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Author: Sagar Dutta and Zoya Hossain, Legal Scholars

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Abstract: 

This paper examines the regulatory challenges and market dynamics surrounding sports broadcasting while focusing on strategies to ensure fair competition. It critiques the bundling and selling practices of broadcasting rights, advocating against their use to prevent monopolistic control by broadcasters. Emphasis is placed on the necessity for transparent and competitive bidding processes in awarding broadcasting rights, with oversight by regulatory bodies to prevent anti-competitive behaviors such as exclusive ownership of sports teams by media houses. The paper also discusses the importance of territorial segmentation of broadcasting rights to foster market diversity and competition. Drawing comparisons with international frameworks, particularly in the US and Europe, highlights regulatory approaches aimed at safeguarding fair competition in sports broadcasting. Ultimately, the paper proposes reforms to Indian laws to align with global standards and mitigate risks of monopolization in the sports broadcasting sector

Keywords: Culture, Sports Broadcasting, Monopolistic, Anti-Competitive, Fair Competition

Author: Isha Danda, Legal Scholar

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Abstract: 

Sports Governance involves the politicisation of a legal inter-disciplinary analysis of sports. Instead of falling within the legal realm, it involves the area of politics of sports. There are two sides of the same coin that form the foundation of the paper. First includes centralization of sports and second decentralisation of sports. Both the arguments have their own benefits and fall back. A uniform law would mean more access to resources by applying the logic of economies of scale. Different laws would mean the interplay of local intermediaries between the sports and the authorities concerned. More so, the paper traces the political constitution of the various nations for practically applying a universal sports law within the particular legal systems of those countries. So, a nation following the presidential system of governance would be more suited to follow a single legal regime of sports law while on the other hand, a country with a federalist political system of governance would find it more intrinsic to go by the different sports laws within its country. Power politics would be another area of concern before switching to a uniform legal system of sports law. As is rightly said, “Power corrupts and absolute power corrupts absolutely.” The same applies to the outer surface of the politics of dominance existent in the sports fraternity. Selections, training and players have become the common topics of mockery for all within and outside the field of sports.          

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Keywords: Sports Governance, Centralization, Decentralization, Power Politics, Politics of Dominance, Universal and Uniform

Author: Vasudha Bali, Legal Scholar

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Abstract: 

Sports has been an integral part of the society since ancient times. With the development of modern sports, sports clubs or associations assumed the role of sports regulation in society. It resulted in the emergence of the “principle of Autonomy” in sports regulation. However, sports in India and the world are undergoing substantial changes resulting in a significant role of state and law in its regulation. Across the world, countries are trying to achieve a balance between state regulation and the autonomy of sports associations. This balance becomes necessary due to the monopolistic nature of the sports associations and the control they assume over the players and sports. It has resulted in the development of different sports regulatory models, mainly, an interventionist model and a non-interventionist model. In light of the above the paper aims to compare the sports model of three countries, i.e., the United States of America, Great Britain, and France with the model followed in India. The United States follows the commercialized non-intervention approach. It is the reason why it does not have a dedicated government sports department. Though non-interventionist, still the government plays an important role through statutory regulation. On the other hand, Great Britain follows the interventionist approach as public interest demands. India has a very similar model to Great Britain. France has the most distinctive model with features like ‘delegated federations’, etc. The purpose of the paper is to study these models to make appropriate suggestions for sports regulation in India.

Keywords: Sports Law, Sports Model, Sports Regulation, Autonomy, Sports Associations , Organizational Structure, Role of State

Author: Shreyash Attri, BALLB, Symbosis Law School, Noida and Sanya Maan, BALLB, Symbosis Law School

Abstract: 

The contemporary football landscape is characterized by a relentless schedule, from national League to qualifiers in international breaks for tournaments such as Euros, FIFA, and other continental championships. This results in clubs grappling with injuries and fixture congestion, prompting them to seek adjustments to their squads. However, they find themselves ensnared by the challenges presented by the Premier League's Profit and Sustainability Regulations. The sudden and assertive stance exemplified by the precipitous nature of regulatory interventions by the Premier League has instilled apprehension among clubs, fearing they may face constraints when attempting to replace injured players or bolster their squads to cope with the rigorous demands of the season thus playing a decisive factor influencing club strategies.
 
In line with this, the paper delves into and elucidates the intricate mechanisms through which these regulations have impacted player transfers and club spending behaviour. The paper identifies how FFP regulations have differentially affected various tiers of football clubs, underscoring disparities between them in financial resources and competitive capabilities. The primary aim of FFP was to establish a level playing field, where clubs compete on similar budget allocations. On a side note, the paper suggests that this goal has not been achieved due to various challenges and loopholes in the implementation of these regulations. Conclusively the paper proposes measures to ensure consistency and efficiency to achieve the intended goals of FFP.

