PDF - ICSS Journal
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PDF - ICSS Journal
ICSS I N T E R N AT I O N A L C E N T R E FOR SPORT SECURIT Y December 2014 | January 2015 Vol 2 | No 4 Tackling child exploitation in sport Securing sport Foreword Get the latest edition of ICSS Journal on your iPad and online, fusing perceptive and timely insights with sport-security issues that are affecting the sporting generations of today, and of the future Mohammed Hanzab President, ICSS Dear Reader, M atch-fixing. Doping. Fan violence. Racism. Corruption. With new cases of such threats emerging on a monthly basis, it is clear that sport is at a crossroads and that organisations and governments must come together to ensure that urgent action is taken to confront these problems. As part of our commitment to sport integrity, the ICSS hosted Securing Sport 2014 in October, bringing together 150 of the world’s top international experts, including Lord Sebastian Coe, David Howman, Umberto Gandini and Michael Hershman, to try to find real answers on how to protect sport, and identify new ways to confront the very real and present threats to its safety, security and integrity. Securing Sport 2014 also marked an important landmark for the ICSS, and a particularly proud moment for myself, as our flagship event was hosted in London for the first time. This signalled our commitment to extend our sphere of activities to key cities around the globe as part of the ICSS’s strategic direction – helping to shape and guide international efforts and policymaking in order to safeguard and protect sport in a constructive manner. The full report of the conference proceedings is available for download from our website (www.theicss.org), and contains Securing Sport 2014 marked an important landmark for the ICSS, as our flagship event was hosted in London ICSS I N T E R N AT I O N A L C E N T R E FOR SPORT SECURIT Y For more information visit www.icss-journal.newsdeskmedia.com Apple, the Apple logo and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. detailed commentary on a range of issues including transparency and accountability in sport, major event safety and security, the governance and autonomy of sport, and protecting children and young athletes around major sporting events. During December, in conjunction with Université Paris 1 Panthéon-Sorbonne, we published the full research report Fighting Against the Manipulation of Sports Competitions. This report is the result of more than two years of work by specialists around the world in the field of sport integrity, and gives a solid evidence base upon which to build effective prevention policies. ICSS Journal – Vol 2 | No 4 3 Foreword ICSS Sport Integrity Model ICSS TM I N T E R N AT I O N A L C E N T R E FOR SPORT SECURIT Y Advancing the integrity of sport to safeguard the future PROTECT The Sorbonne-ICSS Guiding Principles, which we released in May, have been recognised by the Commonwealth Sport Ministers, endorsed by the Community of Portuguese Language Countries (CPLP) and also contributed to the Council of Europe’s (CoE) Convention on the Manipulation of Sports Competitions. The protection of sport is a team activity, and strong collaboration between all actors within sport is necessary to win this battle. Continuing our work on sport integrity, the ICSS and UNESCO will host a special technical meeting between around 100 of the world’s top government officials, technical experts and leaders in sport. The meeting, which will be hosted in Doha in the first half of 2015, will be a significant step forward for sport, and will be the first time international experts meet to implement the detailed recommendations outlined within the Declaration of Berlin on the manipulation of sport competitions. The ICSS has also formed a special partnership with the Spanish Footballers’ Association (AFE) and the Portuguese Union of Professional Football Players (SJPF) to protect and enhance the integrity of Portuguese and Spanish football. As part of our burgeoning relationship with these The influence of organised criminals in sport is now undeniable, and the action required of governments is urgent two countries, the ICSS will work closely with the AFE and SJPF to enhance the education, training and protection of young players. We will also create special working groups that seek to introduce new frameworks on the financial integrity of football throughout Portugal and Spain. Signing with two of the world’s top players’ unions laid down a strong marker about the ICSS’s intent in the area of education and prevention, and will present an important stepping stone to ensuring a more sustainable and viable future for football and sport as a whole. Looking forward, while what was discussed at Securing Sport positioned the issue of safety, security and integrity in sport firmly in the public consciousness, what was made clear is that sport needs help in confronting these issues. The influence of organised criminals in sport is now undeniable, and the action required of governments is urgent. Ultimately, sport cannot face these challenges alone and the response must be global, united and powerful. Governments must acknowledge the economic and social impact that criminal organisations are exerting on sport. PREVENT • Strong statutes operating in all sport bodies • Transparent integrity and due-diligence for all sport bodies • Independent anonymous reporting mechanisms • Global integrity information sharing across sports • Harmonised government legislation and sport statutes • Integrated police and sport investigations • Independent and integrity-driven referees • Protect sport’s image as a model for the best in human behaviour ICSS Sport Integrity Model TM DELIVER CONSEQUENCES • Harmonised disciplinary and integrity systems across all sports • Internationally standardised consequence delivery to corrupted persons in sport • International database of persons complicit in sport corruption INVESTIGATE • Preventative investigation resources for sport bodies • An independent global intelligence collection and sharing body for sport bodies and police • The support of government regulators and the betting industry to provide investigative indicators and administrative evidence MONITOR • Promote for a single agency monitoring international gambling to detect betting fraud for all sports • Sport specialists monitoring play to identity suspicious matches • A procedure to advise and guiding sport bodies on global corruption threat • In-play corruption-prevention procedures for urgent match-corruption alerts Yours in secure sport, Mohammed Hanzab For further information about our Sport Integrity Services, contact us at development@theicss.org 4 ICSS Journal – Vol 2 | No 4 www.theicss.org Contents Contents 30 Securing Sport 2014: winning the game Chris Aaron provides an overview of the Securing Sport 2014 conference, where issues of sports governance and integrity dominated discussions 36 Infectious disease and sporting events Keith Gilbert and James L Skinner examine the implications for international sport of the threat of infectious diseases, including avian flu and Ebola 42 Multiple battles are being fought on Turkey’s football pitches James M Dorsey explores the tensions that are developing among Turkish football supporters, focusing on a controversial new e-ticketing system Integrity 50 Information-sharing in sport: legislative issues Laurent Vidal considers the requirements of a legal framework for information exchange between states and sports bodies An education in integrity Murad Sezer/Reuters 56 Integrity education is vital at all levels of the sport ecosystem, but its implementation has been inconsistent. Jake Marsh highlights the benefits 58 Ethics from the top An extract from Lord Sebastian Coe’s talk at the Securing Sport 2014 conference 62 Match-fixing: framing the fight-back A landmark legal convention has recently been created by the Council of Europe to combat the manipulation of sports. Kevin Carpenter explains its likely impact 70 Contents Vol 2 | No 4 December 2014 | January 2015 iStock Images, Alamy A review of events and developments Technology 76 Who will take responsibility? 82 Simon Chadwick examines the role of governing bodies, sponsors and spectators in realising a change of culture in the wake of corruption allegations 16 Elite sport heading for the precipice 18 Ending violence against athletes 90 6 ICSS Journal – Vol 2 | No 4 Beacon technology: a solution for micro-localisation in stadia Tracey Caldwell assesses the different in-stadia uses of beacons, a relatively low-cost location and communication tool based on Bluetooth technology Legacy 96 The welfare of athletes can sometimes be overlooked, but there is increasing recognition of different types of abuse. Celia Brackenridge discusses the formation of Safe Sport International, a group aiming to protect all athletes 24 Monitoring the crowd: privacy, data protection and best practice Laura Scaife explores the value of different crowd-monitoring technologies, and their legal implications in terms of data protection and privacy The corruption currently infiltrating elite sport could ultimately lead to its demise. Chris Eaton looks at the measures that need to be taken Security and safety Crowd simulation: for the trained eye Keith Still discusses the appropriate uses of crowd simulation technology for risk assessment and crowd management for major sporting events Covering Agenda 2020; gambling among sporting professionals; New Zealand’s measures against match-fixing; and rising costs for the Pan American Games 14 The ICSS FIFA’s new agent regulations are due to come into effect in April. Andy Brown considers what clarity they will bring, and assesses the reaction from agents News and opinion 08 Intermediary regulations: clarifying a murky area How will sport ride the new technology wave? Technology is continuing to transform society, and sport is unlikely to remain untouched. Dr Shaun McCarthy discusses how it can be used as a positive force The Safeguards: putting child protection at the heart of sport Last word The protection of children in sport has been left largely unaddressed for too long. The recently launched International Safeguards for Children in Sport are a step in the right direction, says Ann Rogers 101 Protecting children in sport Dr Susan Bissell, Chief of Child Protection at UNICEF, talks about the challenges of protecting children in sport internationally and changing attitudes ICSS Journal – Vol 2 | No 4 7 News digest News digest New Zealand Police share information with International Cricket Council The International Olympic Committee (IOC) voted in December to adopt the 40 recommendations of Olympic Agenda 2020. The recommendations can be broadly grouped into measures to reduce the cost of bidding for and holding an Olympic event; making Olympic events more ‘community friendly’ by insisting on sustainable development and operations; and paying attention to economic and social legacies. They also include engaging more with local communities; paying more attention to the welfare and rights of athletes through greater support, particularly with regard to gender equality and sexual orientation; and boosting the IOC’s good-governance procedures through greater compliance, transparency and so on. A further category could be broadly New Zealand Police Commissioner Mike Bush and Ronnie Flanagan, the head of the ICC Anti-Corruption and Security Unit, signed a Memorandum of Understanding (MoU) covering information sharing to help combat match-fixing ahead of the ICC Cricket World Cup, which is being held in New Zealand and Australia in 2015. “We have identified match-fixing as a potential risk to the integrity IOC President Thomas Bach at the public launch of the Agenda 2020 recommendations termed as ‘outreach’, which includes various measures such as creating a TV channel in order to deepen the Olympic Movement’s engagement with society as a whole. of the tournament and have been working hard to mitigate this risk,” Bush said. The MoU was signed a week after New Zealand’s Parliament passed the Crimes (Match-fixing) Amendment Bill. “The ICC AntiCorruption and Security Unit and INTERPOL have both described the Crimes (Match-fixing) Amendment Bill as world-leading legislation, and believe it will give police a crucial tool to protect the integrity of New Zealand sport,” said Superintendent Sandra Manderson, New Zealand Police’s National Operational Commander for the ICC Cricket World Cup 2015 and the FIFA U20 World Cup 2015. “Police will now have greater powers to investigate corruption in sport in the same way that we investigate other criminal activity,” she continued. SAJJAD HUSSAIN/AFP/Getty Images Xinhua/Landov/PA Images International Olympic Committee adopts Agenda 2020 As each of the measures are developed, the transparency measure will hopefully be attained through the regular publication of metrics on each of the recommendations. Ontario’s Auditor General, Bonnie Lysyk, criticised security planning for the 2015 Pan American Games (TO2015) in a report published in November. It cites underestimates in security budgets and missed opportunities to save money by better planning security needs, according to the Toronto Star. The current CAN$247.4 million ($214.3 million) security budget for the games is now more than double the original estimate. In the budget, CAN$57 million ($49 million) is allocated to the Ontario Provincial Police (OPP) and CAN$101 million ($86 million) to municipal police services, with the bulk of the remainder going to private security. The Ministry of Community Safety and Correctional Services and its Integrated Security Unit headed by the OPP budgeted CAN$39 million ($33 million) in 2013 for private security, but eventually awarded a CAN$81 million ($69 million) contract to a US company. “The budget for security procurement was understated 8 ICSS Journal – Vol 2 | No 4 Andrew Francis Wallace/Toronto Star via Getty Images Pan American Games see rise in security costs The ICC World Cup trophy on display in Delhi. New Zealand Police and the ICC have taken preventative measures against match-fixing ahead of the tournament Problem gambling rate higher among professional sportsmen Ontario Auditor General Bonnie Lysyk: the security procurement budget for TO2015 was “understated” and should have been more accurate,” Lysyk said. “And we are concerned that TO2015’s security procurements are behind schedule.” Both the OPP and the Ontario government stated that the security budget could rise further if the security threat to the Games became severe. The shooting of a reservist soldier on ceremonial duties in Ottawa in October has increased concerns over terrorist attacks in Canada in recent months. The Toronto edition of the Pan American Games will cost around CAN$2.5 billion ($2.1 billion), but this total does not include security, according to the Toronto Star report. Research into gambling amongst professional sportsmen in the UK shows that the problem gambling rate for professional footballers and cricketers is three times higher than for young males in general. The research found that 6.1 per cent of sportsmen would be classified as problem gamblers compared with 1.9 per cent of young males in the general population, and that problem gambling is highest for players on lower incomes. Brendon Batson MBE, Chairman of the Professional Players Federation, said: “There is an urgent need to break down the stigma attached to problem gambling in sport. Sportsmen are a clear ‘at risk’ group and the whole of professional sport has a duty of care to these young men. We all need to work together to expand and improve the good practice that exists on education and treatment for problem gambling.” The research also found that 25 per cent of sportsmen had received responsible gambling education, and 89 per cent of those found it helpful. The independently conducted research was based on questionnaires from 170 professional footballers and 176 professional cricketers. ICSS Journal – Vol 2 | No 4 9 News digest News digest IAAF and FIFA face governance challenges Gonzalo Arroyo Moreno/Getty Images Riot police on horseback guard the Vicente Calderón Stadium as fans arrive on 14 December for the first match to be held at the facility since clashes between ultras led to the death of a fan Two of the highest profile sports federations – the International Association of Athletics Federations (IAAF) and FIFA – were having to manage challenging governance and integrity issues at the end of 2014. The process surrounding the investigation and report into bidding for FIFA World Cups in 2018 and 2022 hit turbulence in November and December. The Chairman of the Investigatory Chamber, Michael Garcia, appealed the findings of the Adjudicatory Chamber, which was represented in a 42-page summary published by its Chairman, HansJoachim Eckert. When the appeal was denied, Garcia resigned his role on the FIFA Ethics Committee. Then, on 19 December, FIFA’s Executive Committee voted to publish a “legally appropriate” version of the full Garcia report, once the current investigations into five individuals have been completed. Whatever the eventual outcome, the disagreement between the two Fan’s death prompts new security measures in Spain 10 ICSS Journal – Vol 2 | No 4 closure of specific sections of football stadiums that are the location for acts of violence, racism, xenophobia or intolerance. ■■ Penalties for verbal abuse with evidence being gathered by official reporters who will attend matches to monitor abuse. ■■ Development of punitive legislation in response to any collaboration, permissiveness or support by clubs with potentially violent groups or fans (such as ultras groups), with sanctions including possible removal of points and relegation for clubs. ■■ Regulation of ticket sales and supporter travel, with a list of violent groups to be compiled. ■■ Javier Tebas from the LFP said that four new legal roles would be created to support the new measures. These include the appointment of a LFP Director of Security from the State Security Forces, with material powers to manage and coordinate the Directors of Security of LFP clubs; the creation of an Intelligence Unit in the LFP, which will collaborate actively with the State Security Forces to fulfill the requirements of Law 19/2007 against violence, racism, xenophobia and intolerance in sport; the creation of the role of LFP Match Director, who will be responsible for verifying and documenting the existence of conduct that promotes or incites violence, racism, xenophobia and intolerance in football stadiums; and the formation of a Control and Monitoring Committee between club Security Directors, supporters’ clubs federations, the State Security Forces and the LFP Director of Security. Tebas also announced a series of technological improvements in stadiums such as the installation of entry turnstiles with fingerprint and facial recognition in sections where there are risk factors, and the renewal of the existing CCTV cameras in the stadiums. As discussed in ICSS Journal 1.4, security within Spanish stadia has improved considerably in recent years, but the situation outside, in the hours before and after matches, has been of longstanding concern and this latest event points to the need for football and police authorities to take greater joint responsibility for security in stadia environs, and for better intelligence sharing. clean athletes, and we look forward to working with WADA to this end.” Regarding the allegations made against Papa Massata Diack, the IAAF stated that its ethics commission, which is independent from the IAAF, would ensure that all matters of concern are thoroughly and rigorously examined. Papa Massata Diack, an IAAF Marketing Consultant, and Valentin Balakhnichev, President of the Russian athletics federation and the IAAF’s Treasurer, have both stepped down from their IAAF roles while investigations are proceeding. An IAAF spokesperson told UK newspaper the Guardian that Papa Massata Diack has denied the payment allegations. The investigations into these separate allegations, as well as the publication of the findings, will be watched with interest, especially as the election for the new IAAF President will take place in August 2015 at the IAAF Congress in Beijing. Michael Garcia, former Chairman of the Investigatory Chamber of FIFA’s Ethics Committee, resigned his post in protest at the handling of the summary report into bidding for the 2018 and 2022 World Cups Stuart Franklin - FIFA/Getty Images The death of a Spanish football fan during a fight between two ultras groups has spurred new sporting legislation in Spain. Javier Romero Taboada, a member of the Riazor Blues group of Deportivo La Coruna supporters, died on 30 November during a fight between members of Riazor Blues and member of Frente Atletico, an ultra group linked to Atletico Madrid. Newspaper reports suggest that the fight had been organised beforehand, and this seems likely based on the known modus operandi of ultra groups in Spain. However, this has yet to be confirmed by police investigations. In the wake of the death, the President of Spain’s High Council for Sport, Miguel Cardenal, met with officials from the Liga de Fútbol Profesional (LFP) and the Real Federación Española de Fútbol (RFEF) to agree new measures to eradicate violence from football. “The aim is that in May, when the season ends, the outlook is unrecognisable from what it is today,” said Cardenal, promising that major measures would come into force from 15 December 2014. The measures include: Chairs of FIFA’s bicameral Ethics Committee, as well as the change with regard to publishing the full report, have done nothing to bolster confidence in FIFA’s procedures. The IAAF was hit in December by allegations of systematic doping among some Russian athletes, and allegations of irregular payment requests by Papa Massata Diack, the son of IAAF’s President. The doping allegations were aired in a series of German television documentaries. In response to the doping allegations, the World Anti-Doping Agency (WADA) announced a three-person independent commission headed by a former WADA chairman to investigate the allegations, a move that has been welcomed by the IAAF. “The IAAF takes this opportunity to reiterate its full support of the WADA investigation,” said IAAF President Lamine Diack. “Our primary concern must always be to protect the integrity of competition in support of the vast majority of ICSS Journal – Vol 2 | No 4 11 News digest News digest Sport security incidents, October to December 2014 Sport Weapon Category Location Victims Killed Injured 22 December 2014 American football Players fighting Player violence Miami, United States Players 0 21 December 2014 Chairs and other objects thrown onto pitch Fan violence Ankara, Turkey Fans 0 1 police officer Fans of the Turkish football team Yeni Malatyaspor stopped a match in the 77th minute as they disagreed with the referee’s decisions. After chairs and other objects were thrown onto the pitch, riot police arrived and used tear gas in order to control the fans. Yeni Malatyaspor lost the match 2-1 and riots continued outside the stadium. Five fans were arrested and one police officer was reported as injured. 21 December 2014 Basketball Players punching and kicking. Fans throwing bottles Player and fan violence China Players and fans 0 1 14 December 2014 Players fighting Football Player violence Sichuan province, China Players 0 Multiple players Twenty three female basketball players in China women’s basketball league were suspended after the home team, Sichuan Whales, reacted angrily to a foul against one of their players by a visitor from the Zheijhang Bull team. This sparked a mass fight that resulted in the game being cancelled. Firecrackers, chairs and sticks Fan/ultras violence Madrid, Spain Fans and police 1 11 Over 200 people were involved in violent clashes between rival fans from Atlético Madrid and Deportivo La Coruña ahead of a Primera Division match. A 43-year-old fan died from cardiac arrest after being pulled out of the freezing Manzanares River with hypothermia and head injuries. Eleven other people were treated for minor injuries, including a police officer with a fractured hand. A total of 100 troublemakers were identified by the police. 29 November 2014 Football Stones, pummelling Fan violence Argentina Player 1 0 A defender for the club Tiro Federal was beaten and bashed with rocks and died four days later. He was attacked by three assailants in front of his wife and child as he was getting into a car after the match. The game was called off by the referee – who had already sent eight players off the field – when fighting broke out in the field with 15 minutes remaining. This was the 15th football-related death for the year in Argentina. 