Winning is a natural and predictable outcome in a sporting event when there is fair play. However, there are also unforeseen situations that may lead to unexpected problems. In this case, alternative legal services may be useful in taking the necessary measures and finding alternative solutions. Indeed, everyone engaged and interested in sports should be aware of the relationship between sports and law.
AREAS OF PRACTICE:
- Law on sports clubs and associations
- Disciplinary proceedings
- Arbitration
- Doping/anti-doping procedures
- General sports contracts and special consulting services for professional athletes (especially for traps in sponsorship and management contracts)
A. LAW ON SPORTS CLUBS AND ASSOCIATIONS
Law on sports clubs and associations encompasses complex processes such as protection of an athlete’s intellectual property and other personal rights, support in doping allegations and revocation of a sports club membership, as well as contract negotiations between sports clubs and athletes.
Those in need of advice can ask for counsel and request getting in touch with the officers and members of associations. Sports agencies and sponsors often turn to legal firms that specialize in sports law and seek guidance on contracts from a sports law specialist.
With a narrow focus, sports law concerns: 1) rules governing the rights and duties of athletes; 2) the structure, activities and interrelations of sports organizations; 3) actions, obligations and responsibilities of those in charge of sports activities, especially coaches; 4) conduct of natural and legal persons; 5) fair play in sports; 6) the legal authority of judicial bodies in sports-related matters and their rules for resolving disputes within the framework of procedures and principles.
In a broader scope, sports law relates to: 1) the right to be engaged in sports and to participate freely in sports activities; 2) social security and labor law concerning sports activities and relations; 3) regulations on the rights and relationships of professional sports actors; 4) prevention of unacceptable behaviors in sports, such as violence, doping, and criminal and disciplinary actions; 5) all kinds of measures and authorities for justice and peace in sports; 6) rules for organizing international sports competitions at the level of individuals, institutions, organizations and states, as well as relations between them (ERKİNER, 2002).
Thus, threats to athletes’ and agents’ careers and reputations may be avoided by addressing preventable issues on time and effectively managing them.
B. DISCIPLINARY PROCEEDINGS
The athlete’s or the relevant person’s right to a fair trial should not be compromised during disciplinary proceedings. An athlete should be well informed on how their rights will be exercised during such proceedings, what they should be aware of throughout the process, and what the right to a fair trial entails. Without sufficient information, it will be futile to object to the disciplinary committee’s ruling at the end of the disciplinary proceedings. Making convincing explanations is critical in the absence of intent or in the presence of negligence.
C. ARBITRATION PROCESS
Arbitration is a means of resolving disputes outside of court. It is a common legal practice in the sport industry since it offers a rapid and conclusive resolution to disputes. Therefore, it is used to settle disputes in sports-related cases. The Court of Arbitration for Sport (CAS), established by the International Olympic Committee (IOC), is the key institution providing international arbitration in the field of sports.
In Türkiye, the main arbitral bodies are the Arbitral Tribunal of the Turkish Football Federation, which is engaged in football, a sport that has achieved an autonomous status due to its popularity and wide range of funding sources, the Arbitral Tribunal operating under the General Directorate of Youth and Sports, and the Court of Arbitration for Sport (CAS) at the international level. These tribunals function similarly to the Supreme Court, and local judicial review does not apply to their rulings (ÖZSOY, 2008).
D. DOPING/ANTI-DOPING PROCEDURE
Doping revelations can frequently impact not just the reputation of the athlete but also that of the team or the sporting community.
Doping controls are defined in the World Anti-Doping Agency’s (WADA) International Standard for Testing and Investigations for anti-doping organizations.
Doping control processes must respect certain standards, necessitating professional control officers, clear rights and duties, and high quality. In Türkiye, doping controls are performed as per the “Turkish Anti-Doping Regulation”.
What are the consequences of doping?
Aside from the associated health risks, the identification of an anti-doping rule violation may lead to sanctions and a sports ban, often resulting in financial hardships such as the loss or reimbursement of financial support for the sanctioned individuals, along with challenges in finding employment opportunities. Moreover, potential loss of reputation and respect within personal circles such as family, friends, employers, or school can result in social isolation.