Keywords: Financial Fair Play (FFP),Premier League, Player Transfers, Club Spending Behaviour, Regulatory Interventions, Competitive Balance

Author: Gnanavel L, School of excellence in Law, The Tamilnadu Dr Ambedkar Law University, Chennai, Legal Scholar

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Abstract: 

The #MeToo movement has had a profound effect on society, the development of regulatory frameworks, and how sports organizations handle sexual harassment. #MeToo, which began as an international movement against sexual harassment and assault, gained traction in India in 2018 when a number of claims were made about it in the sports sector. The purpose of this study is to evaluate how the #MeToo movement has affected the reporting and awareness of sexual harassment in sports organizations. The campaign encouraged policy reforms, pushed back against social conventions, gave survivors the confidence to speak up, and promoted a shift in culture toward respect and accountability. Still, there are obstacles to overcome, like complicated legal systems and institutional changes. It also assesses government initiatives and examines shifts in public opinion following the #MeToo movement. Originating with activist Tarana Burke's usage of the phrase in 2006, the #MeToo movement acquired global traction in 2017 after charges were made against film producer Harvey Weinstein. When actress Tanushree Dutta accused actor Nana Patekar of inappropriate behaviour in 2018, the movement gained traction in India and sparked a wave of similar accusations in a variety of professions, including sports. Long-standing problems in sports organizations include the exploitation and harassment of players, coaches, and staff members due to the frequency of sexual harassment and abuse. The movement gave survivors a forum to freely tell their tales, which raised awareness of these widespread problems and encouraged further support. Along with assessing the policies and initiatives put in place by the government, it also aims to examine how public attitudes and views of sexual harassment have changed since the #MeToo movement. The research paper also makes suggestions for improving the efficiency of organizational policies and legal frameworks in stopping and dealing with sexual harassment in sports. The research also makes suggestions for improving organizational policies and legal frameworks to stop and deal with sexual harassment in sports.

Keywords: Sexual Harassment, Athletes, Sports, Organizations, Metoo Movement.

Author: Manan Sriman, BBA LLB IIM Rohtak & Harshitha Reddy Chukka, BBA LLB IIM Rohtak

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Abstract: 

From the Roman Colosseum to online Battle Grounds, Sporting and Gaming activities have been an integral part of society for centuries, kindling people’s competitive spirits. However, access to traditional sporting activities remains constrained due to the inherent demand for specific physical aptitudes. In contrast, fantasy sports emerge as a compelling alternative, offering a platform wherein every individual can actively partake in competitive endeavors without being constrained by traditional physical limitations. This facet of fantasy sports took the world, particularly India, escalating from a global market valued at USD 20 billion in 2022 to an anticipated pinnacle of USD 23.7 billion, specifically within India. The burgeoning market potential within fantasy sports, covering areas such as foreign investments in merchandising industries, remains largely unrealized. 
The paper aims to shed light on the substantial untapped potential within the Indian market due to the absence of comprehensive legislative frameworks. It seeks to highlight the effects of this absence by examining case studies, comparative analyses with other countries, and proposals for future action. With the industry's considerable influence and potential benefits for the nation, the paper aims to present actionable recommendations for unlocking this dormant potential.

Keywords: Fantasy Sports, Industry potential, Sports economy, Online gaming, Sports laws, Legislative gap

Author: Samyukhta N and Manasa Iyer ; Gujarat National Law University; 0009-0000-3064-6847

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Abstract: 

The relationship between culture and imperialism is quite direct and obvious, sports being a product of both. It is the world order magnified a thousand times over. The current narrative surrounding sports has been that countries with greater resources- those in the ‘first world’ have successful athletes, and greater resources have been spent on their overall development. Between the space race and military shows of strength, the world of sports competitions has been forgotten as a marker of understood political norms.  
The interplay between sports and imperialism is made obvious when one delves into the commercialisation of sports recently gaining traction. The profitability of certain events intrinsically tied to a country’s global position emphasises the financial interest States have in sports, while simultaneously acting as a display of prowess over developing countries. 
An analysis of various events in the sporting world that have contributed to this power imbalance is pertinent in the present global landscape. This paper will discuss the intricate balance between profit motives, global politics, and how that affects the world of sports.

Keywords: Imperialism, global power structures, political standing, commercialisation

Author: Dr. S. Elumalai Assistant Professor, HOD Department of Human Rights and Duties , School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University and S. Bhargavi, School of Excellence in Law, Tamilnadu Dr Ambedkar law University

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Abstract: 

Right to sport is a fundamental right guaranteed under the constitution of India, It is part and parcel of right to life including right to healthy life, education and cultural rights however it has not been explicitly recognised and guaranteed, fortunately this has been specifically recognised and mandated by the CRPD including right to recreation. the right to inclusive sport is an important international obligation arising out of the afore stated convention and other general human rights convention such as UDHR, ICSSR and others in spite of good number of legislations and international treaties emphasising the need to develop inclusive sporting, inclusive sports education inclusive sustainable development in reality it has not fully fortified due to various barriers including socio economic, cultural, political barriers sometimes taboos are also associated in permitting and promoting sporting activities for the differently abled including differently abled girls.
This barrier starts from the early childhood itself thereby the differently abled child is deprived its opportunity to develop and to reach maximum excellence and to the fullest potentiality of his or her ability and talent 
Though the government of india has started initiatives such as khelo India, fit india and other relevant movements and we are afraid it is falling short of the fulfilling the obligations arising out of CRPDpd such as inclusivity, accessibility, reasonable accommodations, universal design in this background the researcher would like to analyse the existing legal constitutional institutional mechanism, promote inclusive sporting special education  special sports and integrating paralympics and other para sporting activities, as part of the mainstream society.  this includes providing equal opportunities, equal recognition equal attention level playing field, participatory governance including the motto of CRPD such as United in Action to Rescue, to attain the SDG’s for, with and by Persons with Disability.