12 ICSS Journal – Vol 2 | No 4 Location Victims Rival fans River Plate Monumental Stadium, Argentina Fans Killed Injured Sticks and knives 0 3 23 November 2014 Volleyball Explosive vest Suicide bomber Yahya Kheyl district, Afghanistan Young spectators and police 50 63 A suicide bomber detonated his explosive vest in a crowd of spectators at a volleyball match. The match was part of a youth tournament and as a result most of the casualties were young people. Several policemen were also among the dead. 12 November 2014 Fireworks Crowd disorder Croatia, Zagreb Scottish fans 0 0 Celtic club fans set off fireworks in the stands and clashed with riot police during a match against Dinamo Zagreb in Croatia. UEFA has opened a disciplinary case against Celtic after apparent crowd disorder at their Europa League match. This is the fifth time in three years that Celtic have been charged by UEFA over supporter behaviour. 10 November 2014 Rugby Punching Player violence Manchester, United Kingdom Player 0 1 Wigan rugby player Ben Flower faces a lengthy ban and further investigation after knocking out an opponent and then punching him again as he lay unconscious on the ground. The opponent suffered a broken nose. TV replays suggest that the incident, which subsequently ignited a scuffle between players from both teams, could have been prompted by Hohaia’s earlier forearm smash on Flower. 14 October 2014 30 November 2014 Football Category Approximately 100 hooligans armed with knives and sticks charged into the coffee bar at the Monumental Stadium in a premeditated attack on members of a rival gang, wounding three men. Argentinian sports newspaper Olé reported that the attack was about the sale of match tickets. Football A fight occurred during a match between the Sichuan and Tianjin teams in the CBA league, which broke out with 4:20 minutes left in the final quarter. Sichuan’s Daniel Orton was kicked by Tianjin player Liu Wei after they fell on the floor. Orton then punched Liu’s left leg, which started the brawl. Orton scuffled with Tianjin’s Shang Pin from the floor to the stands at the same time one of the audience was trying to hit Shang with the bottle. Basketball Weapon Unknown At the end of a BYU Cougars v Memphis match, fights broke out in the middle of the field between the linemen, which then turned into scuffles, with punches being thrown and players trying to stomp on each other. Later, dozens of people from both sidelines spilled towards the middle of the field, many punching and grabbing. One player had blood streaming from his face and then proceeded to punch another in the head. Football Sport 26 November 2014 Football Quadcopter drone, plastic stool, missiles, flares and fighting Remotecontrolled Partizan Stadium, quadcopter Belgrade, Serbia drone invasion and fan violence Players, fans and staff 0 Numerous The Euro 2016 qualifier between Serbia and Albania was abandoned in the first half after a drone carrying a flag with the insignia of ‘Greater Albania’ descended on to the pitch, sparking ethnic tensions that resulted in a mass brawl involving both sets of players, stewards and fans. After the flag dropped on the pitch, a player carrying it away was hit with a plastic chair by one of the numerous supporters who invaded the pitch, while flares and various missiles were thrown from the stands. 12 October 2014 Football Knife Fan violence Barcelona, Spain French fans 0 2 Two Paris Saint-Germain fans were stabbed in separate incidents near Barcelona’s Camp Nou stadium after a Champions League match. In the first attack, a French football fan who had just left the stadium was approached by two men wearing dark clothing and ski-masks who wounded him with a knife. Shortly afterwards, three French youths who were attacked nearby by several individuals, with one of the French fans injured by a knife. ICSS Journal – Vol 2 | No 4 13 Opinion Opinion Who will take responsibility? Professor Simon Chadwick discusses the commercial and social implications of match-fixing, corruption and doping in the light of recent allegations I n 2007, Adidas ended its sponsorship deal with Germany’s T-Mobile professional cycling team after the sportswear company grew weary of the constant exposure to doping scandals it had faced. In 2013, a rival sportswear brand – Puma – withdrew from its relationship with the South African Football Association (SAFA) after it was alleged that the country’s national team had been engaged in match-fixing activity. In November 2014, Emirates Airlines announced that it would not be renewing its sponsorship deal with FIFA, which some linked to the problems facing the governing body, although FIFA said it had known of Emirates’s decision since 2012. In the recent past, Visa, Coca-Cola, Adidas, Sony, and Hyundai/Kia have expressed concerns regarding the allegations. its affairs, many commentators and the public in general have called for sponsors to take affirmative action in an attempt to force the governing body into a process of change. The logic being that, if FIFA is unable to instigate reform from within, then external pressure should be exerted not just by sponsors but by its other commercial partners (such as broadcasters), too. Promoting integrity in sport There are clear reasons why the likes of sponsors should withdraw from relationships with sometimes problematic organisations such as FIFA. Sponsorship programmes deliver a range of outcomes including brand recall, brand association and image transfer. As such, by being associated with FIFA, sponsors are exposing themselves to an ongoing The public in general have called for sponsors to take affirmative action Following the publication of Hans-Joachim Eckert’s summary of Michael Garcia’s FIFA investigation into alleged corruption in the bidding process for the 2018 and 2022 World Cups, the role of sponsors has once more been put in the spotlight. As critics have continued to question the way in which FIFA conducts 14 ICSS Journal – Vol 2 | No 4 torrent of negative associations and adverse recall in the minds of consumers, and are being tarnished with the same image as FIFA. This is serious, and a major threat to the multimillion-dollar investments often made by sponsors. Clearly, corporations can ill afford for their bottom lines to be adversely Nasser Younes/Getty Images affected by a sports governing body’s inability to conduct its affairs in an appropriate and professional manner. But it is precisely the level of investment made by sponsoring corporations that is a major obstacle to them taking significant action. FIFA sponsorships do not come cheap, and to withdraw from one ‘mid term’ would seriously undermine the return on investment a sponsor makes in acquiring and activating a sponsorship. Furthermore, to simply withdraw from a deal potentially cedes power to a close rival. Not long after Puma withdrew from its deal with SAFA, Nike quickly and neatly moved in to take over sponsorship of the national team. The decision to withdraw is therefore a big strategic call for sponsors and commercial partners, and one which most of them are unlikely to take lightly. As a first course of action, sponsors and other partners often prefer to strategically manage communications around such deals in order to mitigate any damage inflicted by allegations of corruption or other socially unacceptable forms of activity. If this continues to be the case, then one has to question the extent to which they could exert more pressure behind the scenes on the likes of FIFA. Sponsorship is unique in the way that it brings the corporate world close to decision-makers and influencers in sport, often in stadium corporate hospitality lounges across the world. In such scenarios, there seems to be a role for corporations to not just wine and dine their key customers, but also to fulfil a more socially responsible role in pressing a change agenda. There is an element of social responsibility that could motivate such a course of action, especially in a corporation demonstrating its regard for fans of football or other sports. The compression clothing FIFA President Sepp Blatter and Sheikh Ahmed bin Saeed Al Maktoum, Chairman and Chief Executive of Emirates Airlines, after signing a sponsorship agreement in 2006 brand Skins has taken this a step further by seeking to use morality as a strategic positioning statement. Indeed, through its Change Cycling Now initiative, Skins emphasises its commitment to clean sport. While some cynics might disagree, this shows that there is a business case for behaving in a moral way. Perhaps it is simply the case that FIFA sponsors have not thought carefully enough about how they can position themselves to assert their ethical and moral credentials while stressing their dissatisfaction with bodies such as FIFA. Complicit in corruption Among all the rhetoric now heard in the world of sport, football fans most obviously stand and point, blaming everyone from Sepp Blatter to the chief executive officers of big-name sponsors for the malaise in morality that they seem to perceive. However, whether the fans themselves realise it or not, they are complicit in perpetuating the current situation. Many buy television subscriptions to watch FIFA events, and large numbers travel to tournaments and buy tickets. Though there is often disquiet among fans, there has not to date been any coordinated or concerted direct action taken by large numbers of them. In other situations, for example during food scares, we have witnessed consumer boycotts or petitioning and lobbying. Not in football, though; perhaps, for many fans, football is not quite as important as is so often claimed? The same suspicions hold for broadcasters and the media as well, which both have a duplicitous relationship with FIFA: on the one hand, fuelling an anti-FIFA fervour that rightly puts the organisation’s ethics and governance in the spotlight, while at the same time promoting and covering the very events that many in these sectors have so roundly derided. Television corporations and newspaper reporters could easily assert that they are only doing their jobs, but then sponsors could surely say the same thing in order to address the accusations that are currently levelled against them? Hence, when we consider how external pressure can bring about change at FIFA or any other sports organisation suffering its current travails, we would seem to live in a paradoxical age: united in our condemnation of FIFA, in complete disagreement about who or what should drive the changes, and somehow innocent in a situation that we have been complicit in creating. As such, while many of us might look to sponsors to lead in pressing change within FIFA, one suspects that, until a consensus is reached among stakeholders about what we want, how to achieve it or what role we want to play in forcing the change, FIFA will simply continue with business as usual. Simon Chadwick is Director of the Centre for the International Business of Sport, Coventry University ICSS Journal – Vol 2 | No 4 15 Opinion Opinion Elite sport heading for the precipice Blighted by endemic corruption, the world of elite sport faces an existential crisis, says Chris Eaton, and drastic measures must be taken before it’s too late I n 2007 Nassim Taleb wrote The Black Swan, a book theorising that rare and unpredicted events can have enormous social impact, even to the extent that the evolution of mankind actually pivots through them. In his view there are negative and positive Black Swan events: negative ones, such as the stock market crash of 1987, but also positive events, such as the internet. In my opinion, nobody holding truly serious authority in either government or sport really believes that the deep waves of corruption currently permeating administration and competition in international sport will destroy sport as we know it. They are merely waiting for the endemic, almost casual, fixing of football matches worldwide today fails to shock any more, and actually seems to have reached a low point in terms of angry rejection. The sport of football is the worst example of this, but not by any means the only one. All sports, including cricket, tennis, baseball, basketball, handball, volleyball, rugby and even so-called eSports, are globally gambled and locally corrupted, without any real response of outrage. A bleak prospect Given the apparent resignation of fans, a media fatigued by the lack of consequences, and governments mired in economics, it seems to me I believe that elite competitive sport is facing extinction within a generation current storm to abate. Yes, they mouth concern, but they continue to act exactly as they always have, no differently. Honestly, no differently! In this case, given the gravity of the situation, their talk really is cheap. I believe that elite competitive sport, as we know it, is facing extinction within a generation. The 16 ICSS Journal – Vol 2 | No 4 inevitable that the business of sport will keep on its present track to the precipice, being driven ever onward by the same greed that drives the sport betting sector. If all sport goes the theatrical way of ‘professional’ wrestling, or becomes merely the database for digitised ‘virtual sports’, the truly All forms of competitive sports, from football and cricket to baseball and rugby, are, to some extent, afflicted by corruption and match-fixing inspirational physicality of contest, the beauty of selfless teaming, of leadership, the agony of defeat and the thrill of victory on a human scale, will all be replaced by something inherently less human as we know it. This would be a truly negative Black Swan event. Am I being a Chicken Little here? I hope so! I want to be wrong. I will certainly be in my grave within the time frame I suggest. And be assured that I will desperately turn in that grave if ultimately I am right. Sporting bodies have done a lot on integrity lately, right? Governments are passing legislation, investing in prevention, right? Police, gambling regulators and sport betting organisations are trying to stop fraud, aren’t they? Well, yes, to an extent, but as always in global environments these actions are fragmented and are leaving voids in any meaningful response to the challenge now sweeping sport. So the answers are partly yes, but mostly no. What will sport do after all the soft options have been optioned? Leo Mason/Alamy Soft options, such as preventative training, combative rhetoric, bans and sanctions, betting monitoring, conferences, memorandums of understanding, always deal with the symptoms, never the causes. Athletes fall, and the footsoldiers of criminal gangs are paraded so that the media can mount them on figurative spikes, and then all looks good to every casual observer until you take a closer look under the dirty rug of corruption. Possible solutions So how can physical, real sport avoid their sky falling in? What are the really hard questions that sport and governments are avoiding right now? The solutions are deeply seated, complex and difficult reforms. There are no soft options, no silver bullets, when your sky is falling. The necessarily tough solutions need real champions in both government and in sport – champions prepared to take on vested interests and demand real action. For now there is a distinct lack of such champions. Here is how I believe the real philosophy of sport can be protected and enhanced in the current integrity crisis. Effectively implemented, we might be able to pull up before we hit the precipice: 1. The modern culture of sport is bounded by elitism and greed, which is itself driven by a recently embraced but now all pervasive international ‘business’ model. This culture of sport must change. Organised, association sport is a crucial social contributor, and the culture of sport should reflect this historical and philosophical role. Only true leaders in sport can reignite this magnanimous and socially enriching culture. 2. An apparently simple but actually difficult measure is to make refereeing and umpiring completely independent and neutral from the business of sport, sufficiently for them to become the true fanatics of sport integrity in the field of play. 3. Governments worldwide, who are by a long way the biggest financial contributors to sport, should require social responsibility and equity in spending from sport, sport sponsors and sport betting, and then routinely test their compliance to it. 4. Governments are the first responders, mostly through police, to organised crime. However, when conducted transnationally, organised crime is inherently protected through a lack of global mechanisms designed to join-up information and actions to prevent crime. The international focus is almost always retrospective. Governments must change this and enhance the way international crime is investigated, with a vigorous focus on preventative investigation to stop crimes, such as match-fixing and betting fraud, before they happen. 5. Global business has a natural interest in a stable world and in stable markets. Too many government actors, especially the police, eschew the private sector. Governments must change and strengthen publicprivate partnership at a global level in response to destabilising trends, such as international match-fixing in sports and international betting fraud on sport. 6. Prohibiting popular human behaviour does not work. A combination of free choice, education, regulation, supervision and protection of the vulnerable, does work. Governments worldwide should legalise all forms of betting on sport, while strongly regulating and supervising it in a joined-up global manner. Physical, real sport can survive. But it needs risk-taking champions, not pure politicians to do so. Where are they? ICSS Journal – Vol 2 | No 4 17 Security and safety Security and safety Ending violence against athletes D uring the Securing Sport 2014 conference, held by the International Centre for Sport Security (ICSS) in London in October, there was intense discussion of betting fraud, match-fixing, money laundering, security threats to events and other major concerns. It seemed to this author that the dominant discourse at the conference was about securing sport organisations. However, there is also evidence of a moral gap at the core of modern sport – the welfare of the athlete. Measures to secure sport organisations are rather meaningless if athletes themselves are not protected against all forms of harm and abuse. Deliberate violence to, and abuses of, athletes represent the ‘enemy within’ sport, and merit at least as much attention as other global problems facing sport today. Safe Sport International (SSI) is intended to help sport recognise and respond to such emotional, 18 ICSS Journal – Vol 2 | No 4 physical and sexual abuses against athletes of all ages. The Olympic Charter (2013) makes express mention of the International Olympic Committee’s (IOC) role in encouraging measures to support the health of the athlete, act against any forms of discrimination and promote sustainable development. The Olympic Movement Medical Code (2009) states that the IOC “should take care that sport is practised without danger to the health of the athletes and with respect for fair play and sports ethics… [and should take] measures necessary to protect the health of participants and to minimise the risks of physical injury and psychological harm.” In recent years, there has been a rapid growth in awareness among sport federations, scientists and athlete advocates of the damaging personal and organisational impacts of non-accidental violence and abuse against athletes. There is increasing Charlie Nucci/Corbis Celia Brackenridge OBE is a driving force behind Safe Sport International, which aims to mitigate threats to athletes’ welfare. Here, on behalf of the Safe Sport International founding group, Professor Brackenridge sets out the organisation’s rationale, origins and plans for development ICSS Journal – Vol 2 | No 4 19 Security and safety Different types of abuse Calling non-accidental abuse to athletes ‘violence’ is contentious because, as defined in the study Spoilsports: Understanding and Preventing Sexual Exploitation in Sport, “it challenges conventional wisdom by which violence is defined as sudden, physically injurious behaviour”. SSI has chosen to adopt the term ‘violence’ as its focus because it is a strong and unequivocal label that is used by both children’s charity UNICEF and the World Health Organization. It is also adopted as the most comprehensive term, encompassing physical, sexual and psychological/mental forms of maltreatment, including abuse and assault. Harms and rights violations widely reported in the media, first drew the attention of the sport community to the need for safe sport. Article 19 of the UN Convention on the Rights of the Child asserts that all children have the right to be protected from violence, calling on State Parties to take all appropriate measures for the protection of children, including while in the care of others. However, in comparison with other social institutions, sport has been relatively slow to adopt child protective measures. Sport is frequently used as a mechanism for repairing broken communities after human conflicts or natural disasters. However, sport itself is by no means secure when it comes to the safety and welfare of the child. In 2007, UNICEF recognised a gap in its provisions in this regard, and subsequently developed a strategy for enhancing child protective measures in sport. These measures include strengthening child protection systems around and within sport organisations; increasing awareness and strengthening the protective role of parents, teachers, coaches and others caregivers as well as the media; developing and implementing standards for the protection and well-being of child athletes; implementing sport for development and other international programmes and initiatives; and improving data collection and research to develop an evidence base. Most recently, building on the experience of the Child Protection in Sport Unit of the charity NSPCC in the UK, a set of ‘International Safeguards for Children in Sport’ have been developed with over 50 organisations around the world at local, national and international levels. Safe Sport International aims to extend the principles that underlie the International Safeguards for Children in Sport to apply to athletes of all ages Hero Images/Corbis recognition that such violence threatens not only the ethical and social basis of sport, but also the physical, emotional and mental health of the athlete, regardless of their age or status. The prevention and treatment of accidental sport injuries is largely dealt with by the existing sports medicine infrastructure. However, attention must also be given to non-accidental violence that is perpetrated against athletes knowingly, deliberately or negligently. Security and safety Violence threatens the physical, emotional and mental health of athletes of concern include sexual, physical and emotional abuse, sexual harassment, bullying, hazing and many others that are in direct contravention of the UN Convention on the Rights of the Child and the UN Declaration of Human Rights. Unlike the well-entrenched systemic response to doping in sport, there is no similar level of response, and no globally established agency focused solely on the prevention of abuse in sport. Research evidence about the types, prevalence and incidence of violence and abuse in sport has grown considerably over the past 20 years. A preliminary review of 466 relevant items in sport literature, conducted for SSI, gives an indication of the scientific priorities in this field. These include: sexual harassment and abuse (undifferentiated) (n=132, 28 per cent), homophobia (n=86, 18 per cent), sexual harassment (n=58, 12 per cent), sexual abuse (n=49, 11 per cent), bullying (n=39, eight per cent), and hazing (n=39, eight per cent). While the founders of SSI acknowledge that much more data are needed, especially in relation to global cross-cultural comparisons, we argue that there is now a sufficient evidence base to underpin the need for a new concerted effort that will require a dedicated body to raise awareness, gather empirical evidence and drive cross-sports-industry efforts to protect athletes from abuse. Safeguarding child athletes is the bedrock of athlete welfare. There is no doubt that recognition of child abuse in sport, especially some high-profile sexual abuse cases 20 ICSS Journal – Vol 2 | No 4 Safe sport policy responses Along with growing scientific knowledge, there is increasing demand for policies and procedures to secure sport as a place of safety for all. These demands come from parents, athletes, law-makers, policymakers and a range of sport organisations, from local to international levels, provoked by widespread media coverage of sexual and other violent and abusive behaviours in sport. In recognition of this, a number of agencies, from both human rights and sport, have already developed harm prevention strategies and programmes in sport. Such initiatives include practical measures – such as education and