evidenced by  numerous instances which have been discussed in this article. 

However, as powerful as sports diplomacy is, it comes with certain drawbacks. One major consideration here is that it pits the rights of the athlete against the larger considerations of international relations. Practice has proved that there is little doubt as to what will prevail, but the fact remains that such practices are unfair to the athletes and sportspersons. This article provides an analysis of the particular case of motorsport and the actions taken by the Fédération Internationale de l’Automobile (FIA) post the Russian invasion of Ukraine in a bid to better understand this Athlete-Nationality dichotomy. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/06/22/are-personality-rights-of-athletes-protected-in-india%ef%bf%bc/

Last year, the news of Indian shuttler PV Sindhu being the first Indian woman to win two Olympic medals for the country was flooding the social media and news channels.  While the whole country was celebrating the win, simultaneously the headlines “PV Sindhu takes 20 brands to court for using her name and image without permission” was being circulated. This sparked a much-needed discussion in the Indian Sports Law community about Personality Rights of Athletes in India. 

India like most nations around the world does not have a separate statue governing personality rights. Currently, the Intellectual Property Rights regime in India do not define personality rights and neither do they protect these rights directly. Unlike the legislature, the Indian judiciary has been more than receptive towards the need for formal recognition of personality rights. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/06/14/breaking-down-the-legal-challenges-faced-by-the-e-sports-industry-a-legal-puzzle/

BREAKING DOWN THE LEGAL CHALLENGES FACED BY THE E-SPORTS INDUSTRY: A LEGAL PUZZLE

E-sports has evolved from being a fringe teenage hobby to the fastest-growing area of the entertainment business over the last decade. The ecosystem involves top athletes, multimillion-dollar contracts, celebrities, popular sponsors and huge rewards. Multiplayer gaming was severely limited when video games initially became available in homes around the world. With the advancement of technology and the internet, people are able to compete among themselves in a multiplayer mode gaming setup. Subsequently, developers and distributors have found an opportunity to monetise such games and increase their profits by organising competitions, of course involving a huge prize money at stake. Presently, the e-sports industry is growing at a tremendous rate– The numbers are skyrocketing and it should be noted that in the previous year, cash and prizes in kind worth $215 mn were drawn along with hefty salaries for the e-sports professionals. This rapid global spread of e-sports, along with its diverse qualities, has resulted in a tangle of policy and legal issues that the sector as a whole is actively attempting to resolve.

This article discusses the legal challenges encircling e-sports and possible solutions to the same.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/23/corruption-and-controversy-in-the-world-of-football-recurring-cases-of-bribery-in-fifa%ef%bf%bc/

Corruption and Controversy in the world of Football – Recurring cases of Bribery in FIFA

In this article, we have discussed and analysed the global problem of corruption specifically in the context of the world of football. Time and again, the world has witnessed major corruption cases relating to the most popular sport on the planet, which not only violates the integrity of the beautiful sport, but also devoid countries of opportunities for development, especially considering the economic benefits this sport can bring to nations. To provide the reader with a thorough understanding of this issue –  major judicial pronouncements, applicable laws and jurisprudence laid down by the Fédération Internationale de Football Association (‘FIFA’) as well as the Court of Arbitration for Sport (‘CAS’) have been comprehensively discussed. 

A comparative analysis has been provided, which essentially captures the comparison of various mechanisms and actors that have a bearing upon this issue. We have also discussed the evidentiary concerns in football-related corruption cases. Furthermore, in the capacity of students of sports law, we have also propounded certain suggestions which can potentially curb this menace of corruption.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/18/the-privilege-of-morals-clause-endorsement-deals-and-associated-scandals%ef%bf%bc/

The Privilege of Morals Clause: Endorsement Deals and Associated Scandals

If the athletes aspire to make a living out of playing competitive sports, they must learn the skill of marketing themselves. The athletes in recent times are not just considered as players but also celebrity personalities - they gain immense amount of publicity and garner millions of followers which boosts their marketability. This further leads to gaining several sponsorships or endorsement deals. Endorsement deals are a great way to make revenue in the sporting world.

