Asser International Sports Law Blog

The newly launched ‘Global Sport and Human Rights Research Network’, an initiative jointly hosted by the T.M.C. Asser Instituut and the Centre for Sport and Human Rights, together with the European Union-funded project ‘Human Rights Empowered Through Athletes Rights (H.E.R.O.)' is organising an in-person conference on October 23 at the Asser Institute in The Hague, to map the field of athletes' rights and engage in critical discussions on protection of these rights and how to prevent rights violations.

The one-day conference will kick off with a presentation by the H.E.R.O. team on their research results, followed by a short panel discussion. The rest of the day will be filled with four panels on different aspects related to the topic of athletes’ human rights, with speakers from academic institutions around the world.

Check out the full programme HERE and register for free HERE.

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Editor's note: Saverio P. Spera is an Italian qualified attorney-at-law. He has practiced civil and employment law in Italy and briefly worked at the Asser International Sports Law Centre before joining FIFA in 2017. Until May 2024, he has worked within the FIFA legal division - Litigation Department, and lectured in several FIFA sports law programmes. In the spring of 2024 he has co-founded SP.IN Law, a Zurich based international sports law firm.

On 21 December 2023 a judicial hat-trick stormed the scene of EU sports law. That day, the European Court of Justice (the “ECJ”) issued three decisions: (i) European Superleague Company, SL v FIFA and UEFA (Case C-333/21); (ii) UL and SA Royal Antwerp Football Club v Union royale belge des sociétés de football association ASBL (Case C-680/21)and (iii) International Skating Union (ISU) v. European Commission – Case C-124/21.

These judgments were much scrutinised (see here, here and here) in the past 6 months. For the reader’s relief, this paper will not venture into adding another opinion on whether this was a fatal blow to the foundation of EU sports law or if, after all, the substantive change is minimal (as persuasively argued here). It will analyse, instead, UEFA’s recent amendments of its Statutes and Authorisation Rules governing International Club Competitions (the “Authorisation Rules”) and whether these amendments, clearly responding to the concerns raised in the ISU judgment with respect to the sports arbitration system,[1] might pave the way for other Sports Governing Bodies (SGBs) to follow suit and what the implications for CAS arbitration might be. More...

Editor's note: Ella Limbach is currently completing her master’s degree in International Sport Development and Politics at the German Sport University Cologne. Her interests include human rights of athletes, labour rights in sport, the intersection of gender, human rights and sport and the working conditions in women’s football. Previously, she graduated from Utrecht University with a LL.M in Public International Law with a specialization in International Human Rights Law. This blog was written during Ella's internship at the Asser Institute where she conducted research for the H.E.R.O. project. The topic of this blog is also the subject of her master's thesis.

Women’s football has experienced exponential growth over the past decade, though the professionalization of the women’s game continues to face barriers that can be tied to the historical exclusion of women from football and insufficient investment on many levels. While attendance records have been broken and media coverage has increased, the rise in attention also highlighted the need for special accommodations for female footballers regarding health and safety at the workplace. Female footballers face gender specific circumstances which can have an impact on their health such as menstruation, anterior cruciate ligament (ACL) injuries and the impact of maternity. As the recent ILO Brief on ‘Professional athletes and the fundamental principles and rights at work' states “gender issues related to [occupational health and safety] risks are often neglected (p. 23).” While it could be argued that from a human rights point of view article 13(c) of the Convention on the Elimination of Discrimination of Women stipulates “the right to participate in […] sports [on an equal basis to men],” reality shows that so far practices of men’s football were simply applied to women’s football without taking into consideration the physiological differences between male and female players and the implications that can have for female players’ health. The ILO Declaration on Fundamental Principles and Rights at Work(ILO Declaration, amended in 2022) includes “a safe and healthy working environment” as one of the fundamental rights at work (Art. 2e). This begs the question whether the scope of the right to occupational health and safety at the workplace includes the consideration of female specific health issues in women’s football. More...

Editor's note: Dr Rishi Gulati is Associate Professor in International Law at the University of East Anglia (UK) and Barrister in Law. He has a PhD from King’s College London, Advanced Masters in Public International Law from Leiden University, and a Bachelor of Laws from the Australian National University. Amongst other publications, he is the author of Access to Justice and International Organisations (Cambridge University Press, 2022). He has previously worked for the Australian Government, has consulted for various international organizations, and regularly appears as counsel in transnational cases.

