Gaming and Sports Archives - Legal Desire Media and Insights https://legaldesire.com/category/sports-law/ Latest Legal Industry News and Insights Fri, 22 Apr 2022 09:54:28 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://legaldesire.com/wp-content/uploads/2018/11/cropped-cropped-cropped-favicon-1-32x32.jpg Gaming and Sports Archives - Legal Desire Media and Insights https://legaldesire.com/category/sports-law/ 32 32 Latham & Watkins Advises Communications & Power Industries in Strategic Investment by The Jordan Company https://legaldesire.com/latham-watkins-advises-communications-power-industries-in-strategic-investment-by-the-jordan-company/ https://legaldesire.com/latham-watkins-advises-communications-power-industries-in-strategic-investment-by-the-jordan-company/#respond Fri, 22 Apr 2022 09:54:28 +0000 https://legaldesire.com/?p=61109 The Jordan Company, L.P. (TJC), a middle-market private equity firm with four decades of experience enabling companies and their management teams to accelerate strategic growth initiatives, has announced an investment in Communications & Power Industries (CPI), a global manufacturer of electronic components, subsystems, and antenna systems for communications, government, and medical markets. TJC will partner […]

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The Jordan Company, L.P. (TJC), a middle-market private equity firm with four decades of experience enabling companies and their management teams to accelerate strategic growth initiatives, has announced an investment in Communications & Power Industries (CPI), a global manufacturer of electronic components, subsystems, and antenna systems for communications, government, and medical markets. TJC will partner with the Company to accelerate growth and pursue synergistic acquisitions.

Latham & Watkins LLP represents CPI and Odyssey Investment Partners in the transaction with a corporate deal team led by New York partners John Giouroukakis and Paul Kukish and New York counsel Michael Vardanian, with associates Daniel Williams and Christine Ollmann. Advice was also provided on tax matters by New York partner Alan Kimball, with associate Lukas Kutilek, and on benefits and compensation matters by New York partner Bradd Williamson, with associate Anne Bracaglia.

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Game On, Rules Unclear! https://legaldesire.com/game-on-rules-unclear/ https://legaldesire.com/game-on-rules-unclear/#respond Thu, 24 Feb 2022 05:47:02 +0000 https://legaldesire.com/?p=59762 The Maze: The Sports (Online Gaming and Prevention of Fraud) Bill, 2018 (“Sports Bill”) was introduced in Lok Sabha on December 28, 2018, with an aim to prevent and penalize sports fraud, and establish regulatory mechanism for the online gaming sector, which has thereafter lapsed. Meanwhile, the ambiguities with respect to the legal framework of […]

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The Maze:

The Sports (Online Gaming and Prevention of Fraud) Bill, 2018 (“Sports Bill”) was introduced in Lok Sabha on December 28, 2018, with an aim to prevent and penalize sports fraud, and establish regulatory mechanism for the online gaming sector, which has thereafter lapsed. Meanwhile, the ambiguities with respect to the legal framework of online gaming continues to persist. 

Presently, All India Gaming Federation (“AIGF”) and Federation of Indian Fantasy Sports (“FIFS”) are the self-regulating bodies which have issued charters to regulate online sports gaming space applicable to the members of the respective federations. Although these charters aid in streamlining the conduct and governance of the online gaming platforms, however, in absence of any statutory force, these charters are but toothless tigers and are applicable only to the respective members of AIGF and FIFS. Also, there is no consistency in respect of certain key provisions under the charters published by the federations as seen below. 

