Analyzing a whistleblower system for sports integrity together with methods to safeguard the whistleblowers in sports

Abstract

The aim of this research is to assess the effectiveness of a whistleblower system in identifying and punishing the corruption in sports, with particular emphasis on the challenges it presents. To achieve this aim, the dissertation starts by delving into the meaning and definition of whistleblowing. The research then focuses on the concept of integrity in sports, where it starts by establishing a number of definitions through various literature. This chapter continues by concentrating on the offence of match-fixing as the main threat to the integrity of sports, together with its correlation to organized crime. Furthermore, the analysis proceeds to examine the concept of a whistleblower system in the way it plays a crucial part in the achievement of good governance in sport; as well as its setbacks which may involve the risk of retaliation for those who report a malpractice or an illegal activity, the lack to regard unethical practices so as not to break the sense of loyalty between team mates, as well as health consequences. The third chapter deals with Maltese legislation on the concept of a whistleblower system in sports mainly Act no XXXV of 2018 „Prevention of Corruption in Sports Act‟, and the repealed Chapter 263 of the Laws of Malta „Prevention of Corruption (Players Act)‟, where a comparison is made between the two. Moreover, this chapter examines certain judgments delivered by the Courts of Justice of Malta and the Court of Arbitration for Sports. The final chapter analyzes a number of practices which safeguard the whistleblowers. All in all, the conclusion of this dissertation proposes that the Law should provide for better protection when one reports corruption in sports, keeping in mind that a whistleblower will be giving information on criminals. Additionally, such a conclusion proposes harsher sanctions to the instigator of the crime than those of the athletes who are approached by criminals.