Sport law and society - Essay Example

199602 INTRODUCTION It is said that the British modern sports are part of the educational ideas and started as a branch of curriculum to improve student friendship, competition, health and communication. From there, it has come a long way and today, it is difficult to see that uncomplicated face of sports any more. Instead, it is full of standardisation, record-setting, specialisation, objectivity, acute media interest, money involved, commercialisation, advertising, investment, fan involvement sometimes to the extent of insanity, requirement of complex skills, expectation of performance beyond logic, particularity and its entertainmental value. Politics, history, sociology, economy, accounting, media, entertainment, nationalism, racism, gender issues, drug abuse and unhealthy competition have all become part of almost all the sports. No doubt there are many negative aspects; but there still remain a few very positive factors in every form of sports that makes it divine even today. The pure competition, the thrill of enjoyment of playing and watching both do not fail to take us back to the days of Athens sports when sports was played for crystal clear enjoyment and sporting spirit. It has also become a rich language of nationalism and differentiation. It represents the national aspirations and standoffishness both. The pride involved is because of the nationalistic dimension, which sometimes can go overboard, if not properly controlled. When we talk about the controlling, we unwittingly venture into the arena of Sports Law. EXPANDING REGION OF SPORTS Today, sports come under the banner of social psychology and its theories of communication, inclusion and wellbeing of the society. A society which encourages sports activities at any levels like regional, national and international, is regarded as a healthy society that can face playful, ethical and healthy challenges. As a bridge of communication, builder of friendship, resurrector of healthy bodies and minds, and as promoter of strong and competing outlook, sports is unparalleled. It is nothing new that sport has not remained as pure happiness any more and is increasingly getting commercialised which has created both advantages and disadvantages. There are other connected problems that could create or spoil a perfect social atmosphere. Still sports is considered to be one of the highpoints of human life even in the days of early Roman or Greek civilizations. Sports implies some kind of physical activity that could improve the mental or physical prowess of the participants and enjoyment of the onlookers. The competitions are not considered to be a show of enmity, but of happy competition. The 'Spirit of the Game' is the main slogan here. LEGAL SCOPE Although sports should be ideally played in good-humoured and pleasant atmosphere, every country knows today that sports has to be bound by national and international laws that should be respected by all the connected teams and countries. Any deviation from this law is punishable and the rough play, foul mouthing, un-sportsman-like behaviour, hooliganism by fans are all controlled through civil and criminal laws of the land and through the international sports law. Rough sports should be contained and there has to be a realisation that roughness in sports should not go beyond a certain limit. Adventurous sports could be curtailed by law if there is definiteness about its causing body injury for participants, onlookers or both. INTERNATIONAL LAW International sports law is growing steadily in recent years and has shown that it could be very effective1. It has advocated the efficiency of non-judicial remedies which could be tried before approaching the Courts and Tribunals and in some cases, non-judicial remedies could be more effective and less taxing2. But any attempt to flout the rules and regulations of international sports law could end up in embarrassment and perplexity3. At the same time, there is an increase of conflict between national law and international law. There could be issues where both could be in loggerheads of one another. National courts should be very careful while resolving international sports activity disputes that have become increasingly common today. "Among the most difficult issues of international sports law today-perhaps the most difficult-is the role of national courts. Some would argue that they are too intrusive in the sports arena. Others would argue the opposite: that courts should be more active in protecting the rights of athletes and the best interests of organised sports.4" ENGLISH LAW Apart from legal conflicts that could normally arise out of any sports activities, it has erupted with many conflicting issues today that had never been foresee a few decades ago. Sports is touching many other subjects and areas that could lead to unending legal battles. One such region of conflict that has cropped up in recent years is the legal status of a sports Star's image rights. It is important for the sports person whether he could prevent the misuse of his name in any way and if so, how. A sports icon can use his image in many ways. He could advertise, lend it to logos, promote a brand or many brands, recommend, he