This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/06/22/are-personality-rights-of-athletes-protected-in-india%ef%bf%bc/

Last year, the news of Indian shuttler PV Sindhu being the first Indian woman to win two Olympic medals for the country was flooding the social media and news channels.  While the whole country was celebrating the win, simultaneously the headlines “PV Sindhu takes 20 brands to court for using her name and image without permission” was being circulated. This sparked a much-needed discussion in the Indian Sports Law community about Personality Rights of Athletes in India. 

India like most nations around the world does not have a separate statue governing personality rights. Currently, the Intellectual Property Rights regime in India do not define personality rights and neither do they protect these rights directly. Unlike the legislature, the Indian judiciary has been more than receptive towards the need for formal recognition of personality rights. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/06/14/breaking-down-the-legal-challenges-faced-by-the-e-sports-industry-a-legal-puzzle/

BREAKING DOWN THE LEGAL CHALLENGES FACED BY THE E-SPORTS INDUSTRY: A LEGAL PUZZLE

E-sports has evolved from being a fringe teenage hobby to the fastest-growing area of the entertainment business over the last decade. The ecosystem involves top athletes, multimillion-dollar contracts, celebrities, popular sponsors and huge rewards. Multiplayer gaming was severely limited when video games initially became available in homes around the world. With the advancement of technology and the internet, people are able to compete among themselves in a multiplayer mode gaming setup. Subsequently, developers and distributors have found an opportunity to monetise such games and increase their profits by organising competitions, of course involving a huge prize money at stake. Presently, the e-sports industry is growing at a tremendous rate– The numbers are skyrocketing and it should be noted that in the previous year, cash and prizes in kind worth $215 mn were drawn along with hefty salaries for the e-sports professionals. This rapid global spread of e-sports, along with its diverse qualities, has resulted in a tangle of policy and legal issues that the sector as a whole is actively attempting to resolve.

This article discusses the legal challenges encircling e-sports and possible solutions to the same.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/23/corruption-and-controversy-in-the-world-of-football-recurring-cases-of-bribery-in-fifa%ef%bf%bc/

Corruption and Controversy in the world of Football – Recurring cases of Bribery in FIFA

In this article, we have discussed and analysed the global problem of corruption specifically in the context of the world of football. Time and again, the world has witnessed major corruption cases relating to the most popular sport on the planet, which not only violates the integrity of the beautiful sport, but also devoid countries of opportunities for development, especially considering the economic benefits this sport can bring to nations. To provide the reader with a thorough understanding of this issue –  major judicial pronouncements, applicable laws and jurisprudence laid down by the Fédération Internationale de Football Association (‘FIFA’) as well as the Court of Arbitration for Sport (‘CAS’) have been comprehensively discussed. 

A comparative analysis has been provided, which essentially captures the comparison of various mechanisms and actors that have a bearing upon this issue. We have also discussed the evidentiary concerns in football-related corruption cases. Furthermore, in the capacity of students of sports law, we have also propounded certain suggestions which can potentially curb this menace of corruption.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/18/the-privilege-of-morals-clause-endorsement-deals-and-associated-scandals%ef%bf%bc/

The Privilege of Morals Clause: Endorsement Deals and Associated Scandals

If the athletes aspire to make a living out of playing competitive sports, they must learn the skill of marketing themselves. The athletes in recent times are not just considered as players but also celebrity personalities - they gain immense amount of publicity and garner millions of followers which boosts their marketability. This further leads to gaining several sponsorships or endorsement deals. Endorsement deals are a great way to make revenue in the sporting world.

The focus of this article will be on sports endorsement deals and its morals clause. It would aid in comprehending the privilege of morals clause from the perspective of a corporation, as well as its implications on athletes. Various examples of termination of endorsement contracts and cases have been discussed. The Author has also given certain suggestions with respect to drafting morals clause in endorsement contracts.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/05/06/a-case-of-reinstatement-for-ajaxs-three-little-birds-a-counter-to-uefas-narrow-interpretation-of-the-equipment-regulations%ef%bf%bc/

A case of reinstatement for Ajax’s ‘Three Little Birds’ – A counter to UEFA’s narrow interpretation of the Equipment Regulations

One of the most powerful bonds of the sporting world is the connection between fans and their team culture. Over time, sports such as football have seen innumerable forms of expression being meted out by fans for their respective clubs and national teams. This bond is undoubtedly expressed in different ways with the underlying aspect of love for the Beautiful Game. Any legal regulation or a statute that obstructs such a bond is an injustice to football fans and must be countered in manners that are deemed appropriate as per the situation at hand.