On 1 December 2024, Jay Shah, the son of India’s powerful Home Minister and Modi confidante Amit Shah, will take over the role of the Independent Chair of the International Cricket Council (ICC). This appointment reflects the influence India now has on the governance of cricket globally. A key test Jay Shah will face is whether or not the ICC should suspend the Afghanistan Cricket Board (ACB) from its membership as Afghanistan no longer maintains a women’s cricket team contrary to the organization’s own rules, as well as its human rights responsibilities. More...

The Editors of the International Sports Law Journal (ISLJ) invite you to submit abstracts for the next edition of the ISLJ Conference on International Sports Law, which will take place on 24 and 25 October 2024 at the Asser Institute in The Hague. The ISLJ, published by Springer and TMC Asser Press, is the leading academic publication in the field of international sports law and the conference is a unique occasion to discuss the main legal issues affecting international sports and its governance with renowned academic experts.

We welcome abstracts from academics and practitioners on all issues related to international and transnational sports law and their impact on the governance of sport. We also welcome panel proposals (including a minimum of three presenters) on specific issues of interest to the Journal and its readers. For this year’s edition, we specifically invite submissions on the following themes and subthemes:

Reformism in transnational sports governance: Drivers and impacts

Legal and social drivers of reforms in transnational sports governance
The role of strategic litigation (before the EU/ECtHR/National courts) as a driver of reform;
The role of public/fan pressure groups on clubs, competition organisers and governments as a driver of change.
The impact of internal reforms in transnational sports governance: Cosmetic or real change? (e.g. IOC Agenda 2020+5, FIFA governance reforms, CAS post-Pechstein changes, WADA sfter the Russian doping scandal)
Emerging alternatives to private sports governance – the UK’s Independent Football Regulator.

The organization and regulation of mega sporting events: Current and future challenges

Mega-sporting events as legalized sites of digital surveillance
Greening mega-sporting events (e.g. carbon neutral pledges, environmental footprints of events, the impact of multiple hosting sites)
Mega-sporting events and the protection of human rights and labour rights (e.g. Paris 2024 Social Charter, Euro 2024 human rights commitments)
The Olympic Games and athletes’ economic rights (remuneration/advertisement)
Reviews of the legal issues raised at Euro 2024 in Germany and the Paris 2024 Olympic Games
Previews of the legal issues likely to have an impact on the FIFA 2026 World Cup and the Milano-Cortina 2026 Winter Olympic Games

Please send your abstract of 300 words and CV no later than 15 July 2024 to a.duval@asser.nl. Selected speakers will be informed by 30 July.

The selected participants will be expected to submit a draft of their paper by 1 October 2024. Papers accepted and presented at the conference are eligible for publication in a special issue of the ISLJ, subject to peer-review.

The Asser Institute will provide a limited number of travel & accommodation grants (max. 300€). If you wish to be considered for a grant, please explain why in your submission.

This seminar is part of the Asser International Sports Law Centre's event series on the intersection between transnational sports law and governance and gender. Dr Pavlidis will present her take on feminist theories and sport governance by exploring sports and in particular Australian rules football and roller derby as sites of cultural transformation.

Register HERE

Australian rules football is Australia's most popular spectator sport and for most of its history it has been a men's-only sport, including in its governance and leadership. This is slowly changing. Roller derby on the other hand has been reinvented with an explicitly DIY (Do It Yourself) governance structure that resists formal incorporation by 'outsiders'. This paper provides an overview of sport governance in the Australian context before focusing in on these two seemingly disparate sport contexts to explore the challenges of gender inclusive governance in sport.

Dr Adele Pavlidis is an Associate Professor in Sociology with the School of Humanities, Languages and Social Science at Griffith University in Australia. She has published widely on a range of sociocultural issues in sport and leisure, with a focus on gender and power relations. Theoretically her work traverses contemporary scholarship on affect, power and organisations, and she is deeply interested in social, cultural and personal transformation and the entanglements between people, organisations, and wellbeing.

