The International sports law conference
PUBlisheR: Global sports policy review
SPECIAL EDITION (WINTER 2022)
The International Sports Law Conference was organized jointly by the School of Legal Studies, REVA University Bangalore, Hemvati Nandan Bahuguna Garhwal University (Central University), and the National Anti-Doping Agency (NADA), Ministry of Youth Affairs and Sports, Delhi on the occasion to celebrate National Sports Day (29 August 2021). The Conference was a successful event where we received more than 50 abstracts. Out of those 50, 38 were selected for the presentation. 32 presentations took place in different sessions chaired by experts in the domain including members from NADA, and experts from the EU. Finally, 13 full- papers were shortlisted for publication. However, after various proofreading, review, and quality checks has been selected for publication in the Special Issue of the GSPR.
The Guest Editor for the Special Issue are:
Vijay Kumar Mukesh Rawat
Assistant Professor Assistant Professor
School of Legal Studies School of Law
REVA University, Bangalore Hemvati Nandan Bahuguna Garhwal University
1. Jurisprudence of Sports Law in India
Author: Gokul L. Vijay Kumar, Assistant Professor, School of Legal Studies, REVA University, Bangalore
The sports jurisprudence in our country is taking its baby steps. There is no umbrella legislation governing the sports in our country, like Environment Protection Act, 1986 which is the umbrella legislation in our country that is governing the environmental concerns. However, there are many other notable legislations, codes and judicial pronouncements which are regulating the sports and its allied activities in the country. More than all, the Indian Judiciary is playing a vital role in building the new jurisprudential foundation for the sports law through its various landmark judgements. This paper unfolds the entire gamut of the sports law in our country.
Keywords: Policy Making in Sports, Good Governance in Sports, Sports Ombudsman.
2. Ugly Tackle: Analysing Negligence in Football
Authors: Rohan Mathew Therattil, Law Scholar, School of Law, Christ (Deemed to be) University
Tarun, Asst. Professor (Research), Gandhinagar National Law University
One of the most heated legal debates with regards to the sport of football is “to what extent is negligence that occurs on and sometimes off the field acceptable within the ambit of the sport?” With an ever-increasing number of injuries in the beautiful game caused due to negligence that may be in the form of vicious tackles, injuries while training so on and so forth, it is utmost important to understand where the line stands that divides what amount of negligence is permissible within sports and what triggers sanctions. This negligence can be further broken down into six categories being: i) the negligence of players that leads to the injury of other players, ii) the negligence of a club/team that leads to the injury of its own players, iii) the negligence of a club/stadium authority or organiser that leads to the injury of spectators, iv) the negligence of a referee that leads to the injury of players, v) the negligence of product manufacturers that leads to the injury of players and finally vi) the vicarious liability of a club/team for the negligence of their players.
The author(s) aim to deal with these issues by first explaining the various degrees of negligence that exist being slight negligence, standard negligence, gross negligence and recklessness. The paper shall then discuss the association of the concept(s) with football. Further, the paper will try breaking down each individual defense to such liability and understand their applicability in discharging the liability of players, clubs, etc. in the event of the actualisation of such negligent acts. Lastly, the paper shall also deal with the possible repercussions of such acts of negligence, whether being within the laws of football and its reconciliatory mechanisms, within the realms of civil damages and even within the worst case of criminal sanctions.
Keywords: Negligence; Football; Recklessness; Ambit; Referee Liability; Product Liability; Vicarious Liability; Defenses; Repercussions.
3. Counterfeiting: Mirror of Sports Goods and Apparels
Pranjaul Jhaveri & Darsh Shah, School of Business and Law, Navrachana University
Counterfeiting is one of the wildest growing economic crimes globally. It intimidates the economies of established and emerging countries alike, harms new investment, and progressively endangers public health and safety. Counterfeiting isn't a victimless crime. There are serious unintended and damaging effects counterfeiting leaves in its wake which is way deeper than it seems impacting the economy, brands, and businesses at large. The nature of crime is such that it becomes difficult to obtain the clear picture or statistics as it is a clandestine activity.