Ahead of the 2021-2022 season, Ajax came out with a third jersey in collaboration with Adidas. The kit was designed around the club anthem ‘Three Little Birds’(Bob Marley) that is sung before almost every home game at the Johan Cruijff Arena. UEFA came down heavily on the club and cited Article 7 and 19 of the UEFA Equipment Regulation  to justify that the bird sign was not a valid ‘club identification’. They subsequently directed that the ‘three little birds’ sign had to be removed from the shirt. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/26/hidden-scorecards-an-unsolved-mystery-of-mma%ef%bf%bc/

Hidden Scorecards – An Unsolved Mystery of MMA

MMA has been on a path to portray itself as a legitimate sport around the globe and attract more spectators. Since its introduction, the violent sport has been tweaking regulations to ensure that the general market audience is onboard to watch and enjoy it. As the years have passed, giant organizations like the Ultimate Fighting Championship have helped in making the sport global. Following boxing, like most of its other rules, MMA has decided to adopt the rule of undisclosed scorecards or commonly knows as hidden scorecards. This article discusses the shortcomings of the same and puts forth arguments for open scorecards in MMA. 

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/18/draft-national-air-sports-policy-2022-a-new-dawn-of-sports-law-in-india%ef%bf%bc/

DRAFT NATIONAL AIR SPORTS POLICY, 2022: A NEW DAWN OF SPORTS LAW IN INDIA?

Sports in India has evolved from the age-old Mahabharata sport Chatrang to an ever-evolving age of air sports. While the industry accounts for almost $620 billion, the Constitution of India [State List, 7th Schedule, Entry 33] reflects the power of the legislature to formulate laws in the sports domain. Apart from this, India does not have any concrete law on a national scale for regulating sports. The Ministry of Sports and Youth Affairs has time and again issued guidelines and set up institutions to dwell into issues related to sports. 

With the birth of the modern aviation industry, the concept of Air Sports was recognised. Air Sports typically involves aerial recreational and astronautic sporting activities. India recently formulated a Draft National Air Sports Policy on 1st January, 2022. With a vision to make India one of the top nations in air sports by 2030, the Ministry of Civil Aviation drafted the policy to provide a safe, affordable, accessible, enjoyable and sustainable air sports ecosystem.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/04/05/the-interjection-of-european-football-and-world-politics-the-newcastle-united-football-club-takeover-amidst-the-saudi-arabia-qatar-ipr-dispute%ef%bf%bc/

The Interjection of European Football and World Politics: The Newcastle United Football Club Takeover Amidst the Saudi Arabia–Qatar IPR Dispute

The Middle East influence on European football has increasingly become apparent in recent years. One of the significant reasons that these Gulf countries have started investing in football is to increase their soft power in Europe. They usually inject much-needed funds into all these clubs to help them make high-profile signings and thereby get better results in all competitions. Investing in football also helps such authoritarian regimes whitewash their public image, which is stained with human rights abuses and extinguishing freedom of speech. 

Newcastle United’s takeover by the Public Investment Fund (PIF), whose chairman is the Crown Prince of Saudi Arabia—Mohammed bin Salman, is the most recent example of such Gulf-led investment in European football, aimed at sports-washing. The takeover saga was long and initial talks had broken down last year mainly due to media piracy concerns. BeIN sports accused Saudi Arabia, a Doha based broadcasting company, of propping up the network beoutQ and helping them pirate major sporting events, including the English Premier League (EPL) in Saudi Arabia after the Saudis had banned beIN due to national security concerns. Qatar raised a subsequent WTO dispute, and the matter was taken to the panel for discussion. In this article, the author will discuss how the IP dispute acted as the primary legal block in PIF’s attempt to acquire Newcastle United Football Club (NUFC).

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/26/analysis-of-karnataka-high-courts-decision-to-strike-down-the-ban-on-online-gaming%ef%bf%bc/

Analysis of Karnataka High Court’s Decision to Strike Down the Ban on Online Gaming

The Hon’ble High Court of Karnataka, recently in the case of All India Gaming Federation v. State of Karnataka and Ors. [W.P No. 18703/2021] has struck down certain provisions of the Karnataka Police (Amendment) Act, 2021 (hereinafter referred to as ‘the Amendment Act’). The Amendment Act essentially prohibited as well as criminalized betting on and playing of all forms of games, including games of skill and online games for stake. The Court found the blanket prohibition on participation in any game of skill for stakes to be disproportionate, excessive, and lacking in any research or empirical basis for the proposition that the prohibition is necessary for public good. Furthermore, the Court weighed up the legislation against the constitutional rights guaranteed under Article 19, 14, and 21 of the Indian Constitution and found it to be ultra vires. Pursuant to this judgment, the exemption granted to games of mere skill under the Indian gaming jurisprudence stands restored, and games of skill may once again be offered for stakes in the state of Karnataka.

This episode is also available as a blog post: http://sportslawandpolicyreviewreporter.com/2022/03/15/unilateral-termination-of-employment-contracts-on-the-basis-of-injury-in-football/

Unilateral Termination of Employment Contracts on the Basis of Injury in Football - From the Editors' Desk 

We keep hearing about instances of Players getting injured and the Clubs terminating their contracts on that ground. Given the short term career of football players, this is extremely problematic especially in light of their livelihood being dependent on the same. Furthermore, Clubs slyly put injury/permanent incapacity clauses in the employment contracts which players tend to overlook while entering into such agreements; the Clubs later on cite these clauses to justify the unilateral termination. However, whether such justification stands the test of law needs to be understood.