  1. Membership: The AIGF Online Games of Skill Charter (“AIGF Charter”) aims to regulate all games of skill played online in pay-to play formats offered by its members operating in (i) online poker games, (ii) online fantasy sports games, (iii) online rummy, (iv) casual games, and (v) esports (“AIGF Member Platform”). However, the FIFS Charter Online Sports Fantasy Sports Platforms (“FIFS Charter”) aims to regulate only its members operating in online fantasy sports (“FIFS Member Platform”).
  2. User Restriction: The AIGF Charter requires that the AIGF Member Platform must offer its games only to ‘Indian Residents’, which is in line with the definition of ‘person resident in India’ under the Foreign Exchange Management Act, 1999 (“FEMA”). Meanwhile, the FIFS Charter uses the term ‘Indian users’ which paves way for ambiguities for lack of strict defined contours.
  3. Restriction on Foreign cards/ payments: While there is a specific prohibition on payment in terms of any foreign currency including international credit cards under the FIFS Charter in consonance with regulations under FEMA, AIGF broadly prohibits cross border liquidity which reeks of vagueness and uncertainty.
  4. Geographic Restriction and Geographic Exclusion: The AIGF Charter mandates the requirement of geo-blocking mechanism as well as implement user-location verification processes at the time of registration of the participants and prize distribution. Such restrictions are not mandated under the FIFS Charter. However, where the user is from a state that does not permit pay-to-play formats, the FIFS Member Platform is entitled to terminate prizes, forfeit the platform fee, prize pool contribution and all contest accounts.
  5. Personal Information: The AIGF Member Platforms are required to publish terms and conditions, inter alia, privacy policies and other policies regarding protection of personal information. The FIFS Charter is seemingly silent on this subject matter.
  6. ‘Member Personnel’ and Prohibition on Participation: While similar prohibitions with regard to participation by members are placed under both the charters, unlike the FIFS Charter, by virtue of the definition of ‘Member Personnel’ provided under the AIGF Charter, such prohibition is extended to ‘any person connected’ to the AIGF Member Platform having access to proprietary, sensitive or confidential information relating to the services offered by the said AIGF Member Platform is inherently prohibited from participation.
  7. Confidential Information: With regard to the preferential disclosure of confidential information, the AIGF charter puts additional onus on the Member Personnel not to share any proprietary, sensitive or confidential information with any other online game providers. Unlike the FIFS Charter, the AIGF Charter requires the Member Personnel to sign appropriate documentation to give effect to this principle. 
  8. Grievance Redressal: The AIGF Charter employs robust complaint redressal mechanism in which a grievance officer is appointed to deal with complaints in relation to breach of the AIGF Charter, healthy trade practices practice or legal provisions. The complaint redressal mechanism is not mandated under the FIFS Charter.
  9. Audits and Consequences of Breach: The AIGF Charter provides for periodic audits of the AIGF Member Platforms to ensure compliance of the terms and conditions stipulates under the AIGF Charter. However, the FIFS Charter does not provide for any deterrent for breach of its provisions.

The Way Out:

NITI Aayog in its Draft for Discussion on ‘Guiding Principles for the Uniform National Level Regulation of Online Fantasy Sports Platform in India’, noted that the fantasy sports industry has the potential to attract foreign direct investment of more than INR 10,000 crore over the next few years as well as generate 1.5 billion online transactions by 2023. Taking note of the promising prospects of the online gaming sector, the Union Budget, 2022 has proposed setting up a task force for the promotion of animation, visual effects, gaming and comics (“AVGC”) sector. The task force is likely to elevate the AVGC sector in India to its full potential, besides building domestic capacity for serving the markets, generating employment amongst the youth and attracting foreign investments.

Recently, the Karnataka Government had banned online gaming in the state by way of an amendment in the Karnataka Police Act, 1963 (“Police Act”), however, the amendment was set aside by the Karnataka High Court, as online gaming does not fall under the purview of the Police Act. Previously, similar attempts made by other state governments have also been set aside by the Indian courts. 

It is the appropriate time for the government to enact requisite legislation to codify and provide strict regulatory framework to streamline the conduct of the platforms in the online gaming sector. While the meaning of ‘skill’ and ‘chance’ have been settled by Indian courts, the legal framework must additionally consider addressing the prerequisites and obligations of online gaming platforms, inter alia, relating to licensing, data protection of the users, geographic restrictions and exclusions, applicability of regulations under FEMA, customer grievance mechanism and stringent penalties for breach of such obligations. 

 

AUTHORS: 

  • Ambuj Sonal, 

Associate Partner, Link Legal

  • Subham Biswal, 

Trainee Associate, Link Legal 

 

DISCLAIMER:

The contents of this article are for general information and discussion only and is not intended for any solicitation of work. This article should not be relied upon as a legal advice or opinion.