could talk about the ills of the society and coming from a highly influential person like him, it would be accepted by the society. He could promote health; societal ethics, morality, animal protection, education, women rights, liberty and he could advocate freedom of thought and other liberal rights. But while doing so the sports person's image or name could be misused to a very large extent and it is increasingly becoming necessary for all the countries to recognise the sports star's rights over the image, privacy and his own control over all of them. Under English law, this has not been completely accepted till now. English law has resisted making any commitments in this area for a long time. English law has always been rather slow and traditional and believes in not evolving too fast, which is not at all a bad policy. "..has steadfastly refused to adopt any embracing principle that a person has a right to his, or her name, or, for that matter, to identifying characteristics, such as voice or image. An entitlement simply to demand that such characteristics without more amount to property in personality is rightly regarded as a step too far.5" As today's temperament, issues, technology, society and life are evolving too fast and becoming more and more mercurial, it is not easy for the lawmakers to change the laws frequently to keep pace. In recent years, most sports people work under a legally binding contract and the terms of these contracts have to be appreciated and agreed upon by both the parties. Mostly the position is that of an employer and employee when such obligatory contracts are drawn for the players. Contract law applies to this portion of sports law as it is. "Under English law, a legally binding contract is generally dependent upon there being offer and acceptance, consideration, intention to create legal relations and a lack of vitiating factors.6" The legal system naturally expects the parties to honour the terms of contract and if they do not do so, naturally a legal battle will follow. Along with this knowledge, we are also aware that sports has become increasingly political in the last century and continues to be so even now. "During the 20th cent., sports took on an increasingly international flavor; aside from the world championships for individual sports, like soccer's World Cup, large-scale international meets, such as the Pan-American games and the Commonwealth Games, were inaugurated. Sports have correspondingly become increasingly politicized, as shown in the boycott of the 1980 Moscow games by Western nations and the retaliatory boycott of the 1984 Los Angeles games by Soviet-bloc nations, an exchange brought on by Soviet actions in Afghanistan.7" SPORTS LAW Sports law is not an independent entity, drawn in favour of solving the sports problems and issues. It developed as a part of any other legal regions, because all of a sudden, sports started coming under legal purview. Till then, it was an area of pure enjoyment before the commercial issues tagged along. Commercialisation of sports fields led to legalisation of sports in the society and today, the conflicts connected to sports do not surprise people. But the sports law simply came into being as answer to the demands from the various aspects of modern sports. "It is fair to say that a discreet body of what one many now call 'Sports Law' has developed - and is continuing to do so - in many parts of the world. Sports law has also spawned a new generation of lawyers specialising in this particular field.8" Today most of the law firms have their own branch of sports law practitioners. There is more at stake in every branch of sports now that leads the sporting community to seek legal advice and legal rulings from courts of law and tribunals very often. The sports law of today is the consequence of such desires and it has the luxury of drawing from many sources of already established legal regions. "As a consequence of increased legalism in sport, there is now a body of sporting case law from the commonwealth and other jurisdictions on which English (and Welsh) lawyers can readily draw. Cross-fertilisation from other common law jurisdictions is a feature of our legal system.9" But this does not mean that modern sports has become a negative factor in the society. It is still appreciated and to some extent, venerated Sports activities are integral part of the modern society today and hence, neither sports nor sports laws are resented. As the entertainment factor of modern society, it has emerged into huge industry and continuing to do so in spite of its becoming more and more professional where amateurs hardly find any place. In a proportional way, sports law is gaining foothold in every sphere of sports. Even though it is a growing body of law both in civil and criminal jurisdictions and sometimes, it could be very disturbing and annoying, society does not loath the sports. It is important to know that sports is highly beneficial to any society and country. It might have its own advantages and disadvantages. But it is always presumed that the advantages outweigh the disadvantages from a very broad margin. No doubt, there is a definite necessity to curb the unruly repercussions of the sports and its