Keywords: Sport, Fundamental Rights, Inclusivity, Human Rights

Author: Priyanshu Raj, School of Law, CHRIST(Deemed to be University), Bangalore, Legal Scholar

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Abstract: 

The Indian Premier League (IPL) is one of the world’s most lucrative and well-known cricket  competitions, characterized by its vibrant auctions and player transfers. IPL is more than just a  cricket spectacle; it also acts as a forum for complex legal, ethical, and financial considerations. 
According to International Cricket Council regulations, player transfers often occur during the  annual IPL auction, in which franchises bid for players. However, Hardik Pandya’s retention  following the bidding process raises questions about the interpretation of current guidelines. While  the circumstances of this retention remain unclear, it highlights the importance of disclosure and  transparency in IPL player transactions. From BCCI standpoint, governing player retention and  transfers attempt to ensure competitive balance while also upholding the league’s integrity.  However, the choice to retain Pandya despite the finished bidding process indicates a potential  violation of existing standards, creating concerns about favouritism and undue favours for  specific franchises, which could undermine the league's credibility. 
I believe that transparency in decision-making and accountability for deviations from conventional  norms are important for maintaining trust and credibility in the IPL ecosystem. In the field of  sports law, retaining players after bidding delivers a particular issue. While current regulations may  not directly address such instances, interpretations and modifications should be guided by the  principles of fairness, transparency, and competitive balance. Legal provisions governing player  contracts, franchise agreements, and league regulations must develop to address emerging  concerns and ensure the IPL's integrity. 

Keywords: Competitive balance, IPL (Indian Premier League), Player transfers, Sports law, Transparency.

Author: Arindam Das ( LLM Candidate, Sister Nivedita University, Orcid ID: https://orcid.org/0009-0006-8529-3309), Legal Scholar

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Abstract: 

With the evolving technological dynamics, the world of esports has rapidly evolved from a subculture to a mainstream form of competition and entertainment.  From a simple hobby to a global phenomenon, esports have reached a level where it has a varied audience across demographics and has no barriers of traditional boundaries. Esports generally involve competitive video gaming, where professional players and teams compete in organized tournaments, both in the nation and globally, often with prize pools, loot boxes and such varied gifts that increase their interest to keep playing these sports. Smart contracts are self-executing codes on blockchain that are redefining esports operations.  Serving as programmable contracts these can automate, validate and also enforce agreements which can transform the whole segment of transforming player contracts, prize distribution and in-game transaction. These smart contracts secure transparent and efficient processes that empower esports ecosystems which in adherence ensures trust and fairness. This paper aims to investigate the integration of smart contracts within the esports ecosystem, exploring the potential of smart contracts to revolutionize governance, enhance security and promote transparency and fairness in the online competitive gaming arena. Issues such as contractual disputes, prize distribution transparency are growing prominently with the growth of the global esports industry and thus the need for secure and automated transactions are becoming pertinent. By evaluating the challenges and the benefits associated with the implementation of smart contracts in esports, this research seeks to bring valuable insight for both the esports and the blockchain communities as to how their intersection can change the esports industry.

Keywords: Smart contracts, blockchain, fairness, transparency, accountability.

Author: Shreyash Attri -BALLB Symbosis Law School, Noida and Sanya Maan-BALLB Symbosis Law School, Noida

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Abstract: 

The contemporary football landscape is characterized by a relentless schedule, from national League to qualifiers in international breaks for tournaments such as Euros, FIFA, and other continental championships. This results in clubs grappling with injuries and fixture congestion, prompting them to seek adjustments to their squads. However, they find themselves ensnared by the challenges presented by the Premier League's Profit and Sustainability Regulations. The sudden and assertive stance exemplified by the precipitous nature of regulatory interventions by the Premier League has instilled apprehension among clubs, fearing they may face constraints when attempting to replace injured players or bolster their squads to cope with the rigorous demands of the season thus playing a decisive factor influencing club strategies.
 
In line with this, the paper delves into and elucidates the intricate mechanisms through which these regulations have impacted player transfers and club spending behaviour. The paper identifies how FFP regulations have differentially affected various tiers of football clubs, underscoring disparities between them in financial resources and competitive capabilities. The primary aim of FFP was to establish a level playing field, where clubs compete on similar budget allocations. On a side note, the paper suggests that this goal has not been achieved due to various challenges and loopholes in the implementation of these regulations. Conclusively the paper proposes measures to ensure consistency and efficiency to achieve the intended goals of FFP.

Keywords: Financial Fair Play (FFP),Premier League, Player Transfers, Club Spending Behaviour, Regulatory Interventions, Competitive Balance