training, codes of practice and support for whistleblowers – and are based on a strong platform of values and principles. In recognition that athletes of all ages deserve safe sport, a number of agencies have developed harm-prevention strategies and programmes in sport to extend their work to those over 18 years of age. Examples include: ■■ the IOC Sexual Harassment and Abuse in Sport educational online training programmes; ■■ the IOC adopting the Consensus Statement on ‘Sexual Harassment and Abuse in Sport’; ■■ the 2010 UNICEF Protecting Children From Violence in Sport review and subsequent initiatives to rid sport of violence and abuse; and ■■ the introduction of various respect-based and other safe sport programmes addressing both adult and child athlete safety in many countries, such as Canada’s Respect in Sport. With similar initiatives arising almost every month, the time is right to bring together all those active and interested in preventing and managing violence against athletes in order to develop a coordinated international plan on safe sport. To date, with the notable exception of the child safeguards mentioned above, there is no internationally agreed standard for safe sport for all athletes, and there are significant gaps between and among countries in terms of policy provision and practice. Initiatives are under way to address this challenge. An ad hoc international group of experts on athlete welfare and protection have been meeting regularly to develop ideas for a global safe sport agency, a concept that was first discussed in expert panel meetings for the IOC in 2006 and UNICEF in 2007. Those participating represented entities of the UN agencies and children’s NGOs (UNICEF, UNICEF UK, the NSPCC’s Child Protection in Sport Unit), high-performance sport (the US Olympic Committee, the Hong Kong Sports Institute), development stakeholders (sport for development consultant for the Norwegian Olympic Committee), sport security (the ICSS), the charitable sector (Oak Foundation), advocacy organisations (Safe4Athletes), researcher-advocates in institutes of higher learning (Brunel University London, Winnipeg University, the Norwegian School of Sport Sciences), and sports medicine. Key outcomes of these meetings included agreement on the need to create an organisation dedicated to working with others to raise awareness and develop collaborative responses to prevent athlete abuse and to help protect athletes and, in particular, children in sport. SSI, the new organisation, has developed a Strategic Plan and the ‘Safe Sport International Declaration and Principles’ (see box on page 20), which are being translated into several languages, while endorsements are being gathered from international sport bodies and athletes. Early adopters include the ICSS and the International Paralympic Committee. SSI seeks an end to violence and abuse against athletes. The founders agree that the sports movement should set up a mechanism that will ultimately monitor and quality assure compliance by all National Olympic Committees and international federations with the Safe Sport International Principles. In the longer term, we seek to embed these principles – and the actions they imply – in all sport organisations as a prerequisite for bidding to host major sport events. However, for such initiatives to be successful, the support of all stakeholders in sport will be required, with safe sport policies and practices linked to good governance. This is clearly an ambitious project but one whose time has come. It will be vital to grow the organisation in a way, and at a pace, that the community of sport will accept. For this reason, the founders plan to begin with a permissive approach and move to a prescriptive one some years on. The permissive approach will be ICSS Journal – Vol 2 | No 4 21 Security and safety The Safe Sport International principles were agreed at a meeting of the founding group members in July 2014. They are being translated into several other languages, while endorsements are being gathered from international sport bodies and athletes. Early adopters include the ICSS and the International Paralympic Committee. The principles are: 1. That the welfare, safety and rights of all athletes is the central consideration in the administration and delivery of sport. 2. That all sport organisations work together with appropriate partners to prevent and respond to violence against athletes. 3. That sport organisations establish and disseminate relevant codes of ethics and conduct that will help prevent breaches of safe sport. 4. That all members of the athlete’s entourage including officials, support staff and sports coaches, leaders and instructors undergo appropriate education and training about safe practices as a condition of their qualification to operate, including the adoption of empowerment-based coaching styles. 5. That all members of the athlete’s entourage including officials, support staff and sports coaches, leaders and instructors undergo appropriate background or criminal record checks and provide evidence of these to those responsible for hiring or recruitment. 6. That athletes be educated and informed about their rights to be safeguarded and how to report any concerns they may have about their own or others’ safety. 7. That reports of violence, and/or other actions or practices by anyone in sport that compromise the safety of the athlete, be treated respectfully and investigated and acted upon in a timely manner by appropriate authorities. 8. That individuals subject to complaints or allegations be offered due process with fair and transparent grievance and disciplinary systems, and with clear suspension, sanctions and reinstatement procedures. 9. That appropriate multi-mode technology and communications media be used to supplement support for athletes or anyone else wishing to make and pursue a referral about a suspected breach of safe sport. 10. That all breaches of safe sport are recorded and managed systematically and the data used to research, evaluate and enhance safe practice. 22 ICSS Journal – Vol 2 | No 4 supportive, aspirational and educational, offering advice, information and examples of good practice to those whose sport organisations may be new to the ideas embodied in safe sport. Over time, the expectation is that the major international sport agencies will sign up to the code for prescriptive safe sport regulations and monitoring, just as happens with doping control now. However, this approach to quality assurance at the global level will only succeed if it builds on local action. Towards that objective, establishing a network of agencies and programmes for safe sport that can be used as mentors and good practice guides at the local level should be a key component of a strategy to combat athlete abuse. International Olympic Committee President Thomas Bach speaks during an event in Lausanne, Switzerland, November 2014. The IOC’s harm-prevention strategies and programmes have informed the development of SSI What difference will this initiative make? For sport organisations and athletes, this initiative will offer: clear guidelines on what is and is not permissible in regard to athlete welfare, inter-relationships, coaching practices and so on; and education and training to increase knowledge and spread good practice. Eventually, it will also offer: somewhere outside one’s own sport to refer issues and concerns; somewhere to adjudicate disputes about sanctions; and support systems for both victims of violence and those accused of perpetrating it. In 10-15 years’ time, we could anticipate the following success measures: 1. SSI is identified as the go-to expert body for consulting on and developing safe sport practices. 2. Standardised parameters and standards for athlete welfare practices are in place, with meanings shared throughout the major global sport and human rights networks. 3. Parameters and standards for athlete welfare practices are implemented by IOC/National Olympics Committees/international federations. 4. The IOC mandates safe sport parameters and standards as criteria for hosting events. 5. SSI functions effectively with diverse representation from all regions and interests. 6. Advice, education and support is available via customised tools and programmes for sport organisations on how to develop effective safe sport and harm-prevention measures. 7. Robust auditing and feedback mechanisms are established and regularly updated. 8. Systems for measuring compliance with welfare standards are designed, refined and implemented. 9. A technology infrastructure is established and regularly updated, including a global database for information-sharing. 10.Sustainable funding for SSI is achieved. A number of related developments are relevant to the formation of SSI. These include: ■■ a recently formed IOC Working Group addressing harassment and abuse prevention and reporting to IOC President Thomas Bach; ■■ comprehensive updating of the IOC Consensus Statement on Sexual Harassment and Abuse Jean-Christophe Bott/Pool/Reuters Safe Sport International: principles Security and safety There is increasing demand for policies and procedures to secure sport as a place of safety for all planned for late 2015 and its extension to include other forms of abuse to athletes; ■■ the development of the IOC 2020 Vision, part of which we hope will address athlete welfare through safe sport; ■■ the emerging IOC Youth Strategy in which child protection and safeguards should be a major plank; and ■■ the completion in 2015 of the two-year trial of International Safeguards for Children in Sport, being coordinated via UNICEF UK and UK Sport, which could well become the de facto child protection component of SSI’s work. The next phase of development is to establish an organisational structure, to set up a web-based community of interest and to seek funding to move the initiative towards a formal launch during 2015. Empirical research and scientific studies are essential to underpin these efforts and to ensure that initiatives are always evidence based. SSI and the ICSS are in consultation about a research programme that will deliver a sound evidence-based approach towards a deeper understanding of the issues and challenges that sport faces to ensure the prevention of athlete abuse so that sport can live up to its ethos of fair and free competition. Shaun McCarthy, Executive Director of the ICSS Enterprise, the ICSS research and development entity, says that the challenges faced by all stakeholders with a passion to safeguard sport are growing, as our world becomes increasingly complex. “This task is greater than any one organisation, and we recognise that a growing coalition of like-minded organisations will be needed to secure sport,” he says. “As such, we are proud to be associated with the efforts and initiative to launch SSI.” Professor Emerita Celia Brackenridge OBE is founding member of Safe Sport International. For further information, please email: info@safesportintl.org.uk ICSS Journal – Vol 2 | No 4 23 Security and safety Security and safety The Safeguards: putting child protection at the heart of sport F or children everywhere, sport and play bring countless benefits, but worldwide the complex relationship between children and sport is also fraught with risk. Too often, sport has failed to adequately protect children from non-accidental harm and abuse. For decades, this area of policy has been largely unaddressed. Definitive proof of a need to protect children in sport has been lacking, and opinions have been divided on how to tackle the complex issues involved. An international initiative aimed at addressing this gap is now bearing fruit. The International Safeguards for Children in Sport were launched at the Beyond Sport conference in Johannesburg South Africa in October 2014. The Safeguards are both a tangible culmination of serious work to address the issue, and the beginning of a long road to ensure children in sport are kept safe. As stated in the International Safeguards for Children in Sport report, the aims are as ambitious as they are necessary: to provide safeguards that constitute “a holistic approach to ensuring children’s safety and protection in all sports contexts internationally”. They have been designed for use by any organisation that provides sports activities to children and youth, and will evolve as more research and experience feed back into what is collective good practice. Global economic inequality is visited hardest on its most vulnerable members, an imbalance that is 24 ICSS Journal – Vol 2 | No 4 clearly manifest in sport. In West Africa, boys are trafficked to play football. Indeed, speaking after a meeting of global police, church and government officials in December, the Archbishop of Westminster, Cardinal Vincent Nichols, drew attention to children who are enticed to the UK with the promise of a career in the Premier League, but then trafficked into slavery. In Thailand, brain damage found in young Muay kickboxers is similar to the damage caused by car accidents. In many countries, cultural values and economic necessity have hampered efforts to protect children from the risks that inhere in sporting activities. The former communist states in Eastern Europe pose another diverse set of challenges. The collapse of state-supported systems for training young elite athletes left a vacuum, along with a legacy of overtraining and doping children in order to maximise performance. When the Berlin Wall fell in 1989, many coaches and trainers were recruited and became active internationally, proliferating some questionable methods to enhance athlete performance. Even in states where child protection is taken seriously and capacity is strong, sport often gets a free pass. In Canada, influential hockey commentator Don Cherry frequently defends violence on the ice: “Here’s the name of the game: you fight, you get hurt,” he remarked during match analysis on CBC’s Hockey Night in Canada after a player left on a stretcher in a iStock and Alamy Images Dr Ann Rogers discusses the International Safeguards for Children in Sport – the beginning of a long road towards making sport and play safe for children ICSS Journal – Vol 2 | No 4 25 Security and safety Security and safety Winter Olympics in Vancouver as ‘worrisome’, given the sole focus on performance improvement rather than overall athlete welfare. International sporting bodies such as the International Olympic Committee (IOC) have been slow to take up the cause of safeguarding children. The IOC initially limited its concerns to the over-training of young elite athletes and sexual abuse and harassment. It is now beginning to expand its concerns to more general problems. League sports, notes Tiivas, have also been reluctant to engage. The pressure to sacrifice children’s safety and well-being on the altar of sport climbs into even more complex territory when money becomes a factor. What looks to some like the commodification of young athletes looks to others like a potential escape from poverty for children with few other options. In his investigation into Muay Thai boxers, ESPN reporter Steve Marantz found that the prize purses some child fighters bring home are often vital sources of income. For too many children and their families, the violation of rights, the undermining Leo Correa/PA Images People stand together to spell out the message ‘Red card to child labour’ in Rio de Janeiro, Brazil, June 2014. The event was part of a campaign by the International Labour Organisation against the practice of child labour Changing the game The UK experience provided a template for action. A series of high-profile child abuse scandals, accompanied by public backlash and loss of sponsorship, forced the British sporting community out of its complacence. For example, in 1995 a 17-year jail sentence was handed down to former UK Olympic swim coach Paul Hickson, who was convicted on multiple counts of raping and abusing teenaged members of his swim teams over a 15-year period. The Amateur Swimming Association attempted to treat the incident as a ‘one-off’, but ultimately lost £1 million in sponsorship money and faced demands that sport become more accountable, says Tiivas. “In the UK in the 1990s, swimming, football, and yachting came to the NSPCC only when they had had really bad things happen… and they wanted to know what to do to make things better,” Tiivas told the ICSS conference. While the initial impetus for change was motivated by a need to manage risks and rebuild reputations, the benefits of replacing the hidebound traditions of ‘old-school’ sports with a modern, more child-centred model soon became apparent. The English sporting community quickly embraced change. According to Tiivas, action and uptake was fast: “We were able to cover a lot of ground very quickly. It shows what sports can do – these people are action-oriented, and know how to get things done.” For a very long time, sport and its norms sat outside the rest of society 2013 incident. Concerns about injury – concussion is a major problem in junior hockey – vie with entrenched attitudes that young players need to learn the aggressive and intimidating tactics that are an accepted part of the professional game in which they aspire to play. Calls for the rights of children to be heard, for them to have agency over their lives, their well-being and their bodies, and to play a role in decisions that affect them, have become increasingly difficult for sport to ignore. It is not only their athletic performance or potential that need to be considered. “Children themselves are at the centre of what they should be doing,” says Anne Tiivas, head of the Child Protection in Sport Unit of the National Society for the Prevention of Cruelty to Children (NSPCC), the UK’s leading charity dealing with child abuse. The International Safeguards, which are based on successful UK standards, are designed to put children first. A long history of risk On paper, children should be safe. In general, child protection has improved vastly since the Second World War, and both internationally and nationally, they have significant protections and rights. According to Article 19 of the UN Convention on the Rights of the Child, children have the right to be protected from “all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse”. Children are also covered under the UN Universal Declaration of Human Rights, while international law prohibits trafficking, sexual exploitation and child labour. States themselves are responsible for creating the legal structure and social policies for protecting children, 26 have agency to protect themselves and their interests. The challenge is to raise awareness and change a global sporting culture that is not only reluctant to confront these problems, but is made up of societies with very different ethical and cultural ideas about what constitutes unacceptable behaviour or inadequate care of children. ICSS Journal – Vol 2 | No 4 and while many already have effective regimes, others lack the capacity or political will to follow suit. But until recently, children in sports have been overlooked virtually everywhere, although their relations with adults leave them vulnerable to exploitation and abuse. Tiivas told participants at the International Centere for Sport Security (ICSS) ‘Securing Sport’ conference in London in 2014: “For a very long time, sport and its norms sat outside the rest of society.” She said that even when problems were identified, “sport itself lacked the capacity to respond”. The ‘no pain, no gain’ mantra is central to a sporting culture that is performance- rather than people-oriented, and the line between what is needed to help children enjoy sport and excel at it is highly subjective and often very socially specific. When does constructive criticism become verbal abuse? When does an extra lap around the track become over-training? Views and experiences vary widely, between parents, coaches, organisations and among children themselves. Sport has been reluctant to broach the issue. England is now considered to be a world leader in this field, but as recently as 2002, Brunel University professor Celia Brackenridge summed up the attitudes she found during her research by calling an article she wrote on the subject, ‘“...so what?” Attitudes of the voluntary sector towards child protection in sports clubs.’ In a 2008 report titled Child Protection in Sport: Implications of an Athlete-Centered Philosophy, Canadian researchers Gretchen Kerr and Ashley Stirling described high-profile national initiatives such as the Canadian Olympic Committee’s ‘Own the Podium’ programme that was set up in order to prepare athletes for the 2010 of education, and the risk to physical and mental wellbeing is balanced against the glittering prize that sporting success can bring in terms of wealth and prestige. Amid such widespread problems, neither existing laws nor good intentions are enough to keep children safe. Sport itself needs to recognise that everywhere sports happen, there are risks; that those involved have a duty of care to children; and children themselves must The International Safeguards for Children in Sport The safeguards are a set of guidelines designed to help everyone that is involved in sport to keep children safe. The full report and detailed safeguards can be downloaded from the NSPCC Child Protection in Sports Unit’s resource library. In brief, the eight safeguards are: 1. Develop a clear policy that places children’s rights and protection at its centre and that provides a framework for developing processes to achieve this. 2. Develop and implement credible organisational procedures that provide step-by-step guidance on how to protect children in various circumstances. Ensure that children and parents, as well as staff, are aware of them. 3. Provide advice and support for people – whether staff or volunteers – who are responsible for safeguarding children. 4. Minimise risks to children, including undertaking risk assessments for activities, transport, and accommodation, as well as recognising some children face additional risks due to race, gender, disability, and so on. 5. Provide guidelines on behaviour, including expectations of the children and those taking care of them (for example, host families). Provide guidance on working with children with disabilities, and codes of conduct around information technology so that children’s sport is carried out in a safe, positive and encouraging atmosphere. 6. Recruit, train and communicate in ways that create opportunities to develop and enhance safeguarding by recognising that everyone in contact with children has a role to play in their protection. 7. Partner with other organisations to share and develop mutual understanding of expectations around safeguarding. 