We look forward to hearing Dr Pavlidis present on this topic, followed by reflections and comments by Dr Åsa Ekvall from the Erasmus Center for Sport Integrity & Transition, and Dr Antoine Duval from the T.M.C. Asser Institute. There will also be a Q&A with the audience.

Download the latest programme here

Register HERE

Reformism in transnational sports governance: Drivers and impacts

Legal and social drivers of reforms in transnational sports governance
The role of strategic litigation (before the EU/ECtHR/National courts) as a driver of reform;
The role of public/fan pressure groups on clubs, competition organisers and governments as a driver of change.
The impact of internal reforms in transnational sports governance: Cosmetic or real change? (e.g. IOC Agenda 2020+5, FIFA governance reforms, CAS post-Pechstein changes, WADA sfter the Russian doping scandal)
Emerging alternatives to private sports governance – the UK’s Independent Football Regulator.

The organization and regulation of mega sporting events: Current and future challenges

Mega-sporting events as legalized sites of digital surveillance
Greening mega-sporting events (e.g. carbon neutral pledges, environmental footprints of events, the impact of multiple hosting sites)
Mega-sporting events and the protection of human rights and labour rights (e.g. Paris 2024 Social Charter, Euro 2024 human rights commitments)
The Olympic Games and athletes’ economic rights (remuneration/advertisement)
Reviews of the legal issues raised at Euro 2024 in Germany and the Paris 2024 Olympic Games
Previews of the legal issues likely to have an impact on the FIFA 2026 World Cup and the Milano-Cortina 2026 Winter Olympic Games

Please send your abstract of 300 words and CV no later than 15 July 2024 to a.duval@asser.nl. Selected speakers will be informed by 30 July.

The Asser Institute will provide a limited number of travel & accommodation grants (max. 300€). If you wish to be considered for a grant, please explain why in your submission.

Join us for the first online version of our unique training programme on ‘Sport and human rights’ jointly organised by the Centre for Sport and Human Rights and the Asser Institute taking place on May 22-24 & May 27-29.

After the success of the first editions in 2022 and 2023 the programme returns, focusing on the link between the sport and human rights and zooming in on a number of topics, such as the UN Guiding Principles for Business and Human Rights and their application in sports. We will also adopt a human rights lens to sport governance and address freedom of speech, the rights of athletes, and access to remedy.

Tackling contemporary human rights challenges in sport

The programme brings together the latest in academic research with practical experiences from working in the field in an interactive package, fostering productive exchanges between the speakers and participants. Theoretical knowledge will be complemented by exposure to hands-on know-how.

Participants will have the opportunity to learn from experts from the Asser Institute, the Centre for Sport and Human Rights, and high-profile external speakers from both academia and practice.

What will you gain?

An extensive introduction to the emergence of the sport and human rights movement
A greater understanding of the normative framework for human rights standards in sport
A comprehensive overview of the latest developments in the interplay between gender and sports
Practical know-how to govern human rights in the context of sporting organisations
Practical know-how to address human rights risks in the context of day-to-day sports, including safeguarding
Practical know-how to access remedy in human rights disputes
The opportunity to engage in discussions and network with leading academics and professionals

Topics addressed in this summer programme include:

The emergence of the sport and human rights discussion/movement
The integration of human rights in the governance of sport
The protection of athletes’ rights
Access to remedy for sport-related human rights harms

Read the full programme.

Register HERE

In partnership with:

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Editor's note: This is a call for papers for a workshop inviting sports lawyers and historians to reflect on how the lex olympica developed within the last 128 years through the prism of challenges and disruptions to the Olympic Games and the sharp and incremental changes they provoked.

Background

The lex olympica are legal rules the International Olympic Committee created to govern the Olympic Movement. Since the revival of the Olympic Games in 1896, the lex olympica, with the Olympic Charter taking its central place, has undergone tremendous changes. It has increased not only in volume but also in complexity and reach.

While some changes were designed to give further detail to the Olympic values, others seem to serve as responses to numerous disruptions and challenges that the Olympic Games experienced on their way. History shows that the Olympic Games faced boycotts, apartheid, armed conflicts, wars, propelled commercialisation, corruption, critique based on human rights and sustainability, pandemics, and many other obstacles.