connected activities. But every country accepts it as an unavoidable nuisance, because it is connected with the people and spirit of the society and country. Hence, it is important that society has to see the sports not as a burden, but as a thrilling part of entertainment for the vast majority in the community and it is the duty of nation and community both to provide morale, legal protection and jurisprudential support to sports. It is also necessary that the general public, keeping in mind the enormous benefits of the sports on the members of the society, should be able to shoulder some of the burdens and negative effects of sports willingly. Hence it is not an activity to be curbed, but a highly beneficial and entertaining part of any healthy society. It is always interesting to know how the general public react to sports and sports icons. "Traditionally the sports sector has developed rules which have attempted to maintain a competitive balance between participants. Given the extent of commercialisation in European sport, the maintenance of these rules is considered to be essential.10" Thus, sports law remains a specialised branch of pure law. It is a combination of many regions within the law and needs help from all branches of it. "Sports law is, to some extent, an artificial or invented field of specialism. On one view, it is merely a combination of a number of different areas of law, which happen to have the common connection that they arise in the context of sport: contract law, restraint of trade, compliance with the principles of natural justice, and personal injury law, to name some of the most obvious examples.11" It has not always been easy to apply the law of other areas to Sports law, because sports problems are unique and different. There are many kinds of issues involved here, starting from the personal prejudices and preferences of sports people, agents and managers of athletes, sporting bodies, media organisations and sponsors generating immense competition and conflict. Disputes arising functional performance, terminations of contracts, individual problems and prejudices and the fashion worlds of sports icons all have come under judicial review in recent years. The society has tolerated the eccentricities and peculiarities of all the icons with indulgence and tolerance. To a very large extent, people enjoy the sports that entertain them. They also get high excitement out of it and sometimes tolerate sports as another necessary evil. Today most forms of sports are supported by legal firms who have a separate person trained in Sports Law. They take up cases of local community and international competition level both. Sports Law is an accepted legal entity in all the countries now. Some legal professionals have set up ongoing legal and consultancy services for sports professionals within the country and internationally. Their representatives cover most of the events trying to pick the legal angle. This, no doubt has made the game slightly unpleasant; but the changes have come not only to the sports region, but also to the entire human society. In recent years, with the upcoming sports law making its existence felt, and society accepting sports, sports law is gaining increasing stability and recognition. Now it has touched areas like intellectual rights, telecasting time, airing time, unauthorised and authorised sports telecasting rights, infringing on players' rights of publicity, transmitting copyrights and connected information, and profiting from it without any licensed background etc. There are increasing cases with immense legal potential in civil, criminal and Torts law. It has pervaded the internet and the pertinent areas in the internet that the sports can relate itself. "Legal experts say technology -- specifically the Internet -- is revolutionizing the way fans view and participate in sports while simultaneously creating a host of new legal headaches for the sports industry. In the last two years alone, more than a dozen copyright infringement and other IP-related suits have popped up in the sports world.12" Last year's Francis Landis' clinging to the title despite drug abuse and the results therein is one example of legal practitioners trying to upset the sports decisions13. In recent years, Rugby has advocated stronger punishments for unruly behaviour. The International Rugby Board is contemplating stiffer punishments, bans etc. to control violence on the ground and this could become another potential legal ground of long-drawn legal battles14. The legal wrangle between the G14 and FIFA in connection with Abdelmajid Oulmers and his Belgian club Charleroi who claimed 616,000 euros from FIFA, disgusted many soccer fans, in spite of their being indulgent and taking sides initially. Another absolutely potential legal field is cropping up in the form of legal medicine, which will definitely venture into long-drawn legal battles and damage claims. "The recent tragic deaths of Minnesota Vikings offensive lineman Korey Stringer and Northwestern University football player Rashidi Wheeler raise important legal issues concerning the medical care provided to athletes. Since 1990 there has been a significant increase in sports medicine related litigation. Because