8. Monitor and evaluate compliance and effectiveness to identify where improvements and adaptations may be needed, or to recognise patterns of risk. ICSS Journal – Vol 2 | No 4 27 Security and safety 28 UN Secretary-General’s World Report on Violence against Children mentions sport only once eyond Sport, a group that brings corporate B funding and support together with sporting causes that promote social goods globally, achieves a high profile when Tony Blair becomes chair of its Ambassadors programme NICEF report identifies gaps in UN research and U shows need to better protect children in sport NICEF initiates discussion with over 30 leaders U and thinkers on the topic of child safeguarding; a set of international standards for safeguarding children in sport were introduced and a working group formed. Beyond Sport et al launch pilot project on developing safeguarding standards for children in sport International Safeguards for Children in Sport launched at Beyond Sport Summit in Johannesburg, South Africa d hoc group of experts formalises to become A Safe Sport International, a new international organisation dedicated to ending violence and abuse of athletes. Plans include establishing an organisational structure and a new website ICSS Journal – Vol 2 | No 4 The Standards for Safeguarding and Protecting Children in Sport, launched in England in 2002, became central to the new emphasis on child safety, and soon became mandatory for all funded sports and sports partnerships. Sports England got firmly behind the Standards, and a decade on they have largely been met. The positive impact of the Standards on children’s safety occurs on a huge scale. Tiivas notes that every week in England some 1.9 million volunteers participate in children’s sporting activities. Thanks to improved training and awareness, children are better protected and the overall experience for all has been improved. Much still remains to be done in terms of continuing research and finding better ways to gather data and evaluate effectiveness, particularly at the grassroots level, says Tiivas, but it seems that a sea-change is occurring. A Muay Thai boxer, aged nine, receives a massage before a fight. In Thailand, children as young as seven take part in the sport, often for financial reasons Going global UNICEF had long promoted children’s sports as an effective development strategy. In refugee camps and in post-conflict situations, sport has been seen as an effective way to re-introduce some normalcy and fun into children’s lives. The idea that sport and play are inherently good for children is so strongly ingrained that the 2006 UN Secretary-General’s World Report on Violence Against Children mentioned sport only once, in passing. However, the issue was already on people’s radar. Susan Bissell, now UNICEF’s Head of Child Protection, began to worry that UNICEF had not adequately questioned the safety issues around children in sport. In 2007, UNICEF began to take formal steps to address this gap, forging relationships with researchers, sporting organisations, governments and international nongovernmental organisations. An international ad hoc working group – which would eventually become Safe Sport International – was convened to bring the issues of children’s rights and children in sport together to see what could be done. The plan for action began to crystallise around creating a set of safeguards for children that were both development- and sports-specific. Increasing awareness of children’s vulnerability to abuse and exploitation when engaged in sport helped move the agenda forward. Bodies such as Beyond Sport, which seeks to link corporate funding power to spending on social goods, along with academic research that helped to expose and clarify structural problems in sporting culture that lead to harm, and changing attitudes within the sporting community made it possible to begin to scale up protections for children on a global scale. Money was found for furthering the cutting-edge research being undertaken at Brunel University’s Centre for Youth Sport and Athlete Welfare, and groups such as the UK UNICEF, The Right to Play, the NSPCC and Comic Relief came on board. The London Olympics gave the movement increased momentum, and a group of organisations partnered at the Beyond Sport summit in London in 2012. Soon, a pilot programme for trialling standards that would be universally applicable was Taylor Weidman/PA Images 1989 2006 1995 2005 IOC Medical Code mandates need to protect health and well-being of athletes 2009 1990s 2002 K Standards for Safeguarding and Protecting U Children in Sports launched 2010 In the UK, only one in 10 sports bodies complete police criminal record checks on paid coaches and staff members dealing with children, and almost half have no reporting system in place for handling abuse allegations 2012 In wake of a series of scandals, UK sports groups approach the NSPCC for guidance on how to better protect children 2014 K swimming coach Paul Hickson convicted on U multiple counts of sexual abuse of young swimmers 2015 UN Convention on Rights of the Child 2000 Timeline Security and safety underway. The pilot involved 50 sporting organisations trialling the UK Standards internationally. From Laos to Brazil, the global response to the standards was both positive and surprisingly consistent across the diverse organisations piloting them. With some tweaks, the standards were renamed Safeguards and formally launched in October 2014. Tiivas noted that the two-year pilot scheme has been revealing. It has proven much easier to put things in place at the grassroots level. Progress has been slower when top-down approaches have been tried, for example working with national governing bodies. Problems and prospects Depending on location, the challenges, culture and capacity to implement change vary greatly. There are deep cultural sensitivities around both sport and children; many places still do not have any form of child protection legislation, or if it is present, it is not being implemented. Whatever the diverse circumstances they are employed in, the International Safeguards are already proving to be an accessible and usable tool. Tiivas said that Trinidad and Tobago, which is only just getting its first children’s protective services, is incorporating sports safeguards into its mandate right from the start, thanks to this initiative. The International Safeguards, like the UK Standards, will go a long way to ensuring that children around the world are consulted and protected, but there is a lot of work ahead. Safe Sport International, which will become fully functional in 2015, is the “natural home for continuing organised work on safeguards, but the challenge is funding it”, says Tiivas. “Corporate [funders] are still wary, given the subject matter.” Some money for work in Europe is coming from the EU and the Council of Europe, but to shift global attitudes, much more is needed. “Even translating the Safeguards into local languages is a cost barrier that we have to overcome,” Tiivas said. She noted that there has been a lot of resistance to change, but interest is growing as sport recognises firstly that the issue is not going away and secondly that there are clear benefits to adopting a safeguarding approach. Ongoing research demonstrates an incontrovertible need for safeguards, and in a world of globalised social media and communications, there is no longer anywhere to hide when scandals hit. Furthermore, young athletes themselves are becoming more empowered, demanding that their rights and safety be protected. Cultural, ethical and economic differences cannot detract from the universal necessity and urgency to protect all children, everywhere, when they participate in sport. Endorsing the International Safeguards, ICSS President Mohammed Hanzab said: “For many young people around the world, sport means many different things. For some it is purely for fun. For others, it is a way out of poverty. Regardless of why they play, the safety and well-being of children must be safeguarded.” Dr Ann Rogers is a Canadian international security professional who specialises in open-source research and analysis ICSS Journal – Vol 2 | No 4 29 Security and safety Security and safety Securing Sport 2014: winning the game S ecuring Sport 2014 was held in London on 6-7 October, marking the first time the annual conference has been held outside Qatar. Three major preoccupations emerged during the two days: how sporting bodies should be governed and regulated; how sport and athletes can be protected from rising threats linked to organised crime; and how sports bodies should engage with communities, particularly youth, in order to maintain their relevance. Opening the conference, Jonathan Edwards, British gold medallist and world record holder in the triple jump, noted that his world record from the Gothenberg World Championships will celebrate its 20th anniversary in 2015, “which is something to be very proud of, but only if the integrity of that competition and the institutions behind it are not brought into question... there is so much at stake: sport for its own sake and the way it enriches so many people’s lives; sport as an economic driver given the 30 ICSS Journal – Vol 2 | No 4 amount of money that is involved now and the jobs it creates; and also sport as a catalyst for social change.” Can sporting organisations continue to self-regulate, or must they be subject to governmental oversight or regulation from a global, extra-judicial body? Or to put it another way: who is going to take responsibility and take action? This question was the focus of the meeting. José Ramos-Horta, the Nobel Laureate and former President of Timor L’Este, reminded the audience that while sport alone could not bring peace and reconciliation to post-conflict or deprived communities, it does have an important role to play. However, it can only perform this role if its organisations and individual stars are held in respect and perceived as being free from corruption and cheating. Michael Hershman from Transparency International, who has now joined the Advisory Board of the ICSS, argued that sports institutions cannot be relied on to self-regulate and introduce the reforms needed for The ICSS Chris Aaron reviews the discussions held at Securing Sport 2014, where the issue of who will take responsibility for improving sports governance and protecting sports integrity dominated debate ICSS President Mohammed Hanzab delivers a speech at Securing Sport 2014. The conference addressed crucial issues that threaten sport today, including organised crime, event safety and security, match-fixing and governance ICSS Journal – Vol 2 | No 4 31 Security and safety The ICSS Security and safety José Ramos-Horta, former President of Timor L’Este good governance, but that governments must take more responsibility, particularly where they help fund sports, and that the corporate sector has shown how overarching governance bodies can be established to provide oversight and drive reforms. Barry Hearn, a long-time sports entrepreneur, also called for greater state regulation of the sport sector, specifically related to gambling, saying that the threats from unregulated betting and organised crime involvement in match-fixing, are now a threat beyond the scope of sports bodies. He also advocated specific government funding of sports bodies to help them fight integrity challenges, possibly basing this funding on a special tax on rich sports organisations, such as the Premier League. David Howman, Director General of the World Anti-Doping Agency (WADA), pointed to the successes of the organisation, suggesting that it could be a template for a similar global agency to address all aspects of sports integrity, including governance, doping, match-fixing, and violence. Emídio Guerreiro, Portugal’s Secretary of State for Sport, also noted that the sports community still lacked “an entity that can help us share and create solutions together”, that there is still no one body bringing everything together. However, other delegates and speakers were very much against the idea of one over-arching body to cover all threats to sports integrity. One delegate told the author that a single authority was impractical given the diverse nature of the threats, and Lord Sebastian Coe also expressed reservations about the effectiveness of an over-arching body, arguing that measures to improve governance can only work if a culture of integrity is Michael Hershman, Transparency International instilled in sports bodies, and that the focus should be on internal reforms and better governance at all levels of sports organisations, rather than implementing some kind of top-down control. He pointed to the ongoing reform of the International Olympic Committee (IOC) as an example of how sports bodies can self-regulate and meet the challenges of good governance if they have a ‘compelling vision’ of their role in society. Lord Coe also drew attention to the issue of communication between bidding teams and decisionmakers as an example of where excessive regulation could be detrimental: “There is a balance here, because for a bid to win and gain acceptance and admiration you need personal relationships... There is again Up to 25 per cent of world sport could be affected by organised crime 32 ICSS Journal – Vol 2 | No 4 proportionality. We have to be careful you don’t take the human dimension from all this and just do it by a technical bid... An organising committee needs to present itself not just as a bid committee... You need to know as an executive committee member of a sport, that you are comfortable that the team that is out there bidding will also make an extremely good delivery team because, believe me, the easy bit is bidding.” Organised crime involvement in match-fixing and unregulated gambling, violence against young people in sport and trafficking of young people, cyber-threats, and biological-agent attacks were all raised as issues Angela Melo, Director of Youth, Ethics and Sport, UNESCO that, while not new, appear to be growing threats to the safety and security of sports people and sporting events. While match-fixing and related gambling issues have been discussed widely, it is the increasing involvement of transnational organised crime in both fixing and doping that most concerned the panellists. Howman estimated that 25 per cent of world sport could be affected by the infiltration or control of criminal groups, and the ramifications of the issue were attested to by Susan Bissell, UNICEF’s Chief of Child Protection, who pointed to the rise of the trafficking of young athletes from Eastern Europe, Africa and South America, who are promised amazing opportunities, but then abandoned by criminal gangs if they are not taken up by European sports clubs. The challenge of combating criminal groups is one of the most important reasons for government to take a greater role in sport governance according to various speakers, but as some admitted, the problems of sport are not yet a priority for many law-enforcement and judicial authorities. Even Angela Melo, Director of Youth, Ethics and Sport at UNESCO, admitted that despite their importance, some of the issues related to sport could not be a priority for UN organisations at a time when war and disease have to be of first concern. That said, Melo stressed the importance of the Declaration of Berlin in providing a framework for action against the manipulation of sports competitions, saying that the focus of UNESCO’s work at international and national levels would be to contribute to the establishment of a mechanism for the sharing of information between sports federations, the betting industry, and the police. Violence against young athletes participating in sport at all levels, but particularly at elite levels, is widespread Lord Sebastian Coe Anne Tiivas, Director, NSPCC Child Protection in Sport Unit and has to be a major concern for all those involved in sport – from parents to governments. Violence includes all forms of abuse – from verbal to physical – and surveys conducted by various bodies show that the lives of young people can be harmed by sport, the very opposite of most people’s perception and desire. Most sports organisations lack the knowledge and resources to deal with these issues effectively, and there needs to be greater support for experienced child-protection bodies to work with sporting organisations to help them build capacity and ensure young people are protected. Anne Tiivas, Director of the UK NSPCC Child Protection in Sport Unit echoed some of the issues raised in the earlier debate on governance, stressing the importance of building capacity within sporting organisations to tackle problems that they currently lack expertise to address. Discussing her experience in the UK, she noted that “one of the things we’ve learned is that you have to change the culture of sport. You have to make it for children, you have to listen to what children like about it, what they want more of, but you also have to listen to what they don’t like, what harms them, and what they’d like to see done differently, and our job is to capacity build to help sport to do that better.” Cyber and biological threats were raised as security issues that major sporting events may face more in the future, as a result of increasing access to dangerous capabilities. Awareness and preparedness are the only real answer to such threats, but a difficulty remains in getting organising committees to take such unconventional threats as seriously as they should, partly due to a reluctance to consider the potential fall-out from such attacks. The importance of scenario planning and risk assessment in considering all possibilities was highlighted. ICSS Journal – Vol 2 | No 4 33 Security and safety The ICSS Security and safety Richard Serino, US Federal Emergency Management Agency Different cultural aspects of security and emergency preparedness were also discussed, with issues including the cultural and legal frameworks that affect the use of the military in protecting sporting events in different countries, the need for pre-planning and exercising emergency response plans, the role of private security companies in securing sporting events, and the use of social media in managing security. Richard Serino, from the US Federal Emergency Management Agency, highlighted the essential importance of training and exercising emergency responders on a continual basis, not just so that first responders on the ground know what actions to take automatically, but also because exercises build relationships between coordinators and leaders, so that they can build trust and know how to work together in a real emergency situation. Engaging with communities Good governance, integrity, the uncertainty of sporting outcomes, protecting young people and athletes from violence, and ensuring the safety and security of sporting events are all one side of the coin: the challenges that sport faces. The other side of this coin is the future of sport and society in a world where these challenges are not confronted. Several speakers referred to the loss of trust in many institutions that is manifest in recent years. Lord Coe noted “the cataclysmic collapse of trust, particularly amongst people from the age of 30 down. Young people sit at the moral hotspots of most of the big issues out there, they are more demanding, they want to see more from sport, and so connecting with young people and reasserting the values of sport in a modern environment, making international sport and organisations like the 34 ICSS Journal – Vol 2 | No 4 Judge Fausto Pocar IOC and the IAAF (International Association of Athletics Federations) relevant in their lives is, I think, the big challenge.” José Ramos-Horta also perceived the need for sports to reconnect with youth, saying that “Save the Dream, which I am very very proud to be associated with, I believe was born precisely to address some of the betrayed dreams of our youth.” But sport needs to engage more with communities generally, not just with youth. As Lord Coe pointed out, much of the protest against sports events such as the Sochi Winter Olympics or the FIFA World Cup can be put down to a failure of communication and engagement with local communities to listen to, and engage with their concerns. As Judge Fausto Pocar observed in relation to protecting children in sport: “At the end the problem is a cultural one, but the issue is to ensure forms of participation of children. That is the essential point in any sporting event. They have to participate in some way. This probably can be ensured only by listening to the children, having the children being heard in some way. So one thing is protecting children, but also having the children participate as subjects, that’s the great challenge.” The conference also considered some of the measures, such as Club Licensing, Financial Fair Play, and the Transfer Management System, that have been taken recently to improve financial governance in football. There was general agreement among speakers that the situation in most of Europe had improved compared with five years ago, but more could be done with regard to information about player transfers, and the issue of thirdparty ownership (TPO) of players remains contentious. Failure to pay players in some parts of Europe remains a serious issue, potentially leaving players more vulnerable to temptation from match-fixers. Umberto Gandini, Vice-Chairman, European Club Association Bobby Barnes, European President, FIFPro Umberto Gandini, First Vice-Chairman of the European Club Association pointed out that reforms over the past five years had increased the level of knowledge about football’s financial dealings, and that there are now better controls. Javier Tebas, from La Liga seconded this view, reporting that Spanish clubs had massively reduced their general level of debt over the past three years. Both speakers stressed the need to consider the situation of smaller clubs and leagues, since the existence of a few very successful leagues and clubs can distort the overall picture of financial health across the board. Bobby Barnes, from players’ union FIFPro drew attention to financial problems that persist, particularly in poorer national leagues. He noted that there are still Javier Tebas, President, La Liga quite clearly that third-party ownership is a real danger because it does create financial imbalances. How can you possibly manage and monitor financial fair play if you have players – assets – which stand outside the balance sheet? We use the term financial doping. I feel that you are creating a situation of financial dependency, where clubs will always be dependent on a third party who, at some stage, for whatever reason, might decide to actually realise their asset at a different time to when the club might wish to realise that asset.” However, Tebas put an opposing view that third-party ownership could work if properly regulated, and that it was an important instrument for smaller clubs in obtaining and retaining talent. He argued that “if TPO is banned entirely, the players and the clubs, especially the small and medium clubs, and small and medium-sized leagues, will be defenseless against the big leagues, such as the Premier League and the Spanish League, because small and medium-sized clubs won’t have the financial capacity to get and retain talent.” The full transcipts of all the debates, and detailed summaries of the discussions, can be found on the ICSS’s website – (www.theicss.org), but one quote from Lord Coe in relation to the IOC’s Agenda 2020 may provide some optimism about the future of sport: Coe observed that “if sport in the 20th Century was about connecting with the world, I think the big challenge in the 21st century is connecting with young people: I think sport is uniquely placed to do that.” Sport needs to engage more with communities, not just with youth “something like a 1,000-plus cases sitting at the Court of Arbitration for Sport on non-payment of salary, where players are seeking their basic right, which is actually to receive the salary that they work for.” He observed that this has particular relevance to match-fixing, as “one of the statistics that came back from our survey, when we looked at those who had been approached for match-fixing, 55 per cent of those players who had been approached were players who were not in receipt of their salaries.” The most contentious point discussed was the prohibition on third-party ownership of player’s economic rights. Barnes stated: “My view is Chris Aaron is Editor of ICSS Journal ICSS Journal – Vol 2 | No 4 35 Security and safety Security and safety Infectious disease and sporting events T he past decades have seen widespread concern about the potential for the crossborder spread of health risks, particularly infectious diseases. The increased attention to global health within the international community stems from two sources: higher disease prevalence, and concern about growing national vulnerability to health threats that originate externally. In the discussion paper Global Health Governance: A Conceptual Review, Richard Dodgson, Kelley Lee and Nick Drager pointed out that: “By definition, a global health issue is one where the actions of a party in one part of the world can have widespread consequences in other parts of the world.” Although a variety of health conditions and risks to health manifest themselves as transnational phenomena, infectious diseases generate the most concern. While infectious diseases are pervasive in human society, recent history shows that their social 36 ICSS Journal – Vol 2 | No 4 and political significance varies. The middle of the 20th century brought optimism that infectious diseases were waning. Better vaccines, including one for yellow fever, and decreasing incidence of typhus and relapsing fever after the First World War signalled that infectious diseases could be controlled. But in the past 40 years, the progress towards disease eradication has slowed, if not halted entirely. Denise Grady’s comment, cited in the Dodgson et al review, typified the altered situation: “Since the mid-1970s – a time when it was widely assumed that most infectious diseases had been conquered or at least controlled – a troubling array of previously unknown diseases has emerged, including Lyme disease, AIDS, mad cow disease, the Ebola virus, legionnaires’ disease and a host of others. In addition, old diseases like yellow fever, malaria and dengue fever have reappeared in their former haunts and spread to new areas. Some microbes, like the ones that cause tuberculosis, malaria and food poisoning, have become dangerously drug resistant.” Thierry Gouegnon/Reuters/Corbis Professors James L Skinner and Keith Gilbert look at how different types of infectious disease from HIV to SARS have affected sport, and how virulent diseases such as Ebola present particular issues for sporting events Football players stand near a poster outlining Ebola symptoms in Abidjan, Ivory Coast, September 2014. The virus has caused widespread disruption to sports in Africa ICSS Journal – Vol 2 | No 4 37 Security and safety CDC/Nahid Bhadelia, M.D./Science Photo Library Jeff Roberson/AP/PA Images Security and safety Medical personnel during training for Ebola prevention. The rapid spread of the virus in West Africa has impacted the organisation of international sporting events Former Olympic swimmer and gold medalist Greg Louganis was diagnosed as HIV positive six months before the 1988 Seoul Olympics. Louganis has subsequently raised awareness about HIV and AIDS One could still perhaps argue that the single most important health impact on sports has been HIV/AIDS. The epidemic has brought new attention to the discrepancies in healthcare availability, and challenges the international community to address inequalities. The long-term economic and social costs of HIV/AIDS have been seriously underestimated in many countries. Projections around 10 years ago suggested that some countries in sub-Saharan Africa would face economic collapse unless they brought their epidemics under control, mainly because HIV/AIDS weakens and kills adults in their prime, depriving communities of qualified professionals and skilled labour. The implications of this for the ongoing development of sport within Africa would continue to be realised at the grassroots and elite levels, particularly as generations of young men and women could be potentially affected by the disease. HIV/AIDS, SARS and avian flu The impact of HIV/AIDS on the sporting world was initially met with a mixed reaction. HIV/AIDS in its early beginnings was seen as a disease that was the result of one’s sexuality – specifically homosexuality – or the result of intravenous drug use. In many ways, the initial response of the sporting world to the possible consequences of an HIV/AIDS epidemic was a reflection of this homophobic mentality and, subsequently, the sexual habits of most athletes did not change. In their essay HIV, the Game 38 ICSS Journal – Vol 2 | No 4 Official, and Control and Prevention from the late 1990s, Corrie J Odom and Greg Strobel pointed out “that for many ethical and legal reasons, mandatory HIV testing of athletes or other game personnel does not exist in many sports”, although the majority of governing bodies, particularly in contact sports, have adopted policies for handling blood. As detailed in studies by Keith Gilbert and D L Keyser, the personal stories of athletes such as Magic Johnson, Greg Louganis, Arthur Ashe, Tommy Morrison and Tom Waddell – who were all diagnosed with the ‘human immunodeficiency virus’ (HIV), which progresses to acquired immunodeficiency syndrome (AIDS) – have raised greater awareness of the HIV/AIDS issue within sport. The first high-profile case was that of Arthur Ashe, who was the first African American to win Wimbledon in 1975. In 1983 Ashe received a blood transfusion during a heart surgery; however, it was tainted with HIV, unbeknown to Ashe, the hospital and the medical team. For much of the time he had the disease, Ashe did not formally announce his condition. In 1992 he made a public announcement about his condition and continued to fight the disease until his death in 1993. In 1991, Los Angeles Lakers star Earvin ‘Magic’ Johnson publicly acknowledged that he had tested positive for HIV. Johnson announced that he would be immediately retiring from basketball but would take on the role of educating young people on the need for safe sex practices (Johnson contracted the disease through an unprotected heterosexual encounter). However, HIV is not the only disease that has the potential to impact on global sport. Other diseases have become a major concern as a result of globalisation, in particular severe acute respiratory syndrome (SARS) and avian flu. A great deal of the criticism surrounding these diseases has centred on the possibility of governments trying to downplay the spread and consequences of the diseases. In 2003, the Irish Government banned athletes from China, Hong Kong, Taiwan, Singapore and the Philippines – areas badly affected by the SARS virus – from attending the Special Olympics being held in Ireland. There was a very real possibility that the SARS virus or similar strains could have spread and evolved into a major global health threat. SARS, thought to be caused by a type of coronavirus, which is only a single strand of RNA (ribonucleic acid), was of particular concern among the medical community because its structure makes it very easy to mutate. SARS severely taxed healthcare systems in affected countries; neighbouring countries curtailed flights in and out of affected locations and blocked the transfer of SARS patients for medical care. Avian flu, or bird flu, also emerged as another potential global health issue. The H5N1 strain of bird flu demonstrated its capacity to directly infect humans. The H5N1 strain was capable of infecting a broad range of hosts, which may help explain the media reports of infections and deaths in mammalian and avian species not normally considered susceptible to infection and severe disease. Countries were urged to maintain a high level of vigilance, and not relax their surveillance and detection efforts. In 2004, the World Health Organization (WHO) called on Asian nations experiencing widespread bird flu outbreaks to remain persistent in their intensive efforts to contain the virus. These forms of global health crisis represented a major threat to international sport. For example, the timing of these outbreaks could have meant that Beijing’s greatest threat may have been from disease and not terrorism. The potential economic cost to Beijing of losing the Olympic Games would have extended to other stakeholders. For example, in Sport and Corporate Nationalisms, Michael Silk, Trevor Slack and Fan Hong point to global sport organisations such as Nike and IMG, and large organisations such as News Corporation, which had substantial investments in the sport industry and at the time were “anxious to gain a foothold in what they see as potentially the world’s biggest market”. Potential vested interests of powerful organisations and groups needed to be considered against the potential for a global health crisis being downplayed. Indeed, the recent Ebola outbreak needs to be considered in this context. The following section aims to assist with a better understanding of the disease and its management in the contexts of global sport. The Ebola threat to global sports events There is no doubt that the Ebola virus disease (EVD) is a frightening and intimidating epidemic. However, it is not, as yet, a pandemic and is still classed as a large epidemic. It is transmitted in the human population through contact with sweat, blood, bodily secretions, infected organs or other bodily fluids. It can also be transmitted through sexual activity. Ebola has been quite well chronicled and was identified and named after the Ebola river in the Democratic Republic of Congo in Africa, where the virus ICSS Journal – Vol 2 | No 4 39 Security and safety Guinea Security and safety Case definition Cumulative Cases in cases past 21 days Cumulative deaths Confirmed 2,127 249 1,262 Probable 263 * 263 Suspected 26 * 0 Total 2,416 249 1,525 Sierra Leone Case definition Cumulative Cases in cases past 21 days Cumulative deaths Confirmed 6,702 1,261 1,876 Probable 79 * 174 Suspected 1,575 * 35 Total 8,356 1,261 2,085 took its first fatalities in 1976. According to the WHO and numerous newspaper sources, Ebola can have a mortality rate as high as a 90 per cent, and the current rates of mortality are upwards of 70 per cent. To date, there have been 18,603 reported cases of Ebola virus, with 6,915 reported deaths (WHO statistics, 17 December 2014). Although the current outbreak of the disease has been mostly confined to West Africa, there have been sizeable periodic occurrences of Ebola in the past in other parts of Africa, for example in Uganda, Democratic Republic of Congo and Sudan. The previous worst outbreak was in 2000 in Uganda, which saw 425 people infected with over half dying. Currently there is no identifiable cure although there are efforts being made to find a vaccine by global pharmaceutical companies. Sport managers know little of the Ebola threat and the consequences that might force them to abandon or delay sporting events that have a global context. In actuality, the precipitous materialisation and rapid spread of the Ebola virus throughout West Africa has already caused some confusion between differing states and international sports organisations. The Ebola threat has already had an impact on sport events and athletes competing. Athletes from some of the African countries affected by Ebola were banned from competing in the Nanjing Youth Olympic Games in China, causing the International Olympic Committee to issue a statement in August 2014 saying: “We have been reassured by health authorities that there have been no suspected cases and that the risk of infection is extremely unlikely.” However, the risk was deemed large enough to request that the Sierra Leone Olympic Committee did not send athletes to the Youth Olympics. Athletes from Nigeria were also banned from the Youth Olympics, but not before they had already been fully integrated into the Olympic village. Combat sports and swimming were the most affected by the ban, suggesting potential implications for the holding of future World Championships or similar events. Ebola also led to major consequences for football, in particular the African Cup of Nations, which was originally scheduled to take place in early 2015 in Morocco. After receiving advice from the WHO, Morocco asked the African Football Association (CAF) to postpone the event for six months for fear of supporters carrying the Ebola disease across borders. This postponement would have had a major impact on the income generated from broadcast and sponsorship revenues; as a result, the CAF decided to transfer the competition to Equatorial Guinea. Once the competition was transferred, Equatorial Guinea secured 50 doctors from Cuba and put in place ambulances and thermographic cameras to screen fans. Europe’s top clubs are still uneasy about sending their players to the competition. The German Bundesliga has voiced its concerns. It has supported clubs such as Borussia Mönchengladbach and Werder Bremen in their attempts to take precautions against Ebola by preventing players from travelling for the African Cup of Nations. Football has also been badly affected in Sierra Leone with many matches being cancelled and supporters excluded from some events. Liberia has also prohibited all football matches for fear of spreading the disease. Major sporting events such as the Olympic Games generate large revenue streams; these events are planned years in advance. However, diseases such as the Ebola virus have the potential to threaten the staging of an event at any time in the run-up to a Games. This creates a tension between protecting the health and well-being of the public and the athletes, and the loss of revenue from the cancellation or scaling back of the event. Costs associated with staging major sporting events may escalate further. Security costs have continued to increase since the first major terrorism attack at the Munich Summer Olympic Games in 1972, with the Montreal Games setting the trend for heightened security with $100 million spent to protect the athletes, rising to around $1.6 billion for London 2012. Future precautions, for example screening for diseases such as Ebola, may need to be factored into the cost structures in bid applications. With the incubation period for the Ebola virus being approximately 10 days, there is enough time for an The Ebola threat has already had an impact on sport events Liberia Case definition Cumulative Cases in cases past 21 days Cumulative deaths Confirmed 2,946 185 ‡ Probable 1,801 * ‡ Suspected 3,050 * ‡ Total 7,797 185 3,290 Ebola cases in Guinea, Liberia and Sierra Leone Data are based on official information reported by ministries of health, through WHO country offices. These numbers are subject to change due to ongoing reclassification, retrospective investigation and availability of laboratory results. *Not reported due to the high proportion of probable and suspected cases that are reclassified. ‡Data not available. Source: WHO website http://www.who.int/csr/disease/ebola/situation-reports/en/, data accessed on 18 December 2014 Total 40 ICSS Journal – Vol 2 | No 4 Cumulative cases 18,569 Cases in past 21 days 1,695 Cumulative deaths 6,900 infected athlete to escape detection and for a disease to spread within the athlete’s village. Therefore, the screening of incoming athletes and fans at airports prior to an event may need to become mandatory. Special medical units could be set up in the Olympic or Paralympic villages to monitor and deal with potential outbreaks, and mobile medical teams might be utilised in order to quickly prevent the spread of a disease. Organising committees would be required to have contingency plans in order to deal with highly contagious disease outbreaks. One of the keys to restricting the spread of disease is education. This applies at the general level, and more specifically in the context of sporting events. Sport managers need to ensure that adequate education programmes are offered and delivered to athletes and their support staff, and that venues have risk-assessment and response protocols in place. They should be aware that the increased nomadic movement of professional athletes as a consequence of globalisation requires health education programmes to become a mandatory component of an athlete’s induction. Professor James L Skinner is Director of the Institute for Sport Business, Loughborough University in London. Professor Keith Gilbert is Director of the School of Health, Sport and Bioscience, University of East London ICSS Journal – Vol 2 | No 4 41 Security and safety Security and safety Multiple battles are being fought on Turkey's football pitches S tadium ticketing has become the latest flashpoint in the Turkish Government’s efforts to control militant soccer fans that are opposed to President Recep Tayyip Erdoğan. The government’s attempts to identify militant fans by introducing an e-ticketing system, which requires supporters to submit personal data in return for a bank card that is then used to buy tickets, have resulted in a massive backlash, and plummeting attendance at the country’s once-vibrant soccer stadiums. The widespread boycott of the system coincided with court proceedings against 35 members of Carsi – the support group of one of Istanbul’s largest football teams, Beşiktaş JK, and one of Turkey’s most popular fan groups – on charges of belonging to an illegal organisation and seeking to topple the government. It also came as political and ideological disputes involving Islamists versus secularists and Kurdish nationalists spilled onto pitches in Turkey itself and Turkish Kurdish ones abroad. Murad Sezer/Reuters James M Dorsey describes the tensions building up in Turkish football, centring on the introduction of the controversial e-ticketing system, as well as the anger over corruption, and support for Kurds in Kobani Turkish football fans protesting in Istanbul in April against the new e-ticketing system, which has also resulted in dwindling stadium attendance 42 ICSS Journal – Vol 2 | No 4 ICSS Journal – Vol 2 | No 4 43 Security and safety Security and safety Turkey’s Minister of Youth and Sport Akif Çağatay Kılıç has argued that the only people opposed to the new Passolig system are those unable to obtain free tickets any more Finance Minister Mehmet Şimşek defended the e-ticket system, which applies to Turkey’s top leagues, Super League and PTT League One, at a recent gathering in Istanbul of the World Economic Forum. He said that it was a means of combating illegal ticket scalping and Turkish stadia have a long history of violence. A third of Carsi’s founders have died a violent death. After a Beşiktaş fan was trampled to death in 1991 by his Galatasaray SK adversaries, a truce was arranged at a gathering of heavily armed rival supporters that reduced, but did not end, the violence. Two Leeds United fans visiting Istanbul for their team’s match against Galatasaray were stabbed to death in 2000 during a soccerrelated riot on Taksim Square, while bullets fired into the air to celebrate the Turkish team’s victory killed a third person and wounded four others. Carsi members have often forced supporters of rival teams Galatasaray and Fenerbahçe SK, who frequent the popular downtown Istanbul destination of Beşiktaş in their clubs’ colours, to take off their jerseys whether it is winter or summer. Manchester United manager Sir Alex Ferguson recalled his team’s 1993 match in Istanbul against Galatasaray as involving “as much hostility and harassment as I have ever known on a football expedition”. Guinness World Records awarded the club the honour of producing the world’s loudest crowd roar at a sport stadium 18 years later. The violence has prompted the Turkish Football Federation to ban away fans from attending derby matches The high-stakes battle over e-ticketing goes to the heart of a struggle for Turkeys’s soul that erupted with the Gezi Park protests increasing tax revenues, which he said were up despite the boycott. Youth and Sport Minister Akif Çağatay Kılıç told parliament that only those who could not get free tickets opposed the system, which is dubbed Passolig in Turkish. Although the government designed the system three years ago, with legislation in parliament as part of an effort to reduce soccer-related violence, it has only introduced it in the past year. Implementation of the system was initially delayed when an Ankara court provisionally halted it, pending a decision on a complaint by the Supporter Rights Solidarity Center (Taraf-Der). The court ultimately ruled in favour of Passolig. 44 ICSS Journal – Vol 2 | No 4 Umit Bektas/Reuters Ahmet Dumanli/Anadolu Agency/Getty Images Fans from Fenerbahçe and Galatasaray clash with riot police after a Super League final between the big three Istanbul teams. It has also penalised teams for fan violence by forcing them to play to empty stadiums or by banning men, leaving tickets for womenand children-only audiences. Some fans, despite the boycott, empathise with the need to make stadia family friendly, even if they suspect that is not the government’s objective. Proponents of e-ticketing argue that the system collects no more information than is surrendered to credit and debit card providers. The high-stakes battle over e-ticketing goes to the heart of a struggle for Turkey’s soul that erupted with the mass anti-government Gezi Park protests in Istanbul in 2013. The protests were exacerbated by Erdoğan’s increasingly illiberal policies that sought to impose greater control on people’s lives, restricting personal and political freedom, and unfettered access to information. Fans, moreover, are irked by Erdoğan’s manipulation of due process in what was the most serious matchfixing scandal in the history of Turkish soccer. Further underlying the opposition to the e-ticket system is the fact that fans – who constitute the basis for a team’s sponsorship and advertisement revenues – are widely viewed as a disruptive factor. Not only are fans excluded from decision-making in clubs, but these associations are also curtailing participation with tough membership criteria, including high fees and the need for a guarantor. “The fans are always [said] to be the reason for violence and disorder in Turkish sport, but there has never been an attempt… to change this situation by making contact with supporters. There has always been a one-way approach in which more and more ICSS Journal – Vol 2 | No 4 45 punishments were legalised against the fans. Of course, the more repressed the fans are by the police forces and by the regulations, the more incidents happen,” said Emir Guney, Director of the Sports Studies Research Center at Istanbul’s Kadir Hass University at a conference of Football Research in an Enlarged Europe (FREE). “Instead of trying to sanction everybody for the violence a few of the fans cause, there can be a representation system for the fans to get involved more with their club’s administrative processes... If both sides take steps towards each other to solve the violence and disorder problems in and around the stadiums, then the hooligan minority would [be] exposed and diminish in numbers along the way,” Guney added. Ironically, supporters of Erdoğan’s ruling Justice and Development Party (AKP) have not been averse to the use of violence in countering the President’s opponents on the pitch. Turkish journalist Mehmet Baransu documented links between the AKP and 1453 Kartallari (1453 Eagles) – a rival conservative Beşiktaş support group named in commemoration of the year that Ottoman Sultan Fatih the Conqueror drove the Byzantines out of Constantinople – who reportedly invaded the pitch and attacked Carsi members earlier this year shouting ‘God is great’. Fans argue that the e-ticket system violates the privacy of not only adults, but also children and tourists. Their distrust is heightened by government efforts to portray protest as a precursor for terrorism and a threat to national security, and to criminalise militant soccer groups. Turkish prosecutors have demanded that the indicted members of Carsi, which played a key role in the Gezi Park protests, be sentenced to life in prison. Police responded to the protests with brutal force. Istanbul’s terrorism and organised crime unit prosecutor Adem Meral based his charges on tapped discussions on 16 June 2013 among the members about their motives and intentions in joining the protests, which were prompted by environmental concerns and opposition to plans to replace Gezi Park, on Istanbul’s iconic Taksim Square, with an Ottoman-style shopping mall. Meral charged that the initially peaceful protests only turned violent once Carsi and other fan groups joined the demonstrations. The prosecutor’s assertions contradict an assessment by Amnesty International, which said that the brutal suppression of the protests by police and the subsequent campaign against fans “involved a string of human rights violations on a huge scale. They include the wholesale denial of the right to peaceful assembly and violations of the rights to life, liberty and the freedom from torture and ill-treatment... The vast majority of police abuses already look likely to go unpunished, while many of those who organised and participated in the protests have been vilified, abused – and now face prosecution on unfair or inflated charges.” In his 38-page indictment, to which the author was granted access, Meral asserted that “it is understood that they were trying to overthrow the democratically elected 46 ICSS Journal – Vol 2 | No 4 Security and safety Ozan Kose/AFP/Getty Images Security and safety Besiktas fans hold a protest in December 2014 against the trial of 35 members of fan group Carsi who took part in the 2013 Gezi Park protests. The supporters have been accused of plotting to topple the government Turkish Government and to facilitate this objective, they were attempting to capture the prime ministry offices in Ankara and Istanbul”. He quoted one of the defendants as saying he was “not interested in the construction of the mall or the demolition of trees”, but wanted to “topple the government”. Another allegedly suggested that the protests could lead to civil war, adding that “we will today occupy the prime ministry’s residence”. Yet others were said to have advocated attacking the police to fuel public anger. To many fans, the crackdown on Carsi is no longer a Beşiktaş problem. To them, it is an issue for fans at large and part of a government effort to rein in civil society. “Carsi is standing up for everybody’s rights, not just theirs. They have a record of supporting good causes, including animal rights and opposition to nuclear power. They also reject commercialisation. Turkey needs independent minds like that,” said a supporter of a Beşiktaş rival. The fan boycott of the e-ticketing system was initially boosted by the refusal of various clubs to implement it. However, executives at Fenerbahçe SK, Turkey’s foremost club, agreed to implement the system recently after having first said they would roll out their own e-ticket system, which would have legally freed them from the obligation to provide the government with fans’ personal data. Plummeting stadium attendance has nonetheless severely affected ticket sales. A match in October in Istanbul’s 82,000-seat Atatürk Olympic Stadium between Beşiktaş and Eskişehirspor Kulübü that would normally have been attended by some 20,000 spectators drew only 3,000 fans. Ticket sales for one of Galatasaray’s matches was down by two-thirds compared with the previous home game, with fans gathering in cafés and homes to watch matches they would have attended in the past. The boycott prompted the government to suspend the e-ticketing system for a friendly in November between Turkey and Brazil. As a result, sales spiked, with more than 40,000 tickets sold for the match shortly after the suspension. The indictment, citing Turkish anti-terrorism laws, portrayed Carsi as a group that traces its roots to the far left and positions itself as anarchist, as evidenced in its motto, ‘Carsi, her şeye karşı!’ (Carsi is against everything!). Charging that Carsi was an armed group, the indictment accused Erol Ozdil, described as one of the group’s leaders, with distributing torches and explosives to his colleagues. It said that police had found smoke grenades and gas masks in Ozdil’s house. The Istanbul Bar Association denounced the charges as belonging to the fantasy world of prosecutors in a statement. “What they are trying to do here is to dilute [sic] the concept of a coup in order to spark fear in people, ICSS Journal – Vol 2 | No 4 47 Security and safety Security and safety justify police violence that may occur in the future, and intimidate a nation. The law cannot be manipulated for such purposes. Prosecutors’ right to open a case must be restricted by logic and rules of law,” the statement said. The charging of the fans comes during several ongoing court proceedings against other protesters in which prosecutors are also seeking harsh sentences. The cases are being prosecuted by a judiciary that, like the police force in the past year, has reportedly been cleansed of alleged supporters of Fethullah Gülen, a self-exiled 73-year old preacher, the head of a large Islamist movement and one-time Erdoğan ally, whom the President accuses of seeking to create a “parallel state” in Turkey. Differences between Islamists and secularists are never far from the pitch. İlhan Cavcav, the moustachioed Chairman of Ankara’s Gençlerbirliği SK, said that he would fine players 25,000 Turkish lira ($9,000) for sporting beards that made the team look like a madrasah. “I’m 80 and I shave every day. Is this an imam school? You are a sportsman. You should be a model for the youth,” Cavcav told the Dogan news agency. Cavcav not only singled out his own players, but also accused Beşiktaş coach Slaven Bilic, the club’s midfielder Olcay Şahan, Galatasaray midfielder Selçuk İnan, and Fenerbahçe and national team goalkeeper Volkan Demirel of being bad influences. assembly’s planning and budget commission not to get involved in the debate about beards. Perhaps more threatening than Erdoğan’s efforts to micromanage the lives of Turks is the fact that domestic tensions sparked by brutal war in neighbouring Syria have also spilt onto the football pitch. Turhan Özyazanlar, the coach of Istanbul’s third-division Sarıyer team, was beaten by fans after a Turkish Kurdish member of his team, Erdal Elgörmüş, protested on social media about the siege of the Syrian border town of Kobani by fighters of Islamic State – the jihadist group that controls a swath of Syria and Iraq. Deniz Naki, a Kurd with dual German-Turkish nationality, left his club Gençlerbirliği, and Turkey after he was attacked physically and online for his support of Kurdish fighters in Kobani. Tensions over Kobani reverberated on Turkish pitches as they did on Turkish-Kurdish ones elsewhere. Ramazan Kızıl, Head of Dalkurd FF, one of Sweden and Europe’s most successful immigrant soccer teams, provoked anger among nationalist Turks and the Swedish Football Federation (SFF) by raising €3,000 during a match for Kobani. Kızıl described the support for Kobani as “human solidarity” in an interview with Rudaw, a Kurdish media network. In response to SFF’s assertion that their support was “political”, Kızıl stated: “We do not care about their warnings or any eventual penalties.” Adil Kızıl, Kızıl’s son and Dalkurd’s sports manager, added: “We can’t just sit and watch while Kobani gets massacred. We must do something.” The siege has pitted Turkish nationalists against Kurdish and pro-Kurdish groups, resulting in widespread protests in Turkey in which 37 people have died and hundreds have been wounded. Turkey has been reluctant to throw its weight behind the anti-jihadist Kurdish fighters, fearing both the rise of a second Kurdish entity alongside northern Iraq on its borders and an increased nationalist sentiment among its own Kurds, who account for an estimated 20 per cent of the population. Some 200,000 people have fled Kobani to Turkey in recent months. Opponents of the e-ticket system have wind in their sails with Kobani fuelling emotions; government efforts to control the pitch escalating with the politically loaded charges against Carsi; growing discontent among fans, who feel increasingly disenfranchised and convinced that Turkish football suffers from mismanagement and political manipulation; and the pitch re-emerging as a battlefield between Islamists and secularists. “Passolig represents the sum total of Turkish football’s problems,” said a leader of a Turkish fan group. “That is where we can make our stand.” Fenerbahçe goalkeeper Volkan Demirel (left) leaves the pitch after being abused by Galatasaray fans at their home ground, the Turk Telekom Arena 48 ICSS Journal – Vol 2 | No 4 Berk Ozkan/Anadolu Agency/Getty Images Differences between Islamists and secularists are never far from the pitch Demirel walked off the pitch in November during a warm-up for a Euro 2016 qualifier against Kazakhstan after being showered with abuse by fans. The match was being played in the Turk Telekom Arena, the stadium of Galatasary, whose supporters particularly dislike Demirel. “Neither my wife nor my children, my family can escape these curses and insults. I’m not in the mood to play in front of those who swear at me so badly. I’d do more harm than good,” Turkish media quoted Demirel as telling national team coach Fatih Terim. Earlier, Galatasary player Berk Yıldız rejected a demand by Erdoğan during a visit to the national team that he remove his tattoos. “What are these tattoos? Why do you harm your body like that? Don’t be fooled by foreigners. God forbid, it could even give you skin cancer in the future,” Erdoğan admonished the player, according to witnesses. On Twitter, Yıldız denied press reports that he had acquiesced to Erdoğan’s request. Saying that his tattoos represented his family, Yıldız tweeted: “Please don’t take every article in the media seriously. I neither considered nor told that I would remove my tattoos. Each of them has a special meaning to me.” Drawing an implicit distinction between tattoos and beards, Youth and Sports Minister Kılıç denounced Cavcav’s penalties, insisting in parliament that a player’s appearance was an individual choice. He cautioned the James M Dorsey is a Senior Fellow at the S Rajaratnam School of International Studies, Co-Director of the University of Wuerzburg’s Institute for Fan Culture, and the author of The Turbulent World of Middle East Soccer blog and a forthcoming book with the same title ICSS Journal – Vol 2 | No 4 49 Integrity Integrity Information-sharing in sport: legislative issues As part of its report on combating match-fixing in sport, the Sorbonne-ICSS Research Programme on Ethics and Sports Integrity examined the issues around transnational information-sharing. Laurent Vidal discusses the key principles to be considered in creating an international legal framework C ooperation between states and international sports organisations, particularly in the form of exchange of information, is one of the defining vectors underlying the international instruments relating to combating the manipulation of sports competitions. It is therefore necessary to examine the forms that the exchange of information can take and the guarantees necessary to reduce the risk of inefficiency on one side or the other due to deviations, false cooperative strategies, or strong legal resistance. This examination can be conducted from two perspectives. First, by considering sports institutions as repressive authorities; second, depending on their social purpose, the overall organisation of the practice of a sports discipline. Exchange of information between repressive authorities The exchange of information can first be seen as involving two repressive powers of different kinds: a national power of criminal repression (such as a national police force) and a transnational disciplinary repressive power of sports institutions (such as the ethics committee of a sports association). In this approach, the autonomy claimed by sports institutions is accepted, but it does not imply the equivalence of repressive powers. A specific legal framework that takes into account the private origin of the sports institutions’ power of disciplinary repression should therefore be considered. It can be based, albeit with adaptation and undeniable difficulties, on the mechanisms for exchange of 50 ICSS Journal – Vol 2 | No 4 information between national public authorities. It is also important to study the communication of information from sports institutions to criminal authorities, and the communication of information from criminal authorities to sports institutions. From sports institutions to criminal authorities In the national legal order, sports organisations inform the criminal authorities and provide them with all the data in their possession that may be useful to the criminal authorities’ investigation. This communication should be spontaneous, and sports organisations should not be limited to responding to specific requests that could be addressed to them. However, it might be useful to organise the sharing of information in this direction and to specify the obligations of sports organisations, given their repressive functions. In the case of international sports institutions, the spontaneous cooperation and the compulsory cooperation between national judicial authorities and sports institutions are somewhat more complicated to establish into law than in the case of sports institutions of the forum state. The state under whose laws these international institutions are constituted can certainly compel them to cooperate with its own bodies, but these bodies may not be competent to try all persons suspected of being involved in the manipulation of sports competitions. The challenge is to organise the systematic cooperation of international sports institutions with all the national judicial authorities that may be competent to judge the acts constituting a manipulation of sports ICSS Journal – Vol 2 | No 4 51 Integrity competitions. This applies similarly to the cooperation of national sports institutions with foreign judicial authorities. With some exceptions, the difficulty does not actually reside in the predispositions of international sports institutions to cooperate. The persons targeted by criminal investigations would clearly prefer that their federations retain some information, such as some personal data or bet monitoring reports. However, protecting the interests of some members of a federation cannot justify that the latter do not fully inform the authorities investigating corruption. Sports federations that adopt any other course of action are exposed to public criticism that could be damaging. It can be assumed that they understand this. The difficulty lies rather in the legal possibility for them to cooperate spontaneously or upon request with foreign judicial authorities. The spontaneous sharing of information, some of which is personal, may be confronted with form requirements, fall altogether under the scope of national law, or face a court injunction. Moreover, foreign judicial authorities may not, in principle, without breaching the sovereignty of the state of the seat of the sports institution, issue them a direct requisition. Integrity by the law of the forum state, and the prohibition of collecting and conveying the same information to a foreign authority, imposed by the law of the state of establishment (absolute prohibition or ban correlated to the inadequate guarantees offered by the foreign judicial authority). If a specific framework is defined, they could instead – at least in theory – be subject to an injunction not to provide information to foreign judicial authorities, issued by the courts of the state under whose law they are constituted. 52 ICSS Journal – Vol 2 | No 4 ■■ ■■ From criminal authorities to sports institutions The flow of information from criminal authorities to sports organisations obviously causes more delicate problems that are related to the practices of transfer of information. Sports institutions seem to be dependent on information provided by national judicial authorities. There are cases where disciplinary breaches are not covered by criminal law; therefore, sports organisations have no need, a priori, for judicial authorities, which are not interested in these cases anyway. In other cases, disciplinary violations may be linked to a large-scale criminal enterprise in which the justice system may be involved, but no link has yet been established with certainty (this link is still only presumed). In this case, nothing prevents the disciplinary authorities from acting on the basis of the information they gathered independently of any possible criminal offence, since the gravity of the offence and of the sanction does not depend on this potential criminal context (unless the existence of other cases of manipulation by the same person was established during the disciplinary investigation, which could support the thesis of a network and also lead the sports organisation to collect evidence that might be useful to judicial authorities). Finally, there are cases where it is clear that an established case of manipulation is part of a large-scale criminal enterprise brought before the criminal justice system. In these cases, the complementarity of the procedures and the usefulness of the evidence collected from both sides of the judicial and disciplinary authorities are evident. Sports institutions depend on information provided by national judicial authorities The problem can therefore be stated in simple terms: when the exchange of information between national judicial authorities and international (or foreign) sports institutions is transnational in nature, must it inevitably be relayed through the mechanisms of international mutual assistance in criminal matters, or can it be governed by specific rules? In the first scenario, the international sports institution concerned could, or should, only communicate information to the judicial authorities of the state in which it is established, or of the state in which it organises a sports competition and thus under the jurisdiction of which it falls during the time of the competition. In other cases, such information could only be provided to the authorities of a third state by the ordinary means of international mutual legal assistance, without infringing the sovereignty of the state where the sports institution is established. In the second scenario, a specific international legal framework could be defined to provide the judicial authorities of a state with means of coercion against sports institutions that may be exceptionally recalcitrant, and so that the obligation of international sports institutions to cooperate with foreign judicial authorities is articulated with the national legal framework under which these institutions operate. Failing this, they may, for example, find themselves in a conflict situation between the obligation to collect and transmit certain information at the request of a foreign judicial authority, imposed ■■ Formal and informal bases of communication: risks and advantages In principle, except for a contrary legal rule, criminal authorities may not transfer to third parties, such as private associations, information and documents from criminal files. Some states have established a legal framework that allows such transfers to sports organisations, even though they are private entities, and this presents certain advantages as well as risks. The advantages can be summarised as follows: ■■ It is undoubtedly in the public interest to allow the sanctioning of athletes, coaches, referees and corrupt officials on the disciplinary level as well as on the criminal level (image of sport, positive role of sport in society, and so on). ■■ ■■ In order to sanction corrupt stakeholders, sports organisations must be able to obtain the necessary information. In many cases of manipulation of competitions, the critical evidence results from criminal investigations and is obtained by means that sports organisations do not have (wiretapping, bank statements, data on sports bets, and so on). In most cases, sports organisations thus depend on the information held by criminal authorities in order to pursue disciplinary action against the perpetrators of reprehensible acts. In general, sports organisations cannot and should not wait until the end of the criminal proceedings, which usually take several years until a final and enforceable judgement is issued, to punish the perpetrators on the disciplinary level. If an athlete or club president seriously suspected of fraud continues to participate in competitions or to manage his club, this seriously harms the image of sport, the integrity of competitions, and an effective prevention. The standard of proof, different in disciplinary proceedings (comfortable satisfaction or preponderance of evidence) and in criminal proceedings (beyond reasonable doubt) results in the fact that sports organisations do not necessarily have to wait until the criminal investigation is complete in order to impose sanctions. However, a disciplinary award based on fragile evidence poses risks to the federation itself. From the foregoing, it may be concluded that sports organisations should be able to receive information taken from criminal files before the information is available to the general public, and thus before the acts are mentioned in public. However, irrespective of the legal rules, this communication of information carries certain risks: ■■ It can jeopardise investigations, to the extent that the sports leaders who receive this information may be tempted to notify the individuals concerned, who are often known to them, or may – through ignorance or thoughtlessness – not take the necessary measures to ensure confidentiality (risk of collusion). ■■ It may reveal to sports leaders and then to other people in the sports world information they do not need to know, either because such information is private or covered by the confidentiality linked to the persons affected by the criminal investigation (for example, a relationship between an athlete and the wife of a teammate, drug addiction, evening outings during competitions, and psychiatric problems), or because they involve people who are not members of the relevant sports federation (for example, criminal history of a third party involved and other offences unrelated to the manipulation of competitions). ■■ It may result in the premature revelation of the information to the public domain, because of sports leaders who are talkative, unscrupulous or clumsy, or who wish to gain the approval of the media and the public regarding, for example, precautionary and provisional measures taken on the disciplinary level. The sensitivity to maintaining secrecy is not the same for sports leaders and criminal authorities (although judges and police officers often provide confidential information to journalists, when they think it will increase their notoriety, preserve their good relations with the media, prevent a higher authority from restricting the spectrum of their investigation, and so on). It may force sports leaders to initiate disciplinary proceedings that they may deem inappropriate or unnecessary, or to rush hasty disciplinary measures, for fear of the reaction of the public and the sponsors in case of inaction. If the principle that sports organisations should be able to receive information from criminal authorities is established, measures must be taken before the end of the criminal investigations to avoid, or at least mitigate, the risks and disadvantages mentioned above. The difficulties of exchange National legislation can rather easily manage the possibility that national judicial authorities provide information to national sports institutions by reserving the discretionary power of the former and imposing stringent conditions on the latter. But the transmission of information from national criminal authorities to international or foreign national sports institutions under the jurisdiction of a foreign state certainly cannot be settled exclusively by law. The law, which presents a mainly territorial application, cannot by itself impose certain rules for usage or confidentiality on the recipient of the information transmitted: it could eventually allow the transmission of information but would be unable to create effective guarantees around this process. In fact, although it is possible – at least in some states – to consider cooperation between administrative police authorities (betting regulators, for example), national intelligence agencies, agencies for monitoring bets, sports competition organisers, etc on the basis of an informal multiparty agreement that the law does not necessarily relay, and that allows the collection and immediate sharing of information prior to any criminal proceedings, it is hardly conceivable that the transmission of information from national judicial authorities to international sports institutions can take place outside any formal conventional ICSS Journal – Vol 2 | No 4 53 Integrity framework while criminal proceedings are in progress. In addition, the adoption of a law will undoubtedly be generally regarded as essential to empower the national judicial authority to transmit information in its possession. If it is accepted that national law would not be a sufficient instrument and that the ordinary mechanisms for international legal assistance would not be relevant, it is appropriate to consider a formal conventional framework, which should probably take the form of a group of instruments, because the following elements are required: ■■ a formal commitment taken by international sports institutions regarding the conditions for use, storage, processing, and communication of data; and ■■ an intergovernmental agreement that guarantees these commitments, specifies the division of competences between states (in particular for the repression of breaches by international sports institutions of their commitments), details the guarantees necessary for the transmission of information, and consolidates the essential safeguard clauses. Two approaches could be taken to creating this framework, which are outlined below. The simultaneous adoption of two ‘international’ instruments of different types The commitment of international or national sports institutions could take the form of an individual or collective promise; a joint statement; a code of conduct they would sign; or a bilateral agreement between themselves and each of the states concerned by this type of cooperation. The form of the code, in the development of which the states should be involved, may be preferable for its systematic character and function of harmonisation. However, it is doubtful that one or the other of these forms would be considered by states as offering material guarantees and the degree of certainty sufficient to enable the immediate transfer of information from national judicial authorities to international sports institutions. Any such commitment by international sports institutions should therefore be complemented. This could be achieved, first, by a bilateral agreement between the state and the sports institution. This solution would bring two difficulties. First, each international sports institution would need to negotiate agreements with several dozen countries. Second, these international agreements would not be governed by the Vienna Convention on the Law of Treaties, whereas this type of agreement 54 ICSS Journal – Vol 2 | No 4 Integrity is probably required in many states in order to organise repressive cooperation (cooperation between disciplinary and criminal authorities with the involvement of private persons who are not all or not always regarded as fulfilling an international public service mission in the legal and formal sense). Alternatively, the commitment by international sports institutions could be complemented by the multilateral interstate agreement mentioned above, which would only be truly effective if it was ratified by the states under the law of which international sports institutions are constituted. The two instruments mentioned above could be ‘topped’ by a joint declaration signed by states and international sports institutions, expressing their willingness to cooperate and stating the principles that should be reflected in the instruments that have a properly binding legal effect. Intergovernmental agreement An intergovernmental agreement could also be adopted, on the basis of which national legislations could authorise the