One can see triggers for changes in specific incidents, broader societal changes, external political interests, long-term internal processes, etc., or further differentiate them according to relevant stakeholders impacting the change, such as IOC, NOCs, IFs, NFs, athletes, commercial partners, television, activist groups, NGOs, governments, host countries, etc. Regardless of their taxonomies, all these challenges met different reactions and affected the Olympic regulation in various ways. The IOC chose to distance the Olympic Games from some challenges and fully embrace others.

Keynote speakers

Jörg Krieger, Associate Professor, Department of Public Health and Sport Science, Aarhus University; co-leader of the Lillehammer Olympic and Paralympic Studies Center; Associate Professor II Inland Norway University of Applied Sciences.

Mark James, Professor of Sports Law and Director of Research in the Manchester Law School at Manchester Metropolitan University, Editor-in-Chief of the International Sports Law Journal.

Deadline for abstract submission: 15 June 2024

Confirmation of participation: 30 June 2024

Publication: Selected contributions will be considered for a special issue at International Sports Law Journal

Contact information

Yuliya Chernykh (Associate Professor)

yuliya.chernykh@inn.no

Organizer

Lillehammer Olympic and Paralympic Studies Center (LOSC), Inland School of Business and Social Sciences and Legal development research group at INN University

Dear readers,

I have the pleasure to inform you that our (with Prof. Johan Lindholm and Alexander Kruger from Umeå University) edited volume entitled 'The European Roots of the Lex Sportiva: How Europe Rules Global Sport' has been published Open Access by Hart Publishing.

You can freely access the volume at: https://www.bloomsburycollections.com/monograph?docid=b-9781509971473

Abstract:

This open access book explores the complexity of the lex sportiva, the transnational legal regime governing international sports. Pioneering in its approach, it maps out the many entanglements of the transnational governance of sports with European legal processes and norms. The contributors trace the embeddedness of the lex sportiva within national law, European Union law and the European Convention on Human Rights. While the volume emphasizes the capacity of sports governing bodies to leverage the resources of national law to spread the lex sportiva globally, it also points at the fact that European legal processes are central when challenging the status quo as illustrated recently in the Semenya and Superleague cases. Ultimately, the book is also a vantage point to start critically investigating the Eurocentricity and the complex materiality underpinning the lex sportiva.

Table of contents:

1. Made in Europe: Lex Sportiva as Embedded Transnational Law - 1–14 - Antoine Duval , Alexander Krüger and Johan Lindholm

I. The European Roots of Lex Sportiva

2. Embedded Lex Sportiva: The Swiss Roots of Transnational Sports Law and Governance - 17–40 - Antoine Duval

3. Putting the Lex into Lex Sportiva: The Principle of Legality in Sports - 41–68 - Johan Lindholm

4. Europeanisation of the Olympic Host (City) Contracts - 69–92 - Yuliya Chernykh

5. The Influence of European Legal Culture on the Evolution of Lex Olympica and Olympic Law - 93–118 - Mark James and Guy Osborn

6. Who Regulates the Regulators? How European Union Regulation and Regulatory Institutions May Shape the Regulation of the Football Industry Globally - 119–152 - Christopher A Flanagan

7. The Europeanisation of Clean Sport: How the Council of Europe and the European Union Shape the Proportionality of Ineligibility in the World Anti-Doping Code - 153–188 - Jan Exner

II. The Integration of European Checks into the Lex Sportiva

8. False Friends: Proportionality and Good Governance in Sports Regulation - 191–210 - Mislav Mataija

9. Sport Beyond the Market? Sport, Law and Society in the European Union - 211–228 - Aurélie Villanueva

10. EU Competition Law and Sport: Checks and Balances ‘à l’européenne’ - 229–256 - Rusa Agafonova

11. Is the Lex Sportiva on Track for Intersex Person’s Rights? The World Athletics’ Regulations Concerning Female Athletes with Differences of Sex Development in the Light of the ECHR - 257–282 - Audrey Boisgontier

III. Engaging Critically with a Eurocentric Lex Sportiva

12. Lex Sportiva and New Materialism: Towards Investigations into Sports Law’s Dark Materials? 285–308 - Alexander Krüger

Editor's note: Deeksha Malik is a final-year student at National Law Institute University, India. Her main interest areas are corporate law, arbitration, and sports law. She can be reached at dkshmalik726@gmail.com.

