WHAT IS SPORTS LAW ?
Sports law is an area of law which relates to the sporting activities and events in the country. It is emerging line of law which deals with the legal issues pertaining to acts and issues of sports players, teams, managers and associates. It includes the traditional area of laws like contract law, tort law, trademark law, and various others.
WHAT ARE THE ISSUES IN THE FIELD OF SPORTS LAW?
There are various issues under this ambit:
1. Contracts between sports players and other parties
2. Doping Policies
3. Harassment in Sports
4. Sports injuries regarding the liability
5. Tort law
6. Broadcasting Rights
7. Conflict of interest regarding the endorsement by players
8. Endorsements & Advertising
9. Intellectual Property Rights
10. Players Rights
WHAT LAW GOVERNS SPORTS AND ATHLETIC ACTIVITIES IN INDIA ?
Sports law in India is evolving. There is no single, comprehensive law governing sports in India. The Constitution of India specifically states that sports fall under the jurisdiction of State governments (Entry 33, State List in Schedule VII). In practice, rules formulated by the Sports Authority of India and ‘Sports Law and Welfare Association of India’ apply to the administration of sports.
The following laws and regulations also apply:
- National Sports Policy, 2001 formulated by the Central Government to achieve the twin objectives of “broad-basing” of sports and “achieving excellence in sports at the national and international levels”
- Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
WHAT ARE THE VARIOUS CONTRACTS BETWEEN SPORTS PLAYERS AND OTHER PARTIES?
There are various contracts between players and other parties are:
1. Standard Player Contract
2. Appearance Contract
3. Endorsement Contract
4. Indemnity Agreement
5. Agency Contract
- What is a Standard Sports Player Contract?
Standard Player Contracts are signed between Sports Clubs and the Athlete where the Athlete agrees to play for the concerned Sports Club. These types of Contracts are signed by the athlete, regardless of their salary and bonuses.
- What is a Sportsmen Appearance Contract?
Appearance Contracts are signed by the athlete to appear in public functions, in exchange for certain considerations. The terms of such appearance and the requisite compensation rates are established in these contracts
- What are Endorsement Contracts under Sports Laws / for Sportsmen?
Endorsement Contracts establish the relationship between the athlete and private sponsors. These contracts enable the
sponsors to use the name on image of the athlete in advertisements
- What is an Indemnity Agreement?
These agreements are also called as Insurance Agreements. As many sportspeople are susceptible to physical injuries, this kind of contracts become quite important for the athletes, sports clubs and sports event organizer.
- What is an Agency Contract?
The agent is the person who manages most of the professional aspects of the athlete. Agent and athlete have agent and principal relation between them.
WHO FORMULATES VARIOUS SPORTS POLICIES IN INDIA?
The Ministry of Youth Affair and Sports is the authority that formulates policies regarding sports in India.
WHAT IS DOPING IN SPORTS?
Doping in competitive sports is referred to the usage of performance enhancer drugs which are banned by anti-doping laws of various authorities.
WHAT IS NATIONAL ANTI-DOPING AGENCY?
National Anti-Doping Agency is mandated for Dope free sports in India. The primary objectives of the Agency are to implement anti-doping rules as per World Anti-Doping Agency Code, regulate dope control program, to promote education and research and creating awareness about doping and its ill effects.
- WHAT IS WORLD ANTI-DOPING AGENCY?
World anti-doping agency is responsible for regulating the usage of performance enhancer drugs. World anti-doping agency has a code called the World anti-doping Agency Code. It is a document, which lays down anti-doping rules, regulations, and policies worldwide
- WHAT IS DEPARTMENT OF YOUTH AFFAIRS AND SPORTS?
Department of Youth and Affair was set up by the Government for the purpose of governing and looking after the sports area of the country. They are also responsible for giving away the Arjuna Award and Rajiv Gandhi Khel Ratna Award.
- WHAT IS THE IMPORTANCE OF COMPETITION LAW IN THE AREA OF SPORTS LAW?
Competition law determines any contract to be a void contract which adversely affects the market. Broadcasting rights issues generally come under the cap of sports law as granting of these rights is a major problem.
- WHAT IS DOPING IN SPORTS?
Doping in competitive sports is referred to the usage of performance enhancer drugs which are banned by anti-doping laws of various authorities.
- WHAT IS NATIONAL ANTI-DOPING AGENCY?
National Anti-Doping Agency is mandated for Dope free sports in India. The primary objectives of the Agency are to implement anti-doping rules as per World Anti-Doping Agency Code, regulate dope control program, to promote education and research and creating awareness about doping and its ill effects.
What is World Anti-Doping Agency?