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The Legal Acceptance of Fantasy Sports in India https://legaldesire.com/the-legal-acceptance-of-fantasy-sports-in-india/ https://legaldesire.com/the-legal-acceptance-of-fantasy-sports-in-india/#respond Tue, 02 Nov 2021 07:25:27 +0000 https://legaldesire.com/?p=57967 Gone are the days of passively watching your favourite sports teams. Fantasy sport platforms have revolutionised the way people engage with sports, and thanks to tournaments such as the IPL, they are becoming hugely popular in India. Marketed as a way for sports fans to meaningfully engage with their favourite sports, fantasy sport platforms have […]

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Gone are the days of passively watching your favourite sports teams. Fantasy sport platforms have revolutionised the way people engage with sports, and thanks to tournaments such as the IPL, they are becoming hugely popular in India. Marketed as a way for sports fans to meaningfully engage with their favourite sports, fantasy sport platforms have seen a rapid growth to over 100 million users and is expected to grow further.

However, the legality of betting on fantasy sports is a highly contested topic, intertwined with India’s often unclear gambling laws. However, a recent case has established the betting on fantasy sports to be legal and we will cover this in the article. 

What Games can be Played for Money Currently in India?

Currently there are many games that are available online that can be played for money. These are broken down into three key areas of Real Money Games, such as online Poker, mobile centric games such as Candy Crush, and e-Sports such as FIFA and Counterstrike. These games manage to navigate and circumvent the vague laws that try to ban playing online games for money.

You will find many games in India are largely classed as being a game of chance or a game of skill. This distinction goes on to decide largely whether it is legal to bet on them or not. The ruling of where fantasy sports like in this distinction has been contested recently, with a growing body of academicians considering fantasy sports to be skill dominant. However, do the courts agree with this decision? Before we dive into this, here is a brief outline on how fantasy sports work.

How do Fantasy Sports Work?

Fantasy sports are a type of online sports gaming where sports fans can create their own virtual teams for popular sports such as football, cricket, basketball, and kabaddi, based on real-life players. As scheduled matches and games play out in real-life, the virtual players in a fantasy team earn points based off their real-life counterparts.

Many fantasy sports platforms offer a dual model where sports fans can either ‘play for free’ or ‘pay to play’. The former model allows users to play competitions for free. While it is common for these competitions to have no monetary prize, some of them do. Whereas the latter model requires an entry fee where the top prize is a monetary reward consisting of the total pool of entry fees at the end of the competition. 

How Much do Fantasy Sports General Annually?

The Indian online gaming market has soared in recent years which can be attributed to several factors. Specifically, the growth of the fantasy sports market can also be recognised through other key reasons. A few to important aspects are the development of sports leagues such as the Indian Super League and the Hockey India League, legitimate partnerships between these sports leagues and fantasy sports platforms, and general growth of digital usage in India. The surge of reasonably priced smartphones, fast internet, and cheaper data plans, all contribute to this. 

Due to these factors, in the last five years the number of people who game has increased from two million to over a hundred million. This increase is also mirrored in the revenue of the fantasy sports platforms, where it has risen from Rs 920+ crore in 2019 and is expected to generate Rs 11,880+ crore in 2023.

The Question of Skill or Chance?

Whether a game to win money is justified as skill-based or chance-based is imperative to finding out the legality of it. Within India’s ruling, games of chance, whereby the outcome of the game is heavily influenced by a random result, are treated as illegal. Games of skill on the other hand, where the outcome is predominantly determined through a player’s mental skill, are mostly considered legal. 

In which category fantasy sports can be classified, either as a game or skill, has been hotly contested. However, on the 4th of August, the Supreme Court of India dismissed an appeal against a decision of the Rajasthan High Court, deeming that the online fantasy game popular for cricket betting, Dream 11, involves skill and is not gambling. This decision was instrumental in spreading the awareness regarding the legality of fantasy sports, ultimately encouraging more sports fans to participate.

The decision of the Supreme Court has also been supported by academic institutions such as the Indian Institute of Management in Bangalore. They conducted studies to prove that fantasy sports are games of skill due to the input from the users of the fantasy sports platforms.