In 2015, while interrogating cricketer Sreesanth and others accused in the IPL match-fixing case, Justice Neena Bansal, sitting as Additional Sessions Judge, made the following observations as regards betting on cricket matches.

“Cricket as a game of skill requires hand-eye-coordination for throwing, catching and hitting. It requires microscopic levels of precision and mental alertness for batsmen to find gaps or for bowlers to produce variety of styles of deliveries’ (medium pace, fast, inswing, outswing, offspin, legspin, googly). The sport requires strategic masterminds that can select the most efficient fielding positions for piling pressure on the batsmen. Based on above description, cricket cannot be described anything, but as a game of skill.”

The debate on the issue of betting in sports has since resurfaced and gained the attention of sportspersons, media, sports bodies, policymakers, and the general public. In April 2017, the Supreme Court bench comprising of Justices Dipak Misra and AM Khanwilkar agreed to hear a public interest litigation (PIL) seeking an order directing the government to come up with an appropriate framework for regulating betting in sports. The arguments put forth in the PIL present various dimensions. One of these pertains to economic considerations, a submission that regulated betting would be able to generate annual revenue of Rs. 12,000 crores by bringing the earnings therefrom within the tax net. As for policy considerations, it was submitted that a proper regulation in this area would enable the government to distinguish harmless betting from activities that impair the integrity of the game such as match-fixing. Further, betting on cricket matches largely depends on the skill of the concerned players, thereby distinguishing it from pure chance-based activities.

The issue of sports betting witnesses a divided opinion till this day. This is understandable, for both sides to the issue have equally pressing arguments. Aside from its regulation being a daunting task for authorities, sports betting is susceptible to corruption and other unscrupulous activities. At the same time, it is argued that it would be better for both the game and the economy if the same is legalised.

THE MAGNITUDE OF CONSIDERATIONS

It is feared by some that the consequences of recognition and legalisation of betting could be negative, considering what happened in Australia. Australia legalised online betting in 2001, and by 2009, it found itself in a situation where betting took over the sporting landscape in a big way. The impact was clearly visible; betting was marketed extensively in public places, attracting many young potential punters. Some found the trend disturbing, for sports fans were more concerned about their personal gains than about the sport itself. It is estimated that around 500,000 Australians are on the verge of becoming “problem gamblers.”

There has been an increasing support for the other side of the debate that argues for recognition of betting as a legal activity. It is argued that criminalising betting does not prevent its happening; it merely drives the activity underground where it continues to thrive. Add to it the substantial revenues that government would be able to obtain therefrom. In fact, the Report of the Supreme Court Committee on Reforms in Cricket, also called the Lodha Committee Report, submitted that given the worldwide legal sports betting market which is worth over $400 billion, it will be in the best interest of the economy if betting is given legal recognition.

POSITION IN THE USA AND THE UK: GROWING ACCEPTANCE OF THE UK-BASED MODEL

In the USA, federal law has taken a tough stand against betting and gambling. The 1992 Professional and Amateur Sports Protection Act (PASPA) makes it unlawful for a person to sponsor, operate, advertise, or promote betting, gambling, or wagering scheme based, directly or indirectly, on one or more competitive games in which amateur or professional athletes participate. The provision prima facie makes no distinction between betting and gambling, and it is, therefore, irrelevant for the purpose of establishing an offence under this provision whether the activity in question involves skill or not.

On the other hand, one may refer to the position in the UK, where there has been a well-developed betting market with appropriate measures to ensure that the system is not abused. The governing organisation in this regard is the UK Gambling Commission, initially set up under the 1960 Betting and Gaming Act which works in partnership with all the sporting bodies which, in turn, frame their own bye-laws to regulate betting.[1] Apart from licensing requirements, the framework provides for an information-sharing system, whereby bookies are required to report any suspicious betting activity within their knowledge to the Gambling Commission.[2] The example of the UK shows how through appropriate safeguards and implementation policy that involves various stakeholders such as the sports bodies and the booking companies, sports betting could be effectively regulated, bringing, at the same time, significant economic advantage. It does not come as a surprise that a majority of Americans have advocated for a UK-based model.