The focus of this article will be on sports endorsement deals and its morals clause. It would aid in comprehending the privilege of morals clause from the perspective of a corporation, as well as its implications on athletes. Various examples of termination of endorsement contracts and cases have been discussed. The Author has also given certain suggestions with respect to drafting morals clause in endorsement contracts.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/06/a-case-of-reinstatement-for-ajaxs-three-little-birds-a-counter-to-uefas-narrow-interpretation-of-the-equipment-regulations%ef%bf%bc/

A case of reinstatement for Ajax’s ‘Three Little Birds’ – A counter to UEFA’s narrow interpretation of the Equipment Regulations

One of the most powerful bonds of the sporting world is the connection between fans and their team culture. Over time, sports such as football have seen innumerable forms of expression being meted out by fans for their respective clubs and national teams. This bond is undoubtedly expressed in different ways with the underlying aspect of love for the Beautiful Game. Any legal regulation or a statute that obstructs such a bond is an injustice to football fans and must be countered in manners that are deemed appropriate as per the situation at hand.

Ahead of the 2021-2022 season, Ajax came out with a third jersey in collaboration with Adidas. The kit was designed around the club anthem ‘Three Little Birds’(Bob Marley) that is sung before almost every home game at the Johan Cruijff Arena. UEFA came down heavily on the club and cited Article 7 and 19 of the UEFA Equipment Regulation  to justify that the bird sign was not a valid ‘club identification’. They subsequently directed that the ‘three little birds’ sign had to be removed from the shirt. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/26/hidden-scorecards-an-unsolved-mystery-of-mma%ef%bf%bc/

Hidden Scorecards – An Unsolved Mystery of MMA

MMA has been on a path to portray itself as a legitimate sport around the globe and attract more spectators. Since its introduction, the violent sport has been tweaking regulations to ensure that the general market audience is onboard to watch and enjoy it. As the years have passed, giant organizations like the Ultimate Fighting Championship have helped in making the sport global. Following boxing, like most of its other rules, MMA has decided to adopt the rule of undisclosed scorecards or commonly knows as hidden scorecards. This article discusses the shortcomings of the same and puts forth arguments for open scorecards in MMA. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/18/draft-national-air-sports-policy-2022-a-new-dawn-of-sports-law-in-india%ef%bf%bc/

DRAFT NATIONAL AIR SPORTS POLICY, 2022: A NEW DAWN OF SPORTS LAW IN INDIA?

Sports in India has evolved from the age-old Mahabharata sport Chatrang to an ever-evolving age of air sports. While the industry accounts for almost $620 billion, the Constitution of India [State List, 7th Schedule, Entry 33] reflects the power of the legislature to formulate laws in the sports domain. Apart from this, India does not have any concrete law on a national scale for regulating sports. The Ministry of Sports and Youth Affairs has time and again issued guidelines and set up institutions to dwell into issues related to sports. 

With the birth of the modern aviation industry, the concept of Air Sports was recognised. Air Sports typically involves aerial recreational and astronautic sporting activities. India recently formulated a Draft National Air Sports Policy on 1st January, 2022. With a vision to make India one of the top nations in air sports by 2030, the Ministry of Civil Aviation drafted the policy to provide a safe, affordable, accessible, enjoyable and sustainable air sports ecosystem.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/05/the-interjection-of-european-football-and-world-politics-the-newcastle-united-football-club-takeover-amidst-the-saudi-arabia-qatar-ipr-dispute%ef%bf%bc/

The Interjection of European Football and World Politics: The Newcastle United Football Club Takeover Amidst the Saudi Arabia–Qatar IPR Dispute

The Middle East influence on European football has increasingly become apparent in recent years. One of the significant reasons that these Gulf countries have started investing in football is to increase their soft power in Europe. They usually inject much-needed funds into all these clubs to help them make high-profile signings and thereby get better results in all competitions. Investing in football also helps such authoritarian regimes whitewash their public image, which is stained with human rights abuses and extinguishing freedom of speech. 