What Does this Hold for the Future of Sports Betting?

While there are many similarities between sports betting and fantasy sports platforms, the former remains illegal in India. Despite this, there is still a market for sports betting, albeit unregulated. Many are calling for the regulation of this market which would allow revenue to be generated by taxing the earnings of Indian bookies. 

However, impacts such as corruption in sports, tracking the flow of money, and promoting potentially addicting habits for some individuals, all still plague the future for regulated sports betting. 

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Can Flutter and Fox make amends to deliver on US online gambling promise? https://legaldesire.com/can-flutter-and-fox-make-amends-to-deliver-on-us-online-gambling-promise/ https://legaldesire.com/can-flutter-and-fox-make-amends-to-deliver-on-us-online-gambling-promise/#respond Fri, 09 Jul 2021 09:11:03 +0000 https://legaldesire.com/?p=55864 The US gambling industry has seen many key changes in the past few years. With an increasing number of sportsbooks opening, the race has been on to see which gambling company will have the most impact. FanDuel is the clear leader, and they are 95 percent owned by Flutter. December 2020 saw the Fox Corporation […]

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The US gambling industry has seen many key changes in the past few years. With an increasing number of sportsbooks opening, the race has been on to see which gambling company will have the most impact. FanDuel is the clear leader, and they are 95 percent owned by Flutter.

December 2020 saw the Fox Corporation backing a £1.1 billion share sale by Flutter Entertainment. They are the parent company of well-established bookmakers Betfair and Paddy Power.  The aim of the share sale was to allow Fox to get more shares in FanDuel, who have been expanding their business. They have had great success in the fantasy sports business but are now branching out and launching sportsbooks too.

Peter Jackson is the chief executive of Flutter and in 2018 saw a fantastic opportunity arise. It had been the case in the US that the federal government ruled on whether states could legalize gambling. A landmark US Supreme Court judge ruled that it should be the individual states who make that decision.

This has led to many (but not all) US states legalizing betting, especially on sport. The Flutter chief executive swiftly saw the business opportunity that was being created and an initial stake in FanDuel was attained.

As seen on gamble USA, all has not been going well between Fox and Flutter. Fox took legal action against a company they describe as a “partner.”  They have a 2 per cent stake in Flutter after Flutter’s merger with The Stars Group (TSG).  There had been some co-operation between Fox and TSG with Fox Bet being launched. Fox has an option to get an 18.6 per cent stake in FanDuel but aren’t happy with the price of achieving that.

The Murdoch family is keen to now take up that FanDuel option but not at the price that is on the table.  Jackson is not happy with this and is insisting that Fox pay the “fair market value” of the stake. That is to be established this month by at least two investment banks.

Deciding on a valuation isn’t an easy task with some differing amounts currently in play. One figure for Fox to pay is £3 billion, another has it at £1.56 billion, a fair gap indeed.  It’s not surprising that the dispute has had to go into arbitration in front of a New York judge. This is unlikely to be a swift process and could even last into the second half of 2022.

March of this year saw Flutter say they were thinking of an initial public offering of FanDuel. That looks a good decision to take considering how successful the gambling industry is becoming in the USA. It would also see them take advantage of a difference between how listed companies act in the USA compared to Europe with a traditional premium.

This looks unlikely to happen while the arbitration process is going on. Some sources though say that the option that Fox has relates to the operating business of FanDuel, a subsidiary of a listed entity.

There are plenty of views on how this will all end. Some believe that Fox wants a merger between FanDuel and Fox Bet, the latter not doing as well as expected so may need a bit of a boost.

Again, this is something that Jackson isn’t that happy with. In March, he was critical of Fox Bet during an analysts’ conference. He spoke of the “struggles” that Flutter is having with the “quality” of Fox Bet product. Interesting times lie ahead as the companies try to come to some agreement.