Recently, the Supreme Court of the United States began dealing with the issue in the case of Christie v. National Collegiate Athletic Association. The State of New Jersey seeks to get the PASPA annulled, which, in turn, would facilitate state-sponsored sports betting. It is being submitted that the federal government through the aforesaid statute is violating the anti-commandeering principle of the Tenth Amendment, according to which states cannot be mandated to carry federal acts into effect. The outcome of the case would certainly have an impact on the debate, one way or the other.

POSITION IN INDIA: THE ‘GAME OF SKILL’ DEBATE

In India, the power to legislate on betting and gambling is conferred on states, since these subjects are enlisted in the State List. Nevertheless, the pre-independence legislation, namely the 1867 Public Gambling Act (Act), is still valid today, though some states have enacted their own laws pertaining to betting and gambling. Section 12 of this Act provides that it does not apply to a ‘game of skill.’ The legislation, therefore, makes a distinction between a ‘game of chance’ and a ‘game of skill.’ The term ‘game of chance’ has been explained in the case of Rex v. Fortier[3] as a game “determined entirely or in part by lot or mere luck, and in which judgment, practice, skill or adroitness has honestly no office at all or is thwarted by chance.” It has further been held in the case of State v. Gupton that any athletic game or sport is not a game of chance and instead depends on a number of factors such as skill, ability, form and practice of the participants.

At this juncture, reference must be made to the case of KR Lakshmanan v. State of Tamil Nadu, wherein it was held by the Supreme Court of India that horse racing, foot racing, boat racing, football and baseball are all games of skill. Betting on, say, a horse race entails use of evaluative skills in order to assess several factors such as speed and stamina of the horse, performance of the jockey, and the like. Similarly, the Supreme Court in State of Andhra Pradesh v. K Satyanarayana observed that rummy is not like a three-card game which is based substantially on chance. There is considerable amount of skill involved in memorising the cards, or in holding and discharging them, in a rummy game. The uncertainty involved in shuffling and distribution of the cards does not alter the character of the game to one based on chance.

Based on these judgments, it is reasonable to infer that betting in cricket, too, is an activity involving sufficient skill and is not based merely on chance. A person who studies the form and performance of a player, the conditions of play and the like could predict the outcome of a game with a reasonable accuracy. The mere uncertainty of the outcome should not come in the way of understanding sports betting as an activity based on skill. Considering this important factor, the government should proceed to develop an appropriate framework to regulate betting.

A PRACTICAL POLICY FRAMEWORK

The International Cricket Council, too, has suggested that India should come up with a suitable policy framework to regulate betting.[4] Such a framework would keep a check on individuals and further help detect and prevent corrupt activities. The above-mentioned Lodha Committee Report has strongly recommended legalising cricket betting in India. The suggestion is based on the premise that while match-fixing interferes with the integrity of the game itself and is unacceptable, betting is a “general malaise” indulged by different sections of the society and is capable of being regulated. Therefore, betting should not be equated with unscrupulous activities such as match-fixing.

Having been so distinguished, a regulation along the lines of the UK model could be put in place to establish regulatory watchdogs tasked with monitoring betting houses and persons entering into betting transactions. Those placing bets could be brought within a licensing system wherein their identification and other details are recorded. This could be supplemented by an information-sharing mechanism whereby a database of undesirable entities such as bookies and fixers would be shared with players so that they do not remain in the dark with respect to suspicious activities. Importantly, players, match officials and administrators should be kept out of such regulated betting, and they should continue to be bound by the Board of Control for Cricket in India (BCCI) and IPL rules. It is important to note here that the BCCI Anti-Corruption Code prohibits participants from soliciting, authorising, placing, accepting, laying, or otherwise entering into any bet with any person in relation to the result, progress, conduct or any other aspect of any match or event. The Code further makes it an offence to ensure “the occurrence of a particular incident in a match or event, which occurrence is to the participant’s knowledge the subject of a bet and for which he/she expects to receive or has received any reward.” As can be seen from the provisions, the liability is imposed specifically on the participant. This is in line with the opinion of the Lodha Committee, which has recommended that if betting were to be legalised, the players should nevertheless be barred from indulging in the activity so as to prevent any apprehension concerning their integrity. It is submitted that bringing these reforms in the current uncertain and highly ambiguous regime would address several surrounding issues, provided all the stakeholders work in tandem.