of the increasing economic benefits of playing sports, such as college scholarships or multi-million dollar professional contracts, injured athletes have a strong incentive to seek compensation for harm caused by negligent sports medicine care rendered by team physicians, athletic trainers, and others"15. INDIVIDUALITY OF SPORTS LAW "Sports law however, differs markedly from such other activity defined or vertical fields of law in that it is developing under its own impetus, without any legislative underpinning to speak of at any rate in the United Kingdom.16" Even though this statement is true, sports law does not fail in taking help from other branches of law. There is a tremendous influence of civil law on English sports law. In the context of sports, general principles of international law are assimilated. To mention a few; freedom of contract is applicable and the sports people are permitted to put down their own terms, bargain for those terms and if breached, either party can go to the court seeking justice and compensation17. According to pacta sunt servanda unless the party can show that the reasons for not adhering to the terms of the contract are beyond its control, it has to perform as mentioned in the contract. Contracts are bound by good faith, protections of legitimate expectations, necessity of seeking the parties' intent etc. They are also bound by equal treatment, proportionality and unbiased conduct without prejudice. Today, many other aspects of sports have come under legal systems. Violence in sports has been challenged in both criminal and civil courts. In bigger spheres of sports main problem has been the hooliganism and the continuation of enmities even after a certain sports event, which usually ends in 'settling the scores'. There are other issues like commercial and employment aspects. Here again, the member states of the European union have automatically come under the EU jurisdiction, even though there are matters of contention in this field. In addition, World Anti-Doping Agency is trying to curb the wrong practices in the game. The rulings of this body become final in the dope tests. It is necessary for every country and society to agree with such rulings, because drugs are not only the bane of sports people, but also of general public. Any wrong doing or taking any drug to enhance the sporting capabilities is unethical, as the additional unnatural strength of the sports person will deprive of the winning opportunities of the other participants who cannot muster that kind of unnatural competing strength, not being under the influence of powerful drugs. The supporting public too should not have unnatural expectations from the sport heroes, because it can put enormous pressure on the players, which would make them to think of short cuts to glory and to avoid unpleasant treatment by the mercurial fans. It is necessary for the people to realise that their team should not and cannot win always. A sport that is perpetually one-sided is unhealthy and weak. Sports law is becoming more self-sufficient under the guidance of Court of Arbitration for Sport. Sports law groups and teams are recognised to provide legal services to blue chip clients belonging to the sports sector. These lawyers have expertise not only in the sports law, but also in several connected jurisdictions that could bring comfort to their clients. Lawyers recognise that the modern sports spectre is in need of proactive and commercial. They should be able to advise on high profile 'cutting edge' issues of advertising and fashion world, as the sports personalities today have ventured into advertising, fashions, charity, cinema, clubs, multimedia events, agencies etc. sponsors come from opulent and ambitious background now. In recent years, there have been talks about building an ultimate sports community and this means society is happy with the lawful sports, in spite of its tending to become slightly unlawful at times, as long as the proper laws are in place. Sports personalities meet adulation and resentment both from the community. But no one can deny the economic benefits of sports on national finance. Sports England says that 15 billion a year is the contribution of sports to national economy and in the last five years, it has shown nearly 50% growth18. In a way the sports sector is supposed to reflect the society itself. According to an Indiana University Professor, "Sport tends to reflect society, and we live in a violent eraWe have a violent society where people use violence to solve problems instead of using other means.19" Simultaneously society recognises the abnormal growth and influence of sports culture and its obvious benefits that are undeniably unbiased. "This mass communicated and highly commercialised sports culture is easily related to myriad issues concerning socialization, interpersonal communication, value formation, racial and gender assessments and the balance of political and economic power.20" CONCLUSION The globalisation of sports and the telecasting have made sports a universal enjoyment wherever it is taking place. For example, the baseball, which was a sports rooted only in America, is deriving global attention today. With the globalisation, problems