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A new convention against the manipulationof sports competitionsKey points: - The “manipulation of sports competitions” is one of the new challenges to sports ethics. It represents a threat on a global scale to the integrity of sport, and also to the rule of law, since it is linked to fraud, corruption and organised crime. - The concept of “manipulation of sports competitions” does not just encompass matches or the manipulation of final results, but also any deliberate and improper alteration of the course or result of a sports competition in order to eliminate or diminish the unpredictability of that competition so as to obtain an undue advantage for oneself or for others. - The Council of Europe has been committed to sports ethics for over 40 years now. In the spirit of those ethics it has drawn up a Convention on the manipulation of sports competitions in order to protect both the integrity of sport and sports ethics, while respecting the principle of the autonomy of sport. - Integrity is considered to be a fundamental value of the sports movement, with credibility, transparency and fairness, as well as the unpredictability of its results, being characteristic of sport. - Adopted on 9 July 2014 by the Committee of Ministers, the Convention is of global scope and is therefore open both to the European States which are members of the Council of Europe and to non-European States. Questions and answers What is the scale of the problem? The manipulation of sports competitions, which became more widespread in the early years of the century, is closely linked to the development of sport and technological progress. The increased commercialisation of sport and the globalisation of the sports events market have massively increased competitions’ financial implications. Mere qualification for the Champions League, for example, may represent additional income of 15 million euros. Promotion to a professional league may add between 4 and 5 million euros for a French club. The size of the anticipated gains may drive unscrupulous individuals to resort to elaborate operations with a view to misappropriation. What is more, the immediacy of the supply of information about competitions and the emergence of a global sports betting market make it possible for anyone to place a bet in real time on any competition. This market makes it possible for infinite numbers of persons to have a significant financial interest and therefore multiplies the risk of manipulation. What are the main aims of the Convention? The aims of the Convention are to: - prevent, detect and punish the manipulation of sports competitions under both criminal law and disciplinary provisions; - increase information exchange and national and international co-operation both between the public authorities concerned and with sports organisations and sports betting operators. Since the problem exists on a global scale, it was vital to make possible an internationally co-ordinated response. What is expected of the States Parties to the Convention? The States Parties to the Convention have undertaken to: - promote preventive measures and coordinate the activities of the public authorities concerned, sports organisations and sports betting operators; - identify a national platform to be responsible for issuing alerts and exchanging information about atypical or suspicious bets at both national and international levels; - appoint one or more representatives to the Convention Follow-up Committee; - punish under criminal law the manipulation of sports competitions whenever the facts comprise elements of coercion, corruption or fraud as defined by their own domestic law; - adopt the most appropriate means of action against illegal betting operators. Certain attractive forms of betting (spot betting, live betting, betting exchanges) increase the risk of manipulation. Can these be prohibited? The Convention does allow regulatory authorities to restrict the supply of sports betting, following consultation of the national sports organisations and the sports betting operators. There are already operators who place a limit on stakes. These rules need to be able to be updated with a degree of flexibility and reactivity, since new forms of betting are constantly emerging. What role does organised crime play in betting manipulation? As for all clandestine or criminal phenomena, this role is difficult to quantify, and it is equally difficult to say whether the increase in identified cases reflects an upsurge in manipulation or the greater attention given by the authorities to the problem. When the Council of Europe started work on this issue in 2009, 66 cases which had been reported by the press over the previous 10 years were studied. In 2010-2011, new cases came to light almost every month, including the Bochum case in Germany, the case of the “Chinese businessman” in Belgium and the Swiss case, highlighting the role of organised crime. In 2012, Interpol set up a department to monitor cases of manipulation of sports competitions and is reporting new cases almost every week. What punitive measures are introduced by the Convention?
The Convention endeavours to identify those acts which should be prosecuted so as to clarify the kinds of behaviour deemed to be offences, thereby facilitating co-operation between the Parties’ courts and police forces. In order to ensure that an effective application system is used, the Convention envisages a wide range of possible criminal law, administrative and disciplinary sanctions. It also requires the Parties to determine effective, deterrent and proportionate sanctions. What preventive measures are provided for by the Convention? The purpose of the Convention is to make possible a more systematic application of the measures adopted by sports organisations, betting operators and public authorities to identify and prevent the manipulation of sports competitions. It invites the public authorities to prevent conflicts of interest within sports betting operators and sports organisations, to encourage the sports betting regulatory authorities to combat fraud and to take measures against illegal sports betting, by allowing access to the operators concerned to be closed or restricted and cash flows between those operators and consumers to be blocked. What does the Convention say about the protection of victims and whistle-blowers? The Convention provides for the Parties to take measures which can guarantee effective protection for persons with information about possible offences covered by the Convention who co-operate with the authorities, as well as for their families. This is all the more necessary because those persons have been approached by criminal organisations or are being put under pressure by them. What made the Council of Europe draft a Convention on the manipulation of sports competitions? In Resolution 1602 (2008), the Parliamentary Assembly of the Council of Europe noted that the scandals which had broken out concerning illegal betting and match-fixing had seriously tarnished sport’s image in some countries, including in Europe. Drafting work on the Convention began in October 2012 and benefited from contributions by 51 delegations. The Council of Europe was also able to rely on its networks of experts on sport, criminal law, the fight against corruption and the fight against money-laundering, as well as its partnerships with players from civil society, such as sports bodies and betting operators. What are the other Council of Europe conventions relating to sport? The Council of Europe has always played a leading role in creating a democratic culture through sport. The two main reference texts on this subject are the European Convention on Spectator Violence and the Anti-Doping Convention. The European Convention on Spectator Violence came into force on 1 November 1985, just six months after the Heysel stadium tragedy in Brussels. It is intended to prevent and control spectator violence and misbehaviour and to ensure spectator safety at sports events. The Anti-Doping Convention is a benchmark international legal instrument in the fight against doping. It came into force in 1990 and has set a number of common standards and made possible national and international harmonisation of anti-doping measures. Press contact: Estelle Steiner, Press officer/Spokesperson Tel. +33 (0)3 88 41 33 35 Mobile: +33 (0)6 08 46 01 57 Updated: 01.09.2014 |