Lesson could be learnt from the state of Nagaland, which recently enacted a law, namely the 2016 Nagaland Prohibition of Gambling and Promotion and Regulation of Online Games of Skill Act. The said legislation defines “games of skill” as including “all such games where there is a preponderance of skill over chance, including where the skill relates to strategising the manner of placing wagers or placing bets, or where the skill lies in team selection or selection of virtual stocks based on analyses, or where the skill relates to the manner in which the moves are made, whether through deployment of physical or mental skill and acumen.” Besides providing such an inclusive definition, the Act sets out a schedule enlisting certain activities that shall be regarded as games of skill, such as poker, rummy and virtual games of cricket and football. All such games shall be regulated by way of issuance of a license to persons or entities based in India. Upon receiving the license, such a person or entity is eligible to earn revenue from games of skill, whether by way of advertising, obtaining a share of winnings or charging a fee for membership.

Some stakeholders are advocating for a uniform legislation on betting that would ensure that the legal position on betting remains the same across all the states. In July 2017, the All India Gaming Federation along with an advisory panel presented a white paper to Law Commissioner BS Chauhan, recommending a central legislation regulating online skill gaming, and that sports betting in general and cricket betting in particular be recognised as a game of skill. Such a legislation could introduce a system of checks and balances along the lines of that existing in the UK, for instance. A proposal has also been moved from the Central Information Commission in the case of Subhash Chandra Agrawal v. PIO, recommending the Government of India to consider moving the subject of sports from the State List in the Constitution of India to the Concurrent List so as to ensure a uniform policy regulating sports bodies and national sports federations such as the BCCI.

CONCLUSION

The international discourse on the issue of sports betting shows just how inadequate the Indian legal regime is to cater to the same. Suggestions have been pouring in from all quarters as to how, upon being legalized, cricket betting could be regulated. These suggestions, along with international best practices concerning ethics and betting, should be taken into account by the legislature and the executive to bring in an appropriate framework to address cricket betting. This, of course, requires the active participation of all the stakeholders, with the BCCI leading the way.

[1] Ali Qtaishat and Ashish Kumar, ‘Surveying the Legality Issues and Current Developments’ (2013) 20 JL Policy and & Globalization 40, 42.

[2] See Gambling Act 2005 s 88.

[3] Rex v. Fortier 13 Que. KB 308.

[4] Rohini Mahyera, ‘Saving Cricket: A Proposal for the Legalization of Gambling in India to Regulate Corrupt Betting Practices in Cricket’ (2012) 26 Emory Int'l L. Rev.

Our International Sports Law Diary
The Asser International Sports Law Centre is part of the

Conference - Empowering athletes’ human rights: Global research conference on athletes’ rights - Asser Institute - 23 October

Luxembourg calls…is the answer from Nyon the way forward? Assessing UEFA’s response to the ECJ’s ISU judgment - By Saverio Spera

Women’s Football and the Fundamental Right to Occupational Health and Safety: FIFA’s Responsibility to Regulate Female Specific Health Issues - By Ella Limbach

The International Cricket Council and its human rights responsibilities to the Afghanistan women's cricket team - By Rishi Gulati

[Call for Papers] - International Sports Law Journal - Annual Conference - Asser Institute, The Hague - 24-25 October 2024 - Reminder!

[New Event] Feminist theory and sport governance: exploring sports as sites of cultural transformation - 9 July -15:00-17:00 - Asser Institute

[Call for papers] - International Sports Law Journal - Annual Conference - Asser Institute, The Hague - 24-25 October 2024

[Online Summer Programme] - International sports and human rights - 22 - 29 May 2024 - Last spots!

[Call for Papers] Through Challenges and Disruptions: Evolution of the Lex Olympica - 20 September 2024 - Inland School of Business and Social Sciences

[New Publication] - The European Roots of the Lex Sportiva: How Europe Rules Global Sport - Antoine Duval , Alexander Krüger and Johan Lindholm (eds) - Open Access

Asser International Sports Law Blog

Our International Sports Law Diary
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Towards a Suitable Policy Framework for Cricket Betting in India - By Deeksha Malik

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