like drug taking to increase energy and stamina have cropped up and the familiarization of foreign sports laws has become essential. "Routine issues range from the recruitment, retention, and transfer of athletes to product endorsements by players and avoidance of double taxation. The application of foreign law and procedures and consideration of varying structures of sports organizations abroad are normally within the margins of a sport lawyer's practice.21" The Pope has established a sports department in the Vatican for brotherhood through sports. There has been improvement in gender involvement and two Muslim Iranian women conquered Everest. Another reflection of the society is the way sports changed the face of racism, challenged by people like Jackie Robinson. Modern cities are expected to be equipped with all the sports facilities. Even in the rural areas, governments try hard to establish sports complexes. They are part of the so-called development of society's landscape. "Changes in the urban social organisation in the radial city had particularly important consequence on the sport. Many of those changes were products of the city's altered physical structure and the evolving patterns of values and behaviour.22" Talking about racial levelling, football has been an evidence of Britain's multicultural present existence, starting from Arthur Wharton in 1889. There are researchers who feel that the governments should not allow the entertaining and beneficial part of it to diminish in the society. As long as laws are in place and protection is granted, government can help the society to retain the original values of the sports. "It is the government's role to ensure that the entertainment side of the sports - the relationship of the fans to their games - is preserved and protected. The government is also charged with the responsibility of ensuring that the sports business is conducted in accordance with the law.23" This does not mean that the sports personalities do not undergo difficult days. They do and Zidane's incident is one such example. In another example, we can remind ourselves of the asylum seeker Bangura, the Watford midfielder, who is caught between deportation and career tension24. Societal indifference and governmental non-co-operation might make matters worse for players. No doubt the sports law will give them justice. But it is reliably known that out of courts settlements are preferred by all the parties connected with the sports. That shows that society cares very much for the sports and athletes plus their connected personalities. Civil law with its damages and compensations can grant a deal of relief to the sports personalities and others according to the incidents. Criminal law, Torts too will support sports personalities within the legal frame work. Despite that, it is the society that supports the sports and its so-called harmful affects on it. This is done because society knows that sports is its main entertainment that retains the spirit of the society. Apart from the international money spinning nature of the sports, it is also society's entertainer and conscience keeper of rights and wrongs. Any blatant mistake in this aspect will not go unpunished. Hence, the society is ready to bar the burden of sports and its many demands. Sports law whether it is drawing from the civil law or from the criminal law, keeps in mind that sports is the ultimate gainer. This makes the society the loser to a large extent. But all the laws are formed with the understanding that society is capable and willing to shoulder that additional burden. There cannot be a branch called sports law unless the governments and society are prepared to honour the rulings of such law. BIBIOGRAPHY: 1. Beech, John and Chadwick, Simon (2004), The Business of Sports Management, Pearson Education, Harlow. 2. Beloff, Michael et al (1999), Sports Law, Oxford. 3. Gardiner, Simon (2006), Sports Law, Routledge, Cavendish. 4. Nafziger, James, The Future of International Sports Law, http://www.willamette.edu/wucl/pdf/review/42-4/nafziger.pdf 5. 6. Nafziger, James, 'INTERNATIONAL SPORTS LAW AS A PROCESS FOR RESOLVING DISPUTES', International and Comparative Law Quarterly 1996 45(1):130-149. 7. Parrish, Richard (2003), Sports Law and Policy in the European Union, Manchester Univesity Press. 8. Reiss, Steven A. (1989), City Games, University of Illinois Press. 9. Staudohar, Paul and Mangal J.A. (1991), The Business of Professional Sports, University of Illinois Press. 10. Wenner, Lawrence A. (1989), Sports, Media and Society, Newbury Park, Sage Publications. 11. ONLINE SOURCES 1. http://www.brandslaw.com/documents/infocentre/seminars/23sept2003no2.pdf 2. http://www.sportengland.org/ 3. http://newsinfo.iu.edu/news/page/normal/449.html 4. http://www.4-5graysinnsquare.co.uk/practiceareas/index.cfmid=492 5. http://www.law.com/jsp/article.jspid=1109128216973 6. http://sport.guardian.co.uk/tourdefrance2006/story/0,,1838594,00.html 7. http://www.sportbusiness.com/news/158302/rugby-could-face-legal-battles 8. http://www.skysports.com/story/0,19528,11688_2886191,00.html 9. http://findarticles.com/p/articles/mi_qa3735/is_200201/ai_n9035284 10. http://www.infoplease.com/ce6/sports/A0861281.html 11. Read More