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How is iGaming regulated in the US and why are more States approving it? https://legaldesire.com/how-is-igaming-regulated-in-the-us-and-why-are-more-states-approving-it/ https://legaldesire.com/how-is-igaming-regulated-in-the-us-and-why-are-more-states-approving-it/#respond Sat, 03 Jul 2021 02:59:03 +0000 https://legaldesire.com/?p=55242 Despite being heavily regulated in the United States of America, the iGaming industry is still one of the biggest in the country, as it continues to grow in popularity across the region. Of course, there are a number of different reasons as to why the sector is becoming highly popular, with more and more people […]

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Despite being heavily regulated in the United States of America, the iGaming industry is still one of the biggest in the country, as it continues to grow in popularity across the region.

Of course, there are a number of different reasons as to why the sector is becoming highly popular, with more and more people looking to play a variety of different games and get involved in sports betting to access a new form of entertainment, pick up a new hobby, or to simply try and add some money to their income by trying to win big.

Naturally, each state in the United States of America has taken note of the increase and rise of the iGaming sector, which has then meant that they would look to act upon it and try to take advantage of it by providing some updated legislation that allows for the gambling activity to take place within their borders.

iGaming is regulated heavily but Supreme Court have paved the way to make it easier

As mentioned, the US is still regulating gambling rather highly, however there have been changes in the law in recent times that has meant that it is becoming slightly easier for iGaming operators to set up their operations.

One way in which the country is allowing operators to set up businesses is by letting each state make a decision about whether to permit it or ban the activity within their borders and then allowing them to introduce their own legislation.

Unsurprisingly, there have already been a number of states that have taken advantage of the Supreme Court ruling that the state of New Jersey managed to achieve in 2018, with iGaming operators able to provide platforms and operations in various areas around the country.

For instance, there is a plethora of states that have already allowed sports betting to take place, whilst there are only a handful of states that currently allow for online casinos that have slots and games to play, such as Pennsylvania, which facilitated the appearance of the first online platforms for its residents in July 2019.

However, whilst there are a vast number of states that have looked into passing new laws and legislation to allow for gambling to take place, there are still some states that are opposed to the idea, with some not even considering the possibility of permitting it.

Why are US States approving iGaming?

There will be a number of reasons as to why even more states are continuing to flirt with the idea of approving iGaming activities within their state borders, although the biggest will subsequently come down to the money that is involved and can potentially be earned by allowing it.

For instance, there are a number of states who already allow for legal online gaming and mobile sports betting that have benefited financially due to the taxes that can be made from the operators who have services being utilized within the region.

With the financial climate having been impacted over the last few years, the taxes earned are a huge positive for many of the states involved, as it will have provided them with some much-needed additional funds, whilst also lifting a burden that may have been faced due to the amount of revenue that may have been lost elsewhere.

Lawmakers have always been desperate to find a way to top the coffers that they have and it is thought that iGaming could be the best way to do that currently.

Another reason includes trying to make their states more appealing to others, as this could be a way to boost the income generated as more and more people may decide to move to the area.

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Laws and Regulations relating to Sports in India https://legaldesire.com/laws-and-regulations-relating-to-sports-in-india/ https://legaldesire.com/laws-and-regulations-relating-to-sports-in-india/#respond Thu, 24 Dec 2020 12:09:21 +0000 https://legaldesire.com/?p=48261 Introduction: India is a country with utmost talent in the field of sports. Hockey, Cricket, Badminton, Football and many more are cherished by the youngsters and many of them make a career in these fields. India supports this involvement of youth by conducting various national and international events where the talented sportsmen can show their […]

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Introduction:

India is a country with utmost talent in the field of sports. Hockey, Cricket, Badminton, Football and many more are cherished by the youngsters and many of them make a career in these fields. India supports this involvement of youth by conducting various national and international events where the talented sportsmen can show their strengths and win the matches against the other sportsmen. But there are many things that have to be considered while conducting the events. At times, there are some contestants that choose unfair means to win matches, not only this, there are many instances where strict and abundant laws have to be enacted to protect the sanctity of the events. Sports should be played with utmost truth and fairness and anyone who dismays the same shall be liable for his/her actions.