Sports sector in India is gaining prominence due to the active participation and awareness regarding different games among the youth of the country albeit the clear-cut distinction of being a professional sportsperson and an amateur who is just following the play as a hobby or even as a source of entertainment. The diverse field of sports goes beyond the realms of professionalism and hobby as it also a medium to enhance physical wellbeing and fitness regularly, thereby being more health conscious or a paradigm shift of a healthy lifestyle. Thus, growth of sports has led to its capitalization and gradually turned it into a business involving monetary benefits including branded sportswear, standardized sports equipment, sponsorships, brand endorsement, brand ambassador, product merchandising, trademarks etc. Therefore, counterfeiting in the arena of sports is no exception.
The negative impact of counterfeiting cannot be undermined as it has made the market fragmented. It questions the brand value and simultaneously jeopardizes the brand image thereby stalling the scope of innovation in consonance to the product design. It levels up the competitive environment and starts up a battle to maintain a market share apart from hollowing finances and the analysis of the consumer behavior. Furthermore, the business-based liabilities make the sporting company accountable towards the economy of the country and their contribution to it. The paper aims to assess the global impact of the sports apparel and goods through various factors and its consequences along with the measures to curb counterfeiting.
4. Contours of Sports Violence: Need of Law ?
Nikhil G., Research scholar (UGC-JRF), Department of Law, University of Kerala
Sports is an integral part of the society which aims at good health and wellbeing of an individual. It needs to be protected from the lawlessness and misconduct affecting the safe environment expected in a sports field. Sports should be protected from excessive violence and injuries happening beyond the desired aggression proposed in a sport. Injuries in sports is extensive, but unintended injuries and violence takes place in sports even where body contacts are restricted during the game. Hence there is a need to restrict violence in sports without affecting the competitive nature of sports. The question here is that, when and where, a law is expected to regulate the violent and unexpected acts in sports without affecting the competitive nature of sports especially, in contact sports.
The paper thus is an attempt to analyse sports violence and the causes of sports violence. The effects of violence in sports and society at large are also studied in this part. This also part analyses the role of existing laws and mechanisms to control sports violence and to determine the limitations of the same in controlling the continual occurrence of violent acts in sports. The second part analyses the role of criminal law as a possible deterrent in regulating violence in sports. Here the allowed level of play and use of force in a sport is discussed in the light of criminal law. Finally, the last part put forth some concerns and suggestions to be taken into account while framing the standards to applying regulations for violence in sports with special reference to criminal law.
Keywords: Violence, Sports, Law,
5. Ambush Marketing in Sport: Legality and ethics
Author: Pratap Alexander Muthalaly, Government Law College, Thiruvananthapuram
The 2020 Olympics is currently in full swing in spite of prior pandemic induced postponements. As is common with sporting mega events, this year’s Olympics too has caught the fancy of millions. Amid all the glitz and glamour, a familiar issue continues to persist, ambush marketing. Ambush marketing is essentially a situation where third parties attempt to associate themselves with a mega event and reap the benefit of said event without being the official sponsor. Ever since the great ambushes of the 1992 and 1996 Olympics by Nike, the act has been a source of frustration for mega- event organizers and sponsors alike.
Sponsors and officials have adopted a number of strategies to limit and restrict ambush marketing. This includes a wide variety of tactics ranging from the amendment of founding documents to the institution of new sponsorship contract obligations limiting ambush marketing. In spite of this, ambushers continue to find new and creative ways of hijacking mega events, while also staying within the rules.
In response to this the IOC has dug its heels deeper, pushing for even stricter regulation, through amendment and alteration of its existing provisions like rule 40 of the Olympic charter.
The aim of this proposed paper is to create a path towards resolving the ambush marketing conundrum, while also analysing related concepts like the impact of rule 40 and the present category exclusivity model.