Newcastle United’s takeover by the Public Investment Fund (PIF), whose chairman is the Crown Prince of Saudi Arabia—Mohammed bin Salman, is the most recent example of such Gulf-led investment in European football, aimed at sports-washing. The takeover saga was long and initial talks had broken down last year mainly due to media piracy concerns. BeIN sports accused Saudi Arabia, a Doha based broadcasting company, of propping up the network beoutQ and helping them pirate major sporting events, including the English Premier League (EPL) in Saudi Arabia after the Saudis had banned beIN due to national security concerns. Qatar raised a subsequent WTO dispute, and the matter was taken to the panel for discussion. In this article, the author will discuss how the IP dispute acted as the primary legal block in PIF’s attempt to acquire Newcastle United Football Club (NUFC).

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/26/analysis-of-karnataka-high-courts-decision-to-strike-down-the-ban-on-online-gaming%ef%bf%bc/

Analysis of Karnataka High Court’s Decision to Strike Down the Ban on Online Gaming

The Hon’ble High Court of Karnataka, recently in the case of All India Gaming Federation v. State of Karnataka and Ors. [W.P No. 18703/2021] has struck down certain provisions of the Karnataka Police (Amendment) Act, 2021 (hereinafter referred to as ‘the Amendment Act’). The Amendment Act essentially prohibited as well as criminalized betting on and playing of all forms of games, including games of skill and online games for stake. The Court found the blanket prohibition on participation in any game of skill for stakes to be disproportionate, excessive, and lacking in any research or empirical basis for the proposition that the prohibition is necessary for public good. Furthermore, the Court weighed up the legislation against the constitutional rights guaranteed under Article 19, 14, and 21 of the Indian Constitution and found it to be ultra vires. Pursuant to this judgment, the exemption granted to games of mere skill under the Indian gaming jurisprudence stands restored, and games of skill may once again be offered for stakes in the state of Karnataka.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/15/unilateral-termination-of-employment-contracts-on-the-basis-of-injury-in-football/

Unilateral Termination of Employment Contracts on the Basis of Injury in Football - From the Editors' Desk 

We keep hearing about instances of Players getting injured and the Clubs terminating their contracts on that ground. Given the short term career of football players, this is extremely problematic especially in light of their livelihood being dependent on the same. Furthermore, Clubs slyly put injury/permanent incapacity clauses in the employment contracts which players tend to overlook while entering into such agreements; the Clubs later on cite these clauses to justify the unilateral termination. However, whether such justification stands the test of law needs to be understood.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/02/10/match-fixing-and-associated-deterrence-mechanisms-need-for-a-special-legislation-in-india/

Match Fixing and Associated Deterrence Mechanisms – Need for a Special Legislation in India

The uncertainty of the result is an essential part of a sport’s desirability. When matches are fixed, there is a loss of integrity in the sport, and fans feel distanced from the sport they love. Matches get fixed when inducements are offered to players/teams to underperform to drive the game to a particular result. Fixers tend to bet on the match, knowing the result which they have already fixed or which player will underperform, et al. These days, spot-fixing is another phenomenon that is becoming increasingly prevalent. It is essentially a form of manipulation in which an isolated aspect of a game, typically unrelated to the final result or outcome of the game, is pre-determined and fixed to ensure a specific result in a wager placed on such aspect. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2021/10/02/unearthing-all-the-red-flags-in-the-uefas-swiss-model/

Unearthing all the Red Flags in the UEFA’s Swiss Model 

Despite being the face of competitive balance and the European Super League’s (ESL) ardent attacker, Aleksander Čeferin is receptive to reforming the UCL rules. The organization is predicted to pick a path for the UEFA Club Competitions (UCC) by 2021, applicable from 2024-25 which would witness an increase of four teams in a championship instead of groups. 