Unfortunately, India has very limited laws and the matters of unjust means are held or listened to in the supreme court or high courts of India. This causes an issue because the judges of the Supreme Court and High Court do not have the same level of expertise in the field of sports and hence, sometimes the decisions made can be unfair. Hence, emergence of Law and Regulation in the field of Sports is very important in India so as to develop and contribute to the sports jurisprudence. Countries like USA, France, China, and many more have laid strong emphasis on sports law which make their sportsmen excel even more in the field.

In the recent times, we have seen and read about many inappropriate sports news which have shook the nation. The IPL Match Fixing in which Chennai Super Kings and Rajasthan Royals were suspended from playing the IPL for 2 years straight. Other than this allegation of sexual assaults, Olympic Games Scandal, Betting, Drugs, etc. are many things that we come across the news every now and then. But does the Indian Government have proper laws and regulations to control the same?

The Indian government established the Ministry of Youth Affairs and Sports to promote, develop and excel in the field of sports in both national and international competitions. A few of the regulatory bodies which govern sports law in India are National Sports Policy, Sports Law and Welfare Association of India, and Sports Authority of India. Each regulatory body has a specific aim they need to fulfill for the welfare of the sports community.

National Sports Policy:

The history of national sports policy can be taken back to August 1984, when the policy was laid in the Parliamentary house. The sole aim of the policy was to improve the very standards of sports in the country. The objective of the national sports policy was to develop the infrastructure, integrate sports with education, access of proper and high-quality equipment’s and training to sportsmen, development of national sports federation, etc.

Sport Law and Welfare Association of India:

A non-profit organization which professionally operates with the aim to appreciate, advance, and ethically practice sports law in India by teaming up with legal practitioners and sportsmen. This organization provides consultation with reference to issues relating to sports law, governing bodies of different sports, intellectual property matter in the sports domain, etc. The organization helps in the exchange of views and perspective between different individuals by providing a platform where lawyers represent the athletes, the team, the leagues, the institute, etc.

Sports Authority of India:

This authority was set up to conduct various sports events in India and to strengthen the sports field and indulge into various events like academic programs, physical education awareness, enhancement of skills of Indian Athletes, etc.

In India, sporting events and competitions have a huge influence and millions see such competitions directly in stadiums as audience or at their homes through national television. And hence, these events have huge significance in India.

But these laws, policies, and regulatory bodies are only concerned with the improvement of sports or improvement of sports facilities, or sharing of views and perspectives. None of them have strict laws for violation of rules and regulations in the sports events. There are many unjust ways through which a sportsman can violate the rules and regulations of the sport. Not only unjust means of play, but unfair contract with the owners, broadcasting issues, match fixing, etc. do exist in the sports field and has to be taken into serious consideration and sooner or later rules governing the same should be laid down.

Usage of Drugs which are banned:

The most common and serious issue relating to sports is the use of drugs in competitions. Many sportsmen use drugs to improve their performance which strengthens their core and lets them get an upper hand among the other contestants. These sportsmen when caught are just penalized for the same. But this is a grave concern and the governing bodies need to come up with serious laws to hold these sportsmen accountable for their action and keep corruption in sports in check. Discouraging these activities since the very beginning would help the other sportsmen not to take such path and develop their skills with their own strength which would be beneficial for the country and the individual as well.

Betting and Match Fixing:

Some Athletes or Teams fix there matches before the start of the match and voluntarily lose or win a match in exchange of something more valuable. This needs to stop as it is a direct violation of fair play. It does not matter if it is a small game of chess or a big international match of cricket, Match Fixing should be deemed as a crime and the such corruptible activities should be a major concern. Betting and Gambling are also taken under corruptible acts after a certain extent because this indirectly results in profit and remove the actual essence of sports.

Issues relating to broadcasting events:

The grant of broadcasting rights of a particular sporting event causes a great controversy as many television channels want to broadcast the event for a bigger viewership. This needs urgent measures of introspection which can reduce the ruckus so caused.

There are also some issues that can arise between a sportsmen and his/her owner. For instance, a footballer who wants to retire in peace after a long period of time is denied of the same and is forced to play a few more matches for his team by the owner of the team. This is a grave violation of the player’s right and should be taken seriously. Many a times, owners tend to manipulate the player by increasing the working hours, reducing remuneration, degrading the working condition of the player in terms of training, etc. and the players face trouble in serving the team with his/her best efforts and hence, there should be proper rules and regulations for this to not happen to any sportsmen.

