Regulation in Sport: Genetic make-up, ECB and Premier League
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As 2024’s major summer of sport unfolds, so does general interest in sports regulation. With events like the Olympic Games and the Euros, public scrutiny of the rules and commercial interests surrounding sports has never been higher. The regulatory landscape is poised for significant changes, with key events expected to shape societal issues within sports, such as new governing bodies, gender politics, and doping.
Genetic make-up
The inclusion of transgender athletes and athletes with Differences in Sex Development (DSD) in elite sports has sparked discussions on stricter regulation. Boxer Imane Khelif’s participation in the Paris 2024 Olympic Games highlights the complexities that International Federations, National Governing Bodies and in this case, the International Olympic Committee (IOC) are faced with when determining and applying eligibility criteria and participation rules.
The IOC’s ‘Framework on Fairness, Inclusion and Non-discrimination on the basis of gender identity and sex variations’ (the Framework) affords International Federations the right to determine the eligibility criteria for their sports. But what happens when there isn’t an International Federation?
This was the issue facing the IOC, with the International Federation for boxing (the International Boxing Association) being stripped of its status by the IOC in June 2023. As a result, the IOC governed the Paris 2024 boxing competitions (as it did at Tokyo 2020).
For other sports, where the International Federations has published eligibility criteria and participation rules, there is great disparity amongst the positions taken, with sports seeking to strike a balance between inclusion, fairness and safety.
Following the controversy surrounding Imane Khelif as a reported athlete with DSD, it is expected that greater attention will be dedicated to the regulation of athletes with DSD in addition to regulatory adjustments addressing gender identity in sport more generally.
Regulation in football
In the UK, the introduction of an independent football regulator marks a significant shift in sports governance. The Football Governance Bill aims to ensure financial sustainability for clubs and protect fans by requiring clubs to meet specific thresholds to obtain a licence. This move responds to growing concerns over financial mismanagement and the influence of corrupt owners. The success or failure of this regulatory framework could serve as a template for other sports facing similar governance challenges and influence future legislation in other major UK sports.
Safeguarding
The need for independent regulation certainly extends beyond football. Cricket and rugby are already moving towards establishing independent regulatory bodies, driven by the need for transparency and integrity. The creation of the Cricket Regulator by the England and Wales Cricket Board (ECB) is a significant step in addressing governance issues. This new body oversees areas such as safeguarding, anti-corruption, and anti-doping — areas previously managed by the ECB.
Regulation in… padel?
Padel, a rapidly growing global sport, presents unique governance challenges. As its ecosystem expands, the question of whether it should align with existing tennis bodies or establish its own governing structures remains unresolved. The International Tennis Federation’s (ITF) failed attempt to incorporate padel highlights the tension between traditional sports organisations and new, rapidly evolving sports. The chosen governance structure will significantly impact padel’s future development and integrity.
Anti-doping
The fight against doping is also set to evolve, as regulatory cohesion remains a challenge. Paris 2024 has seen tensions continue to rise between the World Anti-Doping Agency (WADA) and its national counterparts from China and the USA. Claims continued throughout the Games as to the legitimacy of a Chinese swimmer’s world record and calls for lifetime bans to be introduced for dopers. WADA has also faced criticism, with the USA claiming that the body mishandled positive tests in an attempted cover-up. The feud erupted following WADA’s clearance of 23 Chinese swimmers seven months before the 2020 Tokyo Olympic Games despite positive drug tests, highlighting enforcement inconsistencies. The World Anti-Doping Code (WADC), implemented in 2021, provides a framework for regulating international teams, and its continued enforcement will be critical in maintaining the credibility of sports competitions.
The WADC 2021 stresses that athlete support personnel must accept WADA’s rules as a condition of participation or involvement in sport — and all signatories must ensure that all athlete support personnel are in fact bound. The impact of this extended WADA jurisdiction remains to be seen, but what is clear is that International Federations and National Governing Bodies will need to focus more on athlete support personnel and introduce regulatory changes to hold them accountable to better protect the integrity of their respective sports.
As these regulatory developments unfold, they will not only shape the governance of individual sports but also influence the broader debate on the role of regulation in ensuring fairness, integrity, and inclusivity in global sports.
Catherine Forshaw is Senior Associate in the sports law team at Brabners