A legal analysis on the manipulation of sports competitions in relation to the increase in sports betting

Abstract

Cases relating to the manipulation of sports competitions have increased drastically over the last few years. This is clearly the consequence resulting from the emergence of sports betting which is growing from strength to strength and the infiltration of organised crime in sporting competitions. The scope of this thesis is to generate awareness on this problem, and to propose measures, which Malta could adopt to continue combating this crime effectively. Chapter one shall illustrate that match-fixing has always been present; however it has now escalated to a global problem, which is far beyond the sporting field. In chapter two, the reader is introduced to the primary actors in the fight against sports manipulation, namely, Sports Governing Bodies, Public Authorities and the Betting Industry. It is important for the reader to understand what these stakeholders have contributed to counter this threat and, after reading this chapter, the reader will be made well aware of the measures which have been introduced and adopted by various stakeholders. This ever-growing problem cannot be combated without the intervention of national legislation and international legal instruments. Therefore, in the third chapter, the author will analyse the recent Council of Europe Convention on the Manipulation of Sports Competitions, in order to shed light on how it came about and whether certain jurisdictions have already implemented measures, which the Convention seeks to address. Most notably, a comparative analysis shall be conducted, in order to determine whether a specific criminal law on sports manipulation is necessary. Lastly, the Maltese framework shall be examined. Although Malta was one of the first jurisdictions to enact a specific criminal law on sports corruption, this Chapter shall illustrate that the law falls short of tackling many aspects. The author shall conclude that a new law should be enacted to better address the criminal offence of sports manipulation.