World anti-doping agency is responsible for regulating the usage of performance enhancer drugs. World anti-doping agency has a code called the World anti-doping Agency Code. It is a document, which lays down anti-doping rules:
- Tampering with any part of the doping control process.
- Possession of a prohibited substance or method. The World Anti-Doping Agency annually updates the List of Prohibited Substances and Methods. The list is the International Standard defining what is prohibited in-competition
- Land out of competition. The list also indicates whether particular substances are banned in particular sports.
- Trafficking a prohibited substance or method.
- Administering or attempting to administer a prohibited substance or method to an athlete.
- Complicity
- Prohibited Association
- WHAT ARE THE AUTHORITIES FOR SPORTS IN INDIA?
The main authorities for sports in India are:
1. Ministry of Youth Affair and Sports
2. National Sports Federation
3. Sports Law and welfare association of India
4. Sports Authority of India
5. Team sports also have their own governing bodies like BCCI, Indian Hockey Federation.
Who formulates various sports policies in India?
The Ministry of Youth Affair and Sports is the authority that formulates policies regarding sports in India.
What is department of youth affairs and sports?
Department of Youth and Affair was set up by the Government for the purpose of governing and looking after the sports area of the country. They are also responsible for giving away the Arjuna Award and Rajiv Gandhi Khel Ratna Award.
- WHY ARE THERE LAWS ABOUT SPORTS BROADCASTING?
Domination of sports television by private channels made it necessary for the government to pass the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007, or the Sports Act. It aims to provide free access to ‘sporting events of national importance’ to everyone. It mandates all private sports content owners to share their broadcast, without advertisements, to Prasar Bharati, which is the government broadcasting network. They then transmit the event through Doordarshan and All India radio, throughout the country. This was implemented following the Madras High Court decision in the case of Citizen, Consumer and Civic Action Group & Anr. v. Prasar Bharati & Ors. This 2004 case was filed in the context of India-Pakistan cricket series, to be conducted in Pakistan. Ten Sports acquired the global television and radio broadcasting rights for it. The Indian government faced difficulties in getting terrestrial rights to telecast these matches live. The court, considering the balance of convenience, directed transmission of live footage on Door darshan by retaining the Ten Sports” logo and honouring the advertisement contracts.
WHO REGULATES INDIVIDUAL SPORTS IN INDIA?
Individual sporting events are regulated by their respective ‘national sporting federations’. The Union Ministry of Youth Affairs and Sports grants recognition to these federations for promoting and regulating the respective sport in India. If they fail to comply with government directives, the Ministry can withdraw the recognition granted.
For instance, recognition of the Archery Association of India as a ‘National Sporting Federation’ was withdrawn in 2012 for not conducting elections, as mandated by the National Sports Development Code of India 2011. It was restored only in 2020.
WHAT IS THE LEGAL STATUS OF NATIONAL SPORTING FEDERATIONS LIKE THE BADMINTON ASSOCIATION OF INDIA?
The Central government recognizes the National Sporting Federations and they are eligible to receive funding in certain cases. While such bodies are not considered as governmental bodies, the Supreme Court held that they can be subjected to judicial review under Article 226 of the Constitution, since they discharge ‘public functions’ including selection of national teams, representing India in international sports events and forums, etc.
HAS THE GOVERNMENT TAKEN ANY STEPS TO ENSURE TRANSPARENCY IN THE FUNCTIONING OF THESE SELF-GOVERNING SPORTS FEDERATIONS?
The Government of India has implemented National Sports Development Code of India 2011 (NSDCI), which contains instructions on democratic and healthy management practices, age and tenure limits of office bearers, holding of elections as per model election guidelines devised by the Government, etc.
Since 2010, the government has made an annual recognition procedure mandatory for such organizations. Only those federations which comply with NSDCI provisions will be granted such recognition every year.
HOW DO SPORTS-RELATED DISPUTES GET RESOLVED IN INDIA?
There are no designated avenues for sports disputes’ adjudication currently. Though normal court mechanisms can be employed, they are inefficient and slow and do not have the expertise required in these kinds of disputes.
The Court of Arbitration for Sports (CAS) is the supreme international sports dispute resolution body set up in 1983. Following this, the Indian Court of Arbitration for Sports (ICAS) was set up in 2011 for a specialized robust dispute resolution mechanism in sports and related matters. However, this proved ineffective. The Sushil Kumar v. Union of India case highlighted the drawbacks in sports dispute resolution in India and the need for urgent reforms. Recently, the Sports Arbitration Center of India was set up in 2021. The usefulness of this center is yet to be proven.
DUCTUS EDGE 