In Focus: Walker Morris - Preserving The Integrity Of The Game: Match-Fixing, Betting And Doping

Without integrity, sport becomes meaningless. As a result, sanctions for breaching regulations are severe. For the good of the game – and their own interests – clubs should spend time ensuring players, coaches and staff know the rules and consequences of non-compliance, including as to match-fixing, betting and doping.

Football’s regulatory framework is ever-expanding, which makes it difficult for clubs and participants to keep on top of their obligations. However, integrity is fundamental. If players are influenced by factors other than sporting success, or gaining an unfair advantage by using prohibited substances, the essence of sport and competition is lost. We take a brief look at three primary threats to integrity and lessons learned from recent cases.

Match-fixing

Participants can’t seek to influence a match or competition for an improper purpose – this could be the match result or anything else connected with it (such as picking up a yellow card). Bribes must also not be offered or accepted for such purposes, or for someone not to perform to the best of their ability. The FA has charged Lucas Paquetá for (it’s alleged) intentionally picking up four yellow cards during Premier League fixtures for betting purposes. The key point for clubs is to impress upon players the seriousness of such conduct: The FA’s guidelines make the starting point a lifetime ban.

Betting

Betting on football is prohibited for participants at or above Step 5 of the National League or in the Women’s Super League or Championship (more limited restrictions apply below those levels). Anyone employed or engaged by a club is covered, even if they have no inside information or connection to the match. Betting on results, scorelines, cards, corners, a player’s next club, a managerial appointment – you name it, it’s banned. There are also rules for passing inside information to others which is then used in relation to betting. Sandro Tonali is currently serving a worldwide ban for betting violations during his time at AC Milan. He recently received a further two-month suspended ban, a £20,000 fine, and formal warning for bets placed after his arrival in Newcastle, including bets on Newcastle to win four matches (a common misconception that it is permissible to bet on your team to win!). Tonali said he wasn’t ‘fully aware’ of the betting rules in England, which highlights the importance of educating participants upon arrival at the club (which Newcastle actually did do here) and regular reminders.

Doping

There’s a litany of anti-doping rule violations, from the presence in a sample or use or possession of prohibited substances, to evading, refusing or failing to submit a sample, missing tests or failing to provide whereabouts information. Italy’s national anti-doping tribunal handed Paul Pogba a four-year ban for the presence of testosterone metabolites not naturally produced by the human body. At the time, Pogba said he’d, “never knowingly or deliberately taken any supplements that violate anti-doping regulations”. It’s now reported that he has lodged an appeal, to reduce the ban to two years (which would be on the basis of the player proving it was not intentional). Intention, fault, or negligence on the part of the player doesn’t need to be established – the guiding principle is that they’re responsible for whatever is found in their body. While lack of such elements can reduce (or eliminate) the period of any ban, it’s a challenging case to make. Clubs should assume responsibility (or pass it on to food suppliers through protections in commercial agreements) and exercise hyper-vigilance in relation to players’ consumption of medication, supplements and performance products (which should be batch-tested for contaminants).

Key points for clubs

The common thread throughout the cases is education. Clubs need to be mindful of the factors that can lure participants into engaging in such conduct, and ensure they understand the severity of the consequences – not just in terms of sanctions imposed by the regulator, but possible disciplinary action clubs may take under their playing contract / contract of employment. We can help you convey the message and deal with matters when things go wrong.

Contact Charlotte Smith or Adam Melling for further discussion on these issues.

charlotte.smith@walkermorris.co.uk

adam.melling@walkermorris.co.uk

Image: Konstantin Evdokimov – Unsplash