The reforms fail to reconcile the wants of fans with those of the clubs – there’s a defenestration of sporting merit, an imminent, disproportionate surge in revenue for the elite, and a disregard for competitive balance. The authors discuss how these ramifications demand the EU step in to rectify this UCL model, which is but an ESL, by stealth.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2021/10/24/super-shoes-and-the-controversy-around-technological-doping%ef%bf%bc/

SUPER SHOES AND THE CONTROVERSY AROUND TECHNOLOGICAL DOPING

If you watched the Tokyo 2020 Olympics, you would have noticed that athletes wearing Nike’s super shoes dominated athletic events. The runners wearing Nike Vaporfly super shoes won over 60% of the total medals at the Olympics. The athletes using these shoes were also involved in multiple records being broken in the 1,500-metre, 5,000-metre, and 10,000-metre events. 

This raised a question of whether the shoes are a form of technological doping.

But what is technological doping? The World Anti-Doping Agency recognises technological doping as a threat but the responsibility to ban the equipments is left to the discretion of the sporting bodies of the respective sports.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2021/11/03/uefa-club-competitions-financial-background-of-the-new-structure/

UEFA Club Competitions – Financial background of the new structure

The new cycle of the UEFA club competitions kicked off in this 2021/22 season, bringing drastic changes to European football’s landscape. While the premier competition, the UEFA Champions League (UCL), remains untouched, the governing body shook up the format of the UEFA Europa League (UEL) with the inception of a tertiary continental competition, the UEFA Europa Conference League (UECL). The new tournament features smaller European clubs, who most likely would have not been able to play international football, and offers them a platform to kick off from.

But how is UEFA financing an additional competition?

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2021/10/26/deconstructing-the-controversy-around-the-saudi-takeover-of-newcastle-united/

DECONSTRUCTING THE CONTROVERSY AROUND THE SAUDI TAKEOVER OF NEWCASTLE UNITED

The English Premier League is at a crucial juncture in football history right now. The takeover  of the historic Newcastle United Football Club, a process that commenced in April 2020, was completed on 7th October 2021. Marred by controversies for 19 months, a consortium led by the Public Investment Fund of Saudi Arabia (PIF) has finally got ownership of the club for a price of $413 million. However, the legal challenges are far from over, as other clubs in the Premier League have raised objections over the takeover.

The 19 other teams in the league held an emergency meeting on 18th October where they voted to temporarily block teams from striking commercial deals with businesses that have links to their owners. These deals are called Related Party Transactions and have always been a contentious issue in European football. They allege that the EPL failed to apply its Owners’ and Directors Test properly on the Saudis, while Newcastle is liable to breach regulations of the Financial Fair Play rules.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/01/18/the-2021-faux-rmula-1-world-championship-a-legal-analysis%ef%bf%bc/

The 2021 Faux-rmula 1 World Championship – A legal analysis 

The 2021 Formula 1 world championship has been one of the most entertaining and controversial seasons in F1 since its inception. The reigning world champion, Lewis Hamilton had seemed to run out of the dominant car that won him 6 world titles and the young lion, Max Verstappen always claimed that a competitive car would prove that he was world championship material and this season his team, Red Bull Racing, delivered a car that would fetch him his maiden title. However, this victory is far from a clean and fair one.The catastrophe of the Abu Dhabi grand prix has been a problem faced by sports fans around the world. From VAR to the FIA, the authorities that are meant to make the game fair have started to have a less than ideal influence on the game.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/01/21/is-your-favourite-sport-under-threat/

Is Your Favourite Sport Under Threat? 

The short answer is yes, but the important question is how? It’s important to understand how climate change is a threat to sports and most important of it all, how sports can be an asset and a flag bearer in the extremely urgent cause of global warming. Additionally, sport is not only vulnerable to climate change, but is also one of the highest contributors to greenhouse emissions and pollution.