Conclusion:

Sports being famous and also an important part of the Indian culture gains more and more attention with each day passing by and hence, needs proper laws and regulations for covering the grey areas as discussed above. The existing policies and regulatory bodies are not enough for the grave and serious difficulties and issues faced by the sportsmen in the game. The wrongdoers need to be held accountable and be punished for their actions for a fair opportunity to the other contestants. Every sport event should be fair and just and the Indian Government needs to formulate laws for the same. Being a country with mostly youths, proper implementation of sports law would attract more talent in the sports field which would make India a even more strong competitor in the International events which would be a huge moment of honor and respect.

  

References:

·       https://www.asser.nl/sportslaw/about-the-centre/community/national-sports-law-associations/sports-law-welfare-association-of-india-india/

·       https://delhi.gov.in

·       https://en.wikipedia.org/wiki/Sports_Authority_of_India

·       https://yas.nic.in/sites/default/files/File918.compressed.pdf

·       https://blog.ipleaders.in/need-reforms-indian-sports-law/#Problems_marring_the_Sports_in_India

·       https://blog.ipleaders.in/emerging-sports-law-india/

·       http://www.legalserviceindia.com/legal/article-3287-shortcoming-of-sports-law-in-india.html

 

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Grounds for disqualification of a cricket player and team as per ICC Rules https://legaldesire.com/grounds-for-disqualification-of-a-cricket-player-and-team-as-per-icc-rules/ https://legaldesire.com/grounds-for-disqualification-of-a-cricket-player-and-team-as-per-icc-rules/#respond Tue, 11 Jun 2019 15:26:04 +0000 https://legaldesire.com/?p=35275 The ICC Cricket World Cup held recently between India and South Africa had sparked a controversy when the International Cricket Council prohibited Indian wicketkeeper Mahendra Singh Dhoni to wear a pair of gloves sporting an insignia of the Indian Army. The ICC also turned down the BCCI’s (Board of Control of Cricket in India) request […]

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The ICC Cricket World Cup held recently between India and South Africa had sparked a controversy when the International Cricket Council prohibited Indian wicketkeeper Mahendra Singh Dhoni to wear a pair of gloves sporting an insignia of the Indian Army. The ICC also turned down the BCCI’s (Board of Control of Cricket in India) request to allow M. S. Dhoni to wear the glove with the ‘Balidan badge’. Following this rule, the audience was seen holding banners with the same insignia, during the latest held India versus Australia match.

Keeping this into mind, let’s discuss what constitutes as a ground for disqualification of a cricket player or a team according to the ICC’s rules.

For an international cricket player representing his team and his country, Article 2 of the ICC’s Rules of Code of Conduct for Players lays down certain criteria which qualify as offences and can result in disqualification of any cricket player. The Code of Conduct offences cover a variety of different behaviours and levels of seriousness. It is not intended to penalize trivial behavior. Levels of charging have been assigned for each offence, ranging from Level 1 for conduct of a minor nature, up to Level 4 for conduct of an extremely serious nature.

The phrase “during an International Match” should be interpreted broadly to cover all conduct which takes place at the ground on the day of an International Match, and not just conduct which takes place on the field of play. It will therefore include conduct which takes place off the field of play, for example in the changing rooms, or during any of the intervals in the match.  The major responsibility is ensuring fair play, apart from that following are some of the instances-

2.1 Excessive appealing during an International Match- Appealing here includes constantly requesting the umpire to announce a decision in their favour, or appealing for different decisions, advancing towards the umpire in an aggressive manner so as to put him under pressure etc

2.2 Abuse of cricket equipment or clothing, ground equipment or fixtures and fittings during an International Match.- any action(s) outside the course of normal cricket actions, such as hitting or kicking the wickets and any action(s) which deliberately (i.e. intentionally), recklessly or negligently (in either case even if accidental) results in damage to the advertising boards, boundary fences, dressing room doors, mirrors, windows and other fixtures

2.3 Use of an audible obscenity during an International Match- use of words commonly known and understood to be offensive, obscene and/or profane (in any language) and which can be heard by the spectators and/or the viewing public whether by way of the stump-microphone or otherwise

2.4 Disobeying an Umpire’s instruction during an International Match- failure to comply with the Umpire’s instructions

2.5 Using language, actions or gestures which disparage or which could provoke an aggressive reaction from a batter upon his/her dismissal during an International Match- (a) excessive celebration directed at and in close proximity to the dismissed batter; (b) verbally abusing the dismissed batter; and (c) pointing or gesturing towards the pavilion.

