https://orcid.org/0000-0002-8936-0357
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ABSTRACT
In this study, we provide a nuanced perspective on a sub-type of match-fixing, called non-betting-related match-fixing (NBMF). Using a cross-sectional survey, we measured the prevalence and motives behind NBMF in Belgian amateur football and tennis. Additionally, we conducted a thorough study of the regulatory documents of the relevant (sports) organizations to examine the sanctionability of different types of NBMF by analyzing their disciplinary regulations surrounding NBMF and, if applicable, their sanctioning guidelines. Furthermore, various instances of NBMF were applied to the definition of competition manipulation of the Council of Europe’s Macolin Convention. We conclude that NBMF is not always linked to sporting outcomes and that the gray zone that surrounds it differs between both sports depending on the specificity of their regulations, and the subjectivity with which they are implemented in practice.
Ethical standards
This study is part of a broader project whose methods have been approved by the ethical committee of the faculty of Law and Criminology of Ghent University on the 5th of February 2020. All participants have provided informed consent before participating in the study.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Correction Statement
This article has been republished with minor changes. These changes do not impact the academic content of the article.
Notes
1 In light of the broader debate about sports ethics and gender-related issues in sports, we decided to use the term “sportspersonship” instead of “sportsmanship”
2 This study is part of a broader project whose methods have been approved by the ethical committee of the faculty of Law and Criminology of Ghent University on the 5th of February 2020.
3 Art. 5.2. ITF, Bye-Laws of ITF Limited, the Constitution of the ITF Limited Citation2022.; art. 71 (1) FIFA Disciplinary Code, edition 2019 (hereinafter: FIFA DC).
4 Art. 12 § 1 & § 3 Tennis Vlaanderen Anticorruptiecode, editie 2022 (hereinafter TVACC 2022).; Art. B1.2, first indent RBFA Regulations.
5 Art. 5.2. ITF, Bye-Laws of ITF Limited, the Constitution of the ITF Limited Citation2022.; art. 71 (1) FIFA Disciplinary Code, edition 2019 (hereinafter: FIFA DC).
6 Art. 5.2. ITF, Bye-Laws of ITF Limited, the Constitution of the ITF Limited Citation2022.; art. 71 (1) FIFA Disciplinary Code, edition 2019 (hereinafter: FIFA DC).
7 Art. 12 § 1 & § 3 Tennis Vlaanderen Anticorruptiecode, editie 2022 (hereinafter TVACC 2022).
8 Art. 12 § 1, first bullet point TVACC 2022.
9 Art. 12 § 1, second bullet point TVACC 2022.
10 Tennis Vlaanderen: cases C2019–12, C2020–01, C2021–24, C2022–05, C2022–10, C2022–15 and C2022–24
11 Tennis Vlaanderen: cases C2019–01, C2019–09 and C2021–11
12 Section B.13 j° Appendix 1 ITIA Tennis Anti-Corruption Program, edition 2022 (hereafter: TACP 2022).
13 Section B.10. TACP 2022.
14 Section D.1.d. TACP 2022.
15 Section D.1.e. TACP 2022.
16 Section B.8. TACP 2022.
17 Section D.1.f. TACP 2022.
18 Section D.1.g. TACP 2022.
19 Section D.1.f. and Section D.1.g. TACP 2022. Art. 12 § 1 and Art. 12 § 4 TVACC 2022.
20 A “major offense” is defined under section B.21 TACP Citation2022.
21 Art. B1.2, first indent RBFA Regulations Citation2022.
22 Art. B11.207 (1) RBFA Regulations.
23 Art. B11.207 (1) RBFA Regulations.
24 Art. 12 (1) UEFA Disciplinary Regulations (ed. Citation2022) (hereinafter: UEFA DR).
25 Art. 12 (2) UEFA DR.
26 Arbitration CAS 2016/A/4642 Phnom Penh Crown Football Club v. Asian Football Confederation (AFC), award of 6 December 2016 (operative part of 19 August 2016).
27 Art. 2 (g) FIFA Statutes, edition May Citation2022.
28 Art. 1 and 2 FIFA DC.
29 Art. 18 (1) FIFA DC.
Additional information
Funding
Notes on contributors
Lucie Vanwersch
Lucie Vanwersch is a PhD researcher at Ghent University in the Department of Criminology, Criminal Law, and Social Law. She works within the Institute for International Research on Criminal Policy. Her research focuses on the prevention of fraud in sports, with special attention to the causes and consequences of the phenomenon. She is involved in the Flemish PrOFS project (Prevention of Fraud in Sport).
Louis Vandercruysse
Louis Vandercruysse is a PhD researcher affiliated with the Institute for International Research on Criminal Policy (IRCP) within the Department of Criminology, Criminal Law and Social Law at Ghent University. His research focuses on legal and regulatory vulnerabilities related to fraud in sports. He is involved in the Flemish Prevention of Fraud in Sports (PrOFS) project.
An Vermeersch
An Vermeersch is professor of Sports Law within the Department of Criminology, Criminal Law and Social Law at Ghent University as well as arbitrator at the Court of Arbitration for Sport (CAS). Her focus areas within sport include, among other things, governance, ethics, EU sports policy and anti-doping. She is involved in the Flemish Prevention of Fraud in Sports (PrOFS) project.
Tom Vander Beken
Tom Vander Beken is professor in Criminology and Criminal Law and director of the Institute for International Research on Criminal Policy (IRCP) within the Department of Criminology, Criminal Law and Social Law at Ghent University. He established multiple research lines in criminology and criminal justice, with a focus on organized crime, prison systems, and criminal justice issues viewed from an international and comparative standpoint. He is furthermore involved in the Flemish Prevention of Fraud in Sports (PrOFS) project.
Annick Willem
Annick Willem PhD, is professor of Sports Sciences at Ghent University in the Department of Movement and Sports Sciences. Her research focuses on sport management, governance, and ethical leadership within sports organizations. She is involved in the Flemish PrOFS project (Prevention of Fraud in Sport).
Bram Constandt
Bram Constandt PhD, is professor of Sports Sciences at Ghent University in the Department of Movement and Sports Sciences. His research focuses on sports management, and ethical leadership, as well as sports integrity and corruption. He is involved in the Flemish PrOFS project (Prevention of Fraud in Sport).
Wim Hardyns
Wim Hardyns PhD, is professor of Criminology at Ghent University in the Department of Criminology, Criminal Law, and Social Law. He works within the Institute for International Research on Criminal Policy. His research focuses on predictive policing, crime prevention, fear of crime, and radicalization. He is involved in the Flemish PrOFS project (Prevention of Fraud in Sport).