Rights and obligations during controls
Athletes should know and exercise their rights and obligations during doping controls. Doping control officers must follow strict regulations. Athletes should be informed about all the relevant stages and have their questions answered. A urine and/or blood sample may be taken during a doping control, and a blood sample may be requested in addition to or apart from the urine test. This whole process must be carried out with due diligence.
Athletes may request information and that the test be performed duly. They have many rights such as requiring information about the consequences of refusing to be tested, requesting control material in its original packaging, and asking for a copy of the signed form. Meanwhile, they are expected to follow the control officer’s instructions and sign the examination form.
If the anti-doping test of an athlete is positive due to a therapeutic use exemption, the athlete may apply for a retroactive therapeutic use exemption.
“The athlete is required to know their status, to apply accordingly and to indicate that status during the application. If there is an issue with the athlete’s status in the Therapeutic Use Exemption application, the relevant federation and/or the Turkish Anti-Doping Commission will not be held responsible for the issue.” (TUE Guidelines, article 1.6)
E. GENERAL SPORTS CONTRACTS, AND SPONSORSHIP CONTRACTS FOR PROFESSIONAL ATHLETES
Sponsorship may improve the performance of athletes and the quality of sports competitions. However, the opportunities and capabilities made available by sponsors come with certain risks.
The vast financial resources provided by sponsors are increasingly threatening athletes’ core values. The notion that “the end justifies the means” may be ingrained in an athlete by a sponsor, and this can result in legal disputes.
Sponsorship also entails sports-related risks. The risks associated with sports sponsorship may stem from the nature of the sport itself. For example, an athlete may have a terrible season or become inactive owing to an unanticipated injury. Moreover, a tournament or event in which the athlete may be awarded could be canceled. In this case, athletes’ chances of demonstrating their abilities are restricted.
It is not uncommon to see that renowned sports stars facing injury or a decline in performance turn to doping to qualify for a sports event.
Doping and manipulation of a competition may undermine a particular sport or the credibility of a sports event. In doping cases, athletes often immediately withdraw from competitions to evade the accusations. Nonetheless, given that a withdrawal clause is absent from most sponsorship contracts pertaining to sports and athletes, this situation may cause a breach of contract, potentially leading to the termination of the athlete’s career. To mitigate such concerns, it is advisable to seek legal advice prior to entering into a sponsorship contract.
In short, the pursuit of sports and the aspiration to become a professional in this domain are always valued, despite the inherent risks involved. Our belief is that the sport industry, an integral component of the entertainment industry, ought to experience continuous growth through year-over-year increments in economic investments and should not be overshadowed by preventable risks. Nevertheless, whenever athletes and the industry face challenges, there exists a prompt and efficient alternative solution that aligns with the principles of sportsmanship.
Sources:
- ERKİNER, K. “Spor Hukukunun Tanımı, Araştırma Yöntemleri, Devletler üstü Teşkilatları, Rolü, Gelişmiş Ülkelerdeki Eğitimi”, 7. Uluslararası Spor Bilimleri Kongresi Kongre Kitabı (2002).
- Turkish Anti-Doping Commission – Website: https://www.tdmk.org.tr/hakkimizda/
- AnSne-ophie M.E. Morand – Chancen und Risiken im Sportsponsoring – Der Wert eines Sponsoringengagements – Insbesondere am Beispiel der Nutzung von Namensrechten an Sportstadien (2018) https://www.walderwyss.com/user_assets/publications/Chancen-und-Risiken-im-Sportsponsoring-1.pdf
- Selami Özsoy – Spor Hukukunda Tahkim, SPOR YÖNETİMİ VE BİLGİ TEKNOLOJİLERİ DERGİSİ 2008 Volume: 3 – ISSUE: 1 https://dergipark.org.tr/tr/download/article-file/118064
- Doping Control Process – Turkish Anti-Doping Commission https://www.tdmk.org.tr/wp-content/uploads/2018/02/Bir_Bakista-Doping_Kontrol_Sureci.pdf