2.6 Public criticism of, or inappropriate comment in relation to an incident occurring in an International Match or any Player, Player Support Personnel, Match Official or team participating in any International Match, irrespective of when such criticism or inappropriate comment is made.

2.7 Showing disagreement at an Umpire’s decision during an International Match- excessive, obvious disappointment with an Umpire’s decision; an obvious delay in resuming play or leaving the wicket; shaking the head; snatching the cap from the Umpire; and arguing or entering into a prolonged discussion with the Umpire about his/her decision

2.9 Throwing a ball (or any other item of cricket equipment such as a water bottle) at or near a Player, Player Support Personnel, Umpire, Match Referee or any other third person in an inappropriate and/or dangerous manner during an International Match

2.10 Any of the following conduct which constitutes ‘unfair play’-

deliberate attempt to distract striker, deliberate distraction, deception or obstruction of batter, bowling of dangerous and unfair short pitched deliveries, bowling of dangerous and unfair non-pitching deliveries, bowling of deliberate non-pitching deliveries, bowling of deliberate front foot no balls, wasting time by any Player or team, fielder causing deliberate or avoidable damage to the pitch, bowler running on protected area, batter causing deliberate or avoidable damage to the pitch, striker in the protected area, batter stealing a run, unfair actions not covered elsewhere in clause 41 of the ICC Standard Test Match, ODI and T20I Playing Conditions.

2.11 Any attempt to manipulate an International Match for inappropriate strategic or tactical reasons

2.12 Inappropriate physical contact with a Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during an International Match

2.13 Personal abuse of a Player, Player Support Personnel, Umpire or Match Referee during an International Match

2.14 Changing the condition of the ball in breach of the spirit of the game

2.15 Attempting to gain an unfair advantage during an International Match

2.16 Intimidation of an Umpire or Match Referee whether by language or conduct (including gestures) during an International Match

2.17 Threat of assault on another Player, Player Support Personnel, Umpire or Match Referee or any other person (including a Spectator) during an International Match

2.18 Physical assault of another Player, Player Support Personnel, Umpire, Match Referee or any other person (including a spectator) during an International Match

2.19 Any act of violence on the field of play during an International Match

2.20 Conduct that is contrary to the spirit of the game

2.21 Conduct that brings the game into disrepute

Grounds for disqualification of a team

The offences as committed by a team are laid down in the ICC’s Playing Handbook along with some other offences mentioned in the law book of the ICC. Examples of some of them are-

  • Forgery, manipulation, tampering, manufacture or creation of false or incorrect documents for the purposes of these Regulations, including (without limitation) for the purpose of attempting to satisfy any of the eligibility criteria described in these regulations.

  • Assisting, encouraging, aiding, abetting, covering up, and/or any other type of complicit behaviour of any player by other members.

  • Failing to cooperate fully, promptly and in good faith with the ICC and the ICC Eligibility Bodies in the discharge of their respective responsibilities as set out in these regulations, including in relation to the player’s determination of eligibility and any subsequent monitoring.

  • Being involved in malpractices such as betting, match fixing and other related activities. This is an absolute liability and the entire team is held responsible irrespective of  the fact that just one member was involved in such kind of activity.

Sources

https://www.icc-cricket.com/about/cricket/rules-and-regulations/code-of-conduct

https://www.icc-cricket.com/about/the-icc/publications/playing-handbook

https://www.icc-cricket.com/about/cricket/rules-and-regulations/playing-conditions

https://www.icc-cricket.com/cricket-world-cup/about

https://www.lords.org/mcc/laws

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