conclusion of bilateral agreements on the exchange of information with one or several international sports institutions. The advantage of this approach is its flexibility: a state might only enter into bilateral agreements with the institutions it deems capable of benefiting from the transfer of information. It could denounce an agreement with one of them without upsetting the balance of the entire system, or submitting such a decision to the judgment of other state parties to the international agreement. Some states may wish to consider that such an approach is more advantageous in the context of uncertainty about the applicable criteria of good governance, and the ability of all international sports institutions to meet them. These arrangements are complex. It would be wise for these instruments to be able to deal with the exchange of information between national legal authorities and international sports institutions in both directions. If these arrangements were to appear too complex to the states, they would have to consider other options, such as: the absence of information exchange and the strict separation of procedures and investigations; the development of exchanges of information on a possibly informal ad hoc basis; and the use of ordinary mechanisms of international mutual legal assistance where possible. The sharing of information between criminal authorities and sports institutions, whether domestic or international, is delicate. Many pitfalls must be avoided, especially when the information goes from one state jurisdiction to another: a. The presence of safeguard clauses should not be interpreted as removing the need to define the information that must normally be transmitted (‘strictly necessary information’ or ‘likely relevant information’, for example, since criminal authorities and international sports institutions are not necessarily subject to the same standard). b. The establishment of a mechanism for sharing information between criminal authorities and international sports institutions should not be used to circumvent or bypass the international mechanisms for mutual assistance in criminal matters. The rules on the disclosure of the information, its transmission to third parties, or its use for limited purposes should thus be precisely defined. c. The communication of information held by international sports institutions to national judicial authorities, and eventually collected by international sports institutions at their request, is likely to encounter difficulties: on the one hand, the application of the rules on the collection, retention, automated processing, disclosure, and coordination of personal data to the state under whose jurisdiction the international sports institution is constituted and has its seat; on the other hand, a conflict between these national rules and the rules applicable in the state whose judicial authorities request information. For example, the insufficiency of the guarantees offered by that state regarding the processing and retention of data, due process, proportionality of sanctions, or non-imposition of severe or disproportionate sanctions may prevent the transmission of data by the international sports institution possessing relevant information. The assessment of the advisability of the exchange of information between national legal authorities and international sports institutions should be guided by a comparative and thorough study of the conduct and outcomes of cases of manipulation of sports competitions or doping with and without information-sharing. The study should be extended to include the exchange of information between sports institutions and international organisations (for example Europol) whose framework is likely to change. The establishment of joint units during major sporting events such as the Olympics is of particular importance: it is instructive on the pitfalls and best practices of information-sharing. It also contributes to building trust between national institutions and sports institutions, which could, if necessary, facilitate the identification of mechanisms of exchange of information between national judicial authorities and international sports institutions. Therefore, the Joint Assessment Unit tested during the Olympic Games in London between the British authorities and the International Olympic Committee should be analysed in depth. However, it is important to recall that some of the problems mentioned above are solved, since the competition and the gathering of a large part of information take place on the territory of the state that is the origin or the recipient thereof. The relations between that state and the organiser of the sporting event are regulated by national law, subject to the exceptions that may be established pursuant to the agreements concluded for the purpose of organising the competitions. The state thus controls the overall legal framework for these exchanges. The establishment of the rules necessary for the exchange of information should be made while taking into consideration: ■■ an inventory of rules applicable to the exchange of information between foreign authorities in other areas; and ■■ a rigorous identification of rules for the collection, retention and (particularly transnational) transfer of personal data, and all other standards of protection of human rights that may be applied to such operations. These standards are in evolution, particularly in the European context. Concluding remarks: issues of good governance The discussions initiated deserve to be extended through a study or a consolidation of the rules of good governance with which sports institutions should comply in order to enter into a mechanism for the exchange of information with national judicial authorities, and mechanisms for the evaluation of their compliance and of sanction of their possible breaches. Presumably national judicial authorities would not be willing to transfer information to sports institutions that do not offer sufficient guarantees in terms of governance. One solution could be to establish a certification system for sports institutions based on criteria of good governance. However, this solution could face several problems: the principles of good governance are not universally recognised, and those that usually apply to commercial enterprises, for example, do not necessarily apply to sport organisations; if certification is given to a private organisation, the latter would decide, in reality, the relationship between the judicial authorities and a federation, but the principle of the autonomy of the sporting movement might seem to be opposed to entrusting it to a public body; and the issue of cost (and its imputation) of such certification would also inevitably arise. Laurent Vidal is Chairman of the Sorbonne-ICSS Research Programme on Ethics and Sports Integrity, Research Professor at Université Paris 1 Panthéon-Sorbonne and Co-director of the Department of Business Public Law of the Legal Research Institute of the Sorbonne-André Tunc ICSS Journal – Vol 2 | No 4 55 Integrity Integrity An education in integrity T he International Centre for Sport Security (ICSS) regularly promotes the importance of integrity education to stakeholders in sport. Despite a growing recognition of the need for more integrity education across sport in general, the level of implementation that we see across the board varies wildly. For example, while a youth academy at a football club may see a need for match-fixing education, the corporate side of the business may not perceive its value in the same way, and may even express concern that negative connotations might arise should the presence of match-fixing experts on a club site be reported in the press. In fact, the commercial side of a sports organisation should encourage proactive integrity education as an important measure in protecting their organisation’s image and reputation, something which is important to their corporate partners. Clearly, there is still a lot of work to do in changing attitudes in this area. Integrity education should not be conducted for the purpose of appearing credible, or simply as a PR exercise, but should be introduced with a view to embedding it as part of an overall strategy to protect a sport’s basic interests, particularly the integrity Integrity education should not be conducted simply as a PR exercise of competition, which will allow it to remain a sustainable sport. The ICSS sees integrity education as a key part of professional development, welfare and governance for all those involved in sport – not just for athletes, but also for staff, officials, administrators, sponsors and even parents. Some sports, and organisations overseeing sports that have known corruption problems, do not always properly grasp the concept of education as a preventative tool. The ICSS would like to see integrity education as mandatory for all participants and connected personnel, and for it to be used as a tool to develop, enhance, and protect individuals at both the professional and grassroots levels. In comparison, the financial market and other industries, following numerous crises, anti-trust and bribery scandals, now see anti-corruption education 56 ICSS Journal – Vol 2 | No 4 and training, supported by legislation, as a key component of their employees’ development. This is not just for the welfare of the employee, but also that of the organisation. These organisations frequently engage external subject matter experts to ensure education and training provided is fully competent, and that education sessions are provided on a periodic basis in a variety of formats. Anti-corruption strategies in sport need to consider the risks and threats faced by athletes, but also the threats to the administration and business of the sport itself, as mismanagement in these areas can have their own impact on the integrity of athletes. There is no use educating athletes but then neglecting anti-corruption training of the majority of the people they come into contact with on a daily basis, and who oversee the operation of the sport. A layered approach There are no shortcuts to protecting the integrity of sport and organisations should be wary of strategies that deploy a silver bullet approach by relying on one tool; for example monitoring or reactive investigation. A layered integrity strategy with education and prevention as the basis provides a stronger foundation for success. Integrity in sport needs to function with clear principles and only through education and training can individuals across all levels of the industry understand the environment in which they operate. Match-fixing, while now a more widely recognised issue, still needs to be better understood by more people working within sport. Benchmarking integrity in the early stages of an athlete’s career and reinforcing it later as part of professional development can only serve to enhance the strength of the sport ecosystem. This is a core part of the ICSS’s overall strategy and is the reason why it focuses so much on youth education and training with leading football clubs, leagues and other sports, such as World Snooker. So what is the ICSS approach to integrity education and training? Of course it is vital that all relevant stakeholders are made fully aware of iStock Images Jake Marsh outlines the ICSS’s approach to integrity-oriented education and training programmes for sports clubs and organisations anti-corruption rules, including any responsibilities to report improper approaches. However, these are probably the most basic and straightforward elements of integrity education. It is not just about knowing the rules, but being aware of the tactics used by criminals or opportunists (who are often acquaintances) that are seeking to exploit and manipulate individuals or even entire organisations. The ICSS takes the view that athletes are deliberately targeted for manipulation and therefore they need to be aware of the strategies deployed against them. Many sports now offer e-learning integrity systems for their players and while this is a useful tool, the ICSS believes it cannot replace regular face-to-face interaction with athletes which can be much more effective in delivering key anti-corruption messages and also provides the opportunity to develop understanding further. Emphasis must also be placed on social education that can supplement integrity programmes, such as social media training, financial management, and drug and alcohol awareness. This reinforces the strategy of a layered approach to education, combining key issues that often contribute to the vulnerability of an individual in relation to them being targeted for manipulation. Nigel Mawer, Vice Chairman of the World Professional Billiards and Snooker Association Limited, an Integrity Partner of the ICSS, believes that education is a critical tool in the anti-corruption strategy of professional snooker, but it is one element of an effective integrity programme: “Education needs to be supplemented with complementary integrity systems, including effective monitoring, intelligence and investigation capabilities along with tangible law enforcement and legislative engagement. Having said this, education is always the starting point. If all those involved do not understand the rules and standards they must abide by then we have already lost.” The ICSS strongly urges all responsible sports organisations to implement compulsory integrity and social education programmes for all staff, whether it is a league, club, national or international governing body, and not only for its athletes. This approach must be seen as the new norm in sport and one that is backed by governments, as well as regional state structures. While sport is of course for enjoyment, it is also a business and a job that must be approached in a professional and responsible fashion. Education for all involved can only serve to protect that enjoyment for everyone. Jake Marsh is the Head of Training and Youth Protection for the International Centre for Sport Security ICSS Journal – Vol 2 | No 4 57 Integrity Integrity Ethics from the top Lord Sebastian Coe spoke at Securing Sport 2014, addressing issues ranging from bidding processes to community engagement. This edited extract highlights the importance of embedding the responsibility for integrity in sports governing bodies At the Securing Sport 2014 conference, Lord Sebastian Coe discussed the challenges of the Olympic bidding process, highlighting his own experiences 58 ICSS Journal – Vol 2 | No 4 The ICSS I t’s only relatively recently that the world of sport has confronted the concept that fair play is not a concept uniquely or solely rooted in the field of play, that you want whatever federation it is, whatever sporting organisation, to be involved [in defending sporting integrity]. All the corporate governance in the world is not going to save you from excesses unless you also have, critically, the culture of integrity and doing things the right way from the very top of the organisation. I remember the challenges that the International Olympic Committee [IOC] had back in 1999-2000. I sat on the Commission 2000 that Jacques Rogge set up shortly after he became President of the IOC [and which] had to look root and branch at the reform of the movement – everything from terms of tenure, the age of retirement, through to the way bidding cities operated [and] the inception of an ethics committee. So, every organisation is confronted from time to time by these challenges. I guess it’s the way you respond to them [that counts], and I tend to think that organisations that navigate their way through them don’t just do it because you’ve got good, tough corporate governance in place. You do it because there is a vision that collectively binds everybody together. If you’ve got a compelling vision, that’s probably your best route map through crisis management. When I was asked if I would chair the FIFA Ethics Committee, it was the first time that they had had an ethics committee. I think things were sort of audited and monitored by outside organisations from time to time, and there were some changes that I made straight away. Actually, it didn’t start off as an independent ethics committee. It didn’t have its own legal team, it was sharing in-house resources, and we had to establish that a sanction could not be challenged by the executive committee, that that sanction had to stand. So there were a number of things, but I was actually there a relatively short time, because England then threw their hat into the ring for the 2018 round of bids, and I clearly would have been horribly compromised given that I was loosely advising and supporting the England bid. I think you should understand the history of [the FIFA 2018 bidding round]. This was the first time that cities were given the opportunity to bid regardless of which continent they came from. In the past, it was very simple: if it was South America’s turn, a group would get together and decide on Rio or Mexico, and if it was Europe, it was Germany; so, in a way, it was a sort of simpler proposition. I always sensed that if you wanted to open this to a beauty contest among five or six big countries that have a thirst for football, you would need some corporate governance in place, and I guess if I look back at the point that I left that role, we hadn’t had enough time to put [that] in place. I think that possibly that is where this process slightly unravelled. The London [Olympics] process for me was a very good example. You know, by and large, the bids that prevail are the bids that work harder than the next bid, that create a more compelling narrative. When I was asleep, 50 per cent of my team was still working. It was Herculean, unremitting hard work, and the ability to communicate regularly with straight messages was the essence. You want to be able to showcase all that is good about your country, your bid, your process. But actually having sat on Commission 2000 and made it very, very tough for bidding cities, I sort of accepted, through gritted teeth, that when I was sitting on the other side of the fence [I] realised actually how hard it was to communicate. There is a balance here, because for a bid to win and gain acceptance and admiration, you need personal relationships, and suddenly it was extremely difficult in that round to be told that you can’t just simply go and sit down with an IOC member and explain what London’s transportation policy was going to be, or its security policy, so we have to be careful. There is again proportionality. We have to be careful you don’t take the human dimension from all this and just do it by a technical bid. That’s all very well, but an organising committee needs to present itself not just as a bid committee. People that are making the judgement have got to feel comfortable that they can work alongside an organising committee for seven years. These relationships are going to be, from time to time, stress-tested almost to the point of being picked apart. You need to know, as an executive committee member of a sport or a large body, that you are comfortable that the team that is out there bidding will also make an extremely good delivery team because, believe me, the easy bit is bidding. In hindsight, the ICSS Journal – Vol 2 | No 4 59 Integrity Integrity Russia spent $51 billion on the 2014 Winter Olympics, which were held in Sochi. The majority of this contributed to long-term infrastructure projects The ICSS Vianney Thibaut/Agence Zoom/Getty Images of sport. There are important agencies out there, and clearly some that are doing an extremely good job. But it’s very easy for international federations to feel that it’s somebody else’s concern and... farm the problem out, and think that they’ll deal with it if we hit difficulties. I don’t want that to ever be an inhibitor on good corporate governance in individual sports, because that is the way you challenge these issues; you have it from the very highest level right the way through the organisation. On host cities hardest bit is the operational integration and the assembly, in London terms, of an organising committee of eight and a half thousand people. Then you’ve got 200,000 people more broadly through London that are supporting in any number of ways, from emergency services through to borough cleaning capacity – 70,000 volunteers that we had to filter down from 350,000, [and] 100,000 contractors. So it’s a Herculean piece of HR, and putting that team together is really important. With a few months to go before an organisation makes a judgement about the city that they’re going to award an event to, whether they know it or not, that executive committee is often looking at that group, not as a bidding team, but thinking: can I work with these guys for seven years? So human interaction here is really important. We mustn’t throw that out in pursuit of making sure that all these corporate governances are as tough as they can be. On integrity I don’t know whether [gambling] is the biggest threat; I think you have to be quite careful how you triage these 60 Former BBC Sports Editor David Bond interviewing Lord Sebastian Coe during the conference. They spoke about issues facing sports governing bodies ICSS Journal – Vol 2 | No 4 things, but I think there is no doubt that there is a threat. I think Hugh Robertson, former UK Sports Minister, sat on the committee that Jacques set up at the IOC. Clearly, mutating sport through illegal gambling and match-fixing is a serious issue. It’s quite tough in a way to do that in track and field. Individual events are very difficult to fix. After the World Championships in Moscow in 2013, we had a couple of days where we did something slightly different, and we put some forums together. One of the forums we had was on ethics, and we invited one of the key specialists out of Switzerland on this subject. So we’re not being complacent about it and we are not being cavalier about it, but my instinct at the moment is that it may be a bigger problem in some sports than others. But I don’t think that’s something that has permeated track and field in any way that is currently discernible. But, again, we will need to be eternally vigilant. I guess the IOC is probably as good a vehicle as any for [defending sporting integrity] at the moment. I’m always slightly nervous about overarching organisations that take it on themselves to police collectively the world One of the biggest challenges is the discussion around what is a cost and what is an investment. The risk is that everything that seems to be going on in a Games country becomes aggregated, so every new inch of asphalt, every upgraded hotel, all the accessibility work done around a station for the Paralympics – all the things that a good city should be doing anyway – are heaped into some budget total linked to the Games, regardless of the fact that much of that is an investment. The Games is actually quite a good catalyst. Sochi was, I guess, the problem for a lot of this, because the $51 billion figure [that Russia spent on the Games] got thrown around. Bear in mind that there was nothing in Sochi; it was a summer resort. When the Soviet Union broke up, Russia had very little in the way of winter sports infrastructure – other than ice-hockey rinks and ice-skating rinks, they had no winter facilities at all – so this was the investment that was put into this area. Now, whether they recoup that in legacy terms... probably is as much dependent on whether they can get direct flights in and out of Sochi from some of the big population centres. But I think that caused a lot of fragility at the time, and there is no doubt the most demanding stakeholder you ever have are local communities, and unless you can communicate why this is going to impact well for them, you won’t succeed. Local communities are far more sophisticated now. If you say to them we want more kids playing sport off the back of an event, they will say: “Yes, okay, we get that, but what is the infrastructure, hard and soft, that’s going to do that? What are you going to do in primary schools? You’re going to build an Olympic Stadium, that’s great, but you’re putting it in a community where, at best, unless you really make this work, local people are only going to press their noses up against the window, or, at worst, probably going to go on paying for it for years in local taxation.” So you really do have to communicate this now more than ever, and I think the challenge for the IOC and all sports organisations is reconnecting, and it’s often reconnecting with local communities. So community engagement is probably going to be more important than it’s ever been around these events. The challenge in trying to globalise sport is that there are some political structures at city level and at national level that are more scrutinising than in others. If we’d lost the London Olympics bid, I’d have probably spent a lot of time in front of a Select Committee explaining why I spent £30 million on a bid that came to very little. There are some environments where that simply is not a challenge. I think it made ours a better bid, but it is certainly posing a challenge for cities in liberal democracies where local communities are just more demanding and there are tiers of transparency that you have to go through. We shouldn’t be a drag anchor on those cities and communities [like Sochi and Almaty] from wanting to I think the challenge for the IOC and all sports organisations is reconnecting, often with local communities share in sport. I spoke at a conference not long ago, where I made the point that we’ve rather mouthed the same old stuff about globalising sport, getting more kids playing it, taking it to corners of the world, challenging and extending the borders, but then when some of those cities want to bid, we say we’re not quite sure about your political structures, and we’re not desperately sure about your record on human rights, and by the way, it’s quite hot in August. Well, we’re going to have to do business in a different way, and I think we’re going to have to have a grown-up, global conversation – about how... to accommodate that global capacity, if we’re serious about it – that looks again at the sporting calendar. Lord Sebastian Coe is a double Olympic champion. He was Chair of London’s Organising Committee for the 2012 Paralympics and Olympics, and is currently Chairman of the British Olympic Association and Vice President of the IAAF ICSS Journal – Vol 2 | No 4 61 Integrity Integrity Match-fixing: framing the fight-back O n 18 September 2014, potentially the most significant legal instrument relating to match-fixing worldwide was declared open for signature at a Council of Europe (CoE) conference for sport ministers in Macolin, Switzerland. At the meeting, 15 states signed the Council of Europe Convention on the Manipulation of Sports Competitions, and it is hoped that many more will follow. An Explanatory Report (ER) on the Convention was adopted at the same time, which is helpful for analysing the legal content within the Convention. The CoE is a human rights organisation with 47 member states and is wholly separate from the European Union – although all 28 members of the EU are also part of the CoE. All CoE member states are signatories to the European Convention on Human Rights (ECHR), a treaty that was designed to protect human rights, democracy and the rule of law in Europe following the Second World War. 62 ICSS Journal – Vol 2 | No 4 The European Court of Human Rights in Strasbourg, France oversees the implementation of the ECHR in member states. Complaints of human rights violations can be brought to the Strasbourg Court once all possibilities of appeal have been exhausted in the member state concerned. The main thrust of the CoE’s policy on sport, most recently exercised through its Enlarged Partial Agreement on Sport (EPAS), has been to uphold certain principles, including the independence, autonomy and self-regulation of sport, while at the same time seeking to prevent certain adverse phenomena, such as doping, spectator violence and, now, match-fixing. They strike at the heart of key human rights in the ECHR, including: the right to life, prohibition of forced labour, the right to a fair trial and the right to an effective remedy. The CoE first discussed match-fixing in 2008 at a ministerial meeting held in Athens. The committee then adopted Recommendation CM/Rec(2011)10 on iStock Images Kevin Carpenter reviews the legal provisions of the Council of Europe’s convention against match-fixing, welcoming the creation of a framework for transnational measures to combat the threat to sport integrity ICSS Journal – Vol 2 | No 4 63 Integrity Integrity Fenerbahçe’s Chairman Aziz Yıldırım speaks during a conference. Yıldırım was given a jail sentence for alleged involvement in match-fixing in Turkey Structure of the sports betting market, 2011 66% Return rates Total value of bets placed 95% 85% € 16.0 €275.0 billion billion 98%* €10.5 billion 17% 15% billion Illegal market billion 78% 34% Market total Legal market Illegal market Promotion of the Integrity of Sport Against Manipulation of Results, Notably Match-Fixing in 2011 – which formed the framework for the beginning of the Convention in October 2012. The Convention had to go through a number of stages of the CoE’s legislative process, which included receiving input from a number of key stakeholders in sport, not just the member states themselves. The two-year drafting and negotiating process was coordinated and led by EPAS, an organisation providing a framework for a pan-European platform of intergovernmental sports cooperation. They encourage dialogue between public authorities, sports federations and non-governmental organisations to promote sport, as well as making it healthier, fairer and better governed. Despite being a European-led instrument – the EU was part of the drafting process, having been authorised to participate by the EU Commission – the CoE are extremely mindful of the global nature and threat from match-fixing, and are also encouraging non-CoE member states and non-European countries to sign up. Australia, New Zealand, Canada, Japan, Israel and Morocco have been consulted during the Convention’s negotiations and are expected to sign. Structure of the Convention The Convention is a legally binding instrument comprising a preamble and nine chapters made up of 41 Articles that cover: prevention, law enforcement, international cooperation measures and the exchange of information. A number of important overriding principles and the background are set out within the preamble. For instance, the CoE attributes the significant increase in the number of match-fixing cases worldwide, but particularly in Europe, to two specific elements: ICSS Journal – Vol 2 | No 4 Legal market Illegal market Illegal street market 66% €47.7 billion Market total Legal market Illegal market Market total *If the gross gambling revenue (GGR) value for the illegal market is substituted by 96 per cent, the illegal market volume (in bets) would be €137.5 billion, and a total market of€ €185.2 billion, or a little less than half of the number provided in the table above, for a GGR difference of only two points. This shows the extreme volatility of the bets variable in relation to GGR and the limited interest in reasoning in terms of bets. ** Obtained by calculation 64 17% €322.7 95% € 5.5 Legal market 100%** Metin Pala/Anadolu Agency/Getty Images Gross gambling revenue 1. the proliferation of different types of betting, which are often difficult to monitor; and 2. the development of a large liquid illegal betting market, which has high pay-out rates that attract criminals with increased possibilities of laundering. Both of these factors were covered extensively in the ICSS-Sorbonne report Protecting the Integrity of Sport Competition: The Last Bet for Modern Sport, which was published in May 2014. The preamble also acknowledges that the autonomy of sport is only conditional, and there are certain times, as with protecting the integrity of sport, that public authorities must be involved. Furthermore, the threat to the rule of law is specifically mentioned in the Explanatory Report due to the fact that: “The manipulation of sports competitions poses a challenge to the rule of law because it is linked to fraud, organised crime and corruption.” Purpose and guiding principles It is important to set out the purpose and objectives in full as they underpin the remaining Chapters and Articles of the Convention. Article 1 states: 1. The purpose of this Convention is to combat the manipulation of sports competitions in order to protect the integrity of sport and sports ethics in accordance with the principle of the autonomy of sport. 2. For this purpose, the main objectives of this Convention are: a. to prevent, detect and sanction national or transnational manipulation of national and international sports competitions; b. to promote national and international cooperation against manipulation of sports competitions Source: Protecting the Integrity of Sport Competition, The Last Bet for Modern Sport between the public authorities concerned, as well as with organisations involved in sports and in sports betting. It is important to note that the phrase ‘manipulation of sports competitions’ is used rather than ‘match-fixing’, as the Convention states at the outset that it covers the full range of offences associated with this complex area. This leads neatly on to the definitions in Article 3, which, having seen earlier drafts, were the subject of much negotiation and legal amendment. The key definition is the aforementioned ‘manipulation of sports competitions’, which I believe strikes a good balance between being clear and concise, and yet sufficiently wide in scope. It is defined as: “An intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned sports competition with a view to obtaining an undue advantage for oneself or for others.” Undue advantage does not always need to be direct financial gain and covers other tangible or intangible advantages (para 55 ER). One high-profile example of the latter is the match-fixing orchestrated by Fenerbahçe in the 2010/11 Turkish Super League, which resulted in the team finishing first and qualifying for the UEFA Champions League – from which they were subsequently banned for two seasons, with a further campaign suspended within five years. It is encouraging that not only has “sports betting” been defined, but these activities have also been clarified: ■■ Illegal sports betting – “any sports betting activity whose type or operator is not allowed under the applicable law of the jurisdiction where the consumer is located” (Article 3.5.a). Irregular sports betting – “any sports betting activity inconsistent with usual or anticipated patterns of the market in question or related to betting on a sports competition whose course has unusual characteristics” (Article 3.5.b). ■■ Suspicious sports betting – “any sports betting activity which, according to reliable and consistent evidence, appears to be linked to a manipulation of the sports competition on which it is offered” (Article 3.5.c). ■■ This is a key distinction for signatories to understand, as when it comes to identifying and investigating potential betting-related match-fixing, the latter two terms are often misunderstood. Betting on a particular sports competition can be irregular for a number of reasons, perhaps legitimate, without being suspicious. The purpose of the Convention is to combat manipulation to protect the integrity of sport Chapter II, which covers prevention, cooperation and other measures, places a number of obligations on stakeholders within a particular signatory state, which are each referred to as a Party. Article 4, on domestic coordination, recognises that no one stakeholder within a state, whether a sports body, law enforcement or betting operator, can successfully work towards eradicating matchfixing without cooperating. To do so they must undertake ICSS Journal – Vol 2 | No 4 65 Integrity Integrity Council of Europe classification of criminal offences TOOL AIM/INTENTION Violence, coercion, threat Corruption Economic benefit for oneself or someone else Glory, friendship Free decision (for oneself) Agreement Provisions on fraud General provisions on threat of use or use of violence, blackmail, extortion General provisions on active and passive bribery Through irregular betting Otherwise Disciplinary sanctions only This table was used during the drafting stage of the Convention, it aims to clarify what can constitute a criminal offence. Source: Protecting the Integrity of Sport Competition, The Last Bet for Modern Sport a detailed risk assessment and establish appropriate procedures (Article 5). In addition, the education of all stakeholders must be delivered (Article 6). However, Parties must be careful not to place too much emphasis on this aspect, as it must be part of a holistic approach alongside the measures in Article 5, as well as others in the Convention. The inclusion of the following stipulation will have been driven in no small part by players’ unions and reports, such as the report by FIFPro, Don’t Fix It from May 2014. Article 7, which is aimed at sports organisations and competition organisers, states that: “Each Party shall encourage sports organisations and competition organisers to adopt and implement rules to combat the manipulation of sports competitions as well as principles of good governance, related, inter alia to… compliance by sports organisations and their affiliated members with all their contractual or other obligations.” Failure to pay officials on time, in full, or indeed at all, is a principal driver behind why officials in sport choose to fix. Of particular interest, Article 7 says that: “Each Party shall encourage its sports organisations, and through them the international sports organisations to apply specific, effective, proportionate and dissuasive disciplinary sanctions and measures to infringements of their internal rules against the manipulation of sports competitions, in particular those referred to in paragraph 1 of this article, as well as to ensure mutual recognition and enforcement of sanctions imposed by other sports organisations, notably in other countries,” (Article 7.3). There is criticism from some quarters that lifetime bans for first-time match-fixers are disproportionate, especially when the sanctions for doping, another integrity offence, are considered on a case-by- 66 ICSS Journal – Vol 2 | No 4 case basis. Recently, the Court of Arbitration for Sport in Fenerbahçe Spor Kubülü v UEFA (CAS 2013/A/3256) looked to the regime on doping for guidance on the proportionality of the sanction of a two-year disqualification from the UEFA Champions League for match-fixing. Regulation and data protection Article 8, on measures regarding the financing of sports organisations, addresses the need for consideration of how sports governing bodies will be funded in order to combat “manipulation of sports competitions”, as this is currently a major obstruction in the fight. Betting operators and regulators are covered in this chapter, alongside other important provisions regarding: the exchange of information between key stakeholders (Article 9.1.a), the tracing and blocking of financial flows from sports betting (Articles 9.1.d and 11.1.b), preventing the misuse of inside information (Article 10.1), and exploring the most suitable means, in accordance with the law, to combat illegal betting operators (Article 11). Article 9, dealing with measures regarding the betting regulatory authority or other responsible authority or authorities; 10 on sports betting operators; and 11, covering illegal sports betting, all address the sports betting industry. Each Party must have a dedicated body tasked with regulating betting in their country. Importantly, as part of their mandate, the Convention mentions facilitating the exchange of information between stakeholders, transparency in financial flows and the ability to suspend markets where there is suspected manipulation (Article 10.1). As for sports betting operators themselves, the Convention focuses on the need for them to avoid conflicts of interest and misuse of inside information. Parties are given wide discretion to combat illegal sports betting via the most suitable direct and indirect ways (paragraph 111, ER). Practically, this has proved challenging for many countries up to this point due to difficulties in blocking cross-border communications. Article 12 – covering the exchange of information between competent public authorities, sports organisations and sports betting operators – places an obligation on Parties to: “Facilitate, at national and international levels and in accordance with its domestic law, exchanges of information between the relevant public authorities, sports organisations, competition organisers, sports betting operators and national platforms,” (Article 12.1). This is another significant hurdle holding back an effective fight against match-result manipulation. For instance, in the UK there is uncertainty about how to apply section 35 of the Data Protection Act 1998 to cases of match manipulation. In fact, the difficulties of data protection are discussed further below under Article 14. In addition to the requirement to have a national sports betting regulator under Article 9, Article 13 requires that each Party have a “national platform” whose primary function is to “act as an information hub, collecting and disseminating information” to relevant stakeholders (Article 13.1.a and para 119 ER). This echoes the effective role the Joint Assessment Unit played at London 2012 in dealing with the threat to the Olympic Games from manipulation, as discussed in ICSS Volume 1 Issue 4. Article 14 addresses the ever-growing area of data protection, as the processing of personal data is central to effective international cooperation in this field. The Explanatory Report for Article 14 sets out the full range of activities that can be engaged when instances of match manipulation arise, which include: administrative cooperation, consumer protection, child protection, combating fraud and money laundering, identity theft and other forms of cybercrime. Article 14 itself obliges Parties to comply with the vast array of regional and international laws on data protection when drawing up their own measures (Article 14.1 and para 125 ER). In the UK this is the Data Protection Act 1998, which was passed to implement the EU Directive 95/46/EEC. In drawing up their own measures, Parties must also consider a number of key legal concepts in the field, including lawfulness, adequacy, relevance, security and accuracy (Articles 14.2 and 14.3 and paras 126 and 128 ER). Many of these are referred to as Data Protection Principles in Schedule 1 of the Data Protection Act. Article 14.3 highlights the imperative for data not to be shared beyond the purposes for the Convention or retained for longer than necessary. This is particularly important in relation to match manipulation given “that the organisation of sports competitions and the activities of sports betting operators generate a large volume of personal data” (para 127 ER). What is a ‘necessary’ period of time is always fact-specific. The harmonising of criminal laws across sovereign states is always contentious in whatever field and so it is of little surprise that a light-touch approach is taken in the Convention, which states: “Each Party shall ensure that its domestic laws enable to criminally sanction manipulation of sports competitions when it involves either coercive, corrupt or fraudulent practices, as defined by its domestic law,” (Article 15). There are a number of ways in which match manipulation is covered in national criminal laws – including corruption, fraud, cheating at gambling and specific sport fraud, which are outlined in KEA’s Matchfixing in Sport: A mapping of criminal law provisions in EU 27. Therefore, “[the Convention] does not require the establishment of a specific and uniform offence for the manipulation of sports competitions,” (para 130 ER). However, Chapter IV of the Convention – substantive criminal law and cooperation with regard to enforcement – does address some other criminal law issues in this area. Deterring organised crime Match manipulation, which can be linked to organised crime, often involves some form of money laundering. The international legal instruments mentioned in Article 16 – laundering of the proceeds of criminal offences relating to the manipulation of sports competitions – are one tool that can be used to quell match-fixing activity. Helpfully, Article 16.3 offers an example of how the manipulation of sports competitions can be woven into a Party’s money laundering prevention framework, “by requiring sports betting operators to apply customer due diligence, record keeping and reporting requirements”. One interesting provision that should in practice act as a significant deterrent is Article 18, which covers corporate liability. It recommends that Parties make ‘legal persons’ (for example, a football club) vicariously liable for the offences committed in Chapter IV by any “natural person, acting either individually or as a member of an organ of the legal person, who has a leading position within the legal person,” (Article 18.1). ‘Legal person’ should cover sporting organisations in whatever legal form they exist and operate. To have a ‘leading position’ the natural person (for example, any club official) must have either: a power of representation, authority to take decisions or exercise control (para 149 ER). Article 18.2 extends this to an act of omission in terms of a lack of supervision by a legal person over its officials. In addition to the criminal liability, which is the focus of Article 18, it is also made clear that legal persons are also liable under civil and administrative/regulatory law, the latter being what is most commonly known as sports law (Article 18.2). Finally, for avoiding doubt, it is stressed that any form of vicarious liability that legal persons may be subject to is “without prejudice to the criminal liability of the natural persons who have committed the offence” (Article 18.4). Many of the issues covered in Article 18 have been considered, addressed and confirmed as good principles in a sports law context in a series of match-fixing cases that have gone to the Court of Arbitration for Sport: FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA (CAS 2009/A/1920), FC Karpaty and FC Metalist v Football Federation of Ukraine (Unreported, 2 August 2013) Bes˛iktas˛ Jimnastik Kulübü v UEFA (CAS 2013/A/3258), Fenerbahçe Spor Kubülü v UEFA (CAS 2013/A/3256) and Eskis˛ehirspor Kulübü v UEFA (CAS 2014/A/3628). ICSS Journal – Vol 2 | No 4 67 Integrity Integrity Methods of identifying and regulating risks to sport from illegal betting Creating a committee of experts Members: • Regulators • Sporting movement • Betting operators Establishing a classification of risks Establishing a list of authorised bets Risky bets: • Reasonable risks • Risks to be examined • Significant risks Types of bets: • Competitions • Betting formulas • Specific cases of live betting and betting exchanges Source: Protecting the Integrity of Sport Competition, The Last Bet for Modern Sport Article 19 on jurisdiction is important, given the transnational nature of match-fixing. Articles 19.1.a and 19.1.d are the most relevant; the former is based upon the territoriality principle (para 154 ER) and the latter on a combination of the nationality principle and the potential need for Parties to investigate acts committed abroad by an individual who resides in their country (para 156 ER). In addition, Article 19.3 gives the ability to establish jurisdiction to investigate where it is possible to extradite the alleged offender. Furthermore, Article 19.4 provides another good example of how the Convention encourages Parties to communicate and cooperate wherever possible: “In order to avoid duplication of procedures and otherwise facilitate the efficiency or fairness of proceedings, the Parties involved are required under paragraph 4 to consult in order to determine the most appropriate jurisdiction for the purposes of prosecution,” (para 159 ER). Protection and sanctions Crucially, in Chapter V, Article 21 discusses protection measures. The Article encourages each Party to provide “effective protection” in order to support people that have information on match-fixing and the courage to report it to the relevant authorities. The importance of this cannot be underestimated, due to both the stigma within sport against those who report misconduct and potential criminality, as well as the threatening presence of organised criminals. “Intimidation of witnesses, whether direct or indirect, may take different forms, but its purpose is nearly always to destroy and discredit evidence against defendants so that they have to be acquitted,” (para 186 ER). If protection can be provided for such people, and their identity protected throughout the sporting and/or criminal process, then it will increase the willingness to provide valuable information and also to testify at a later date (para 187 ER). Chapter VI, covering sanctions and measures, builds upon other provisions of the Convention already discussed. It outlines the desired punishments that can be imposed in the non-sports law environment on those found to have committed offences related 68 ICSS Journal – Vol 2 | No 4 to match manipulation. A repeated theme with sanctions for these violations – be it criminally pursuant to Article 22 (criminal sanctions against natural persons) or on a civil basis pursuant to Article 23 (sanctions against legal persons) – is that they must be “effective, proportionate and dissuasive”. Article 25 addresses the seizure (temporarily taking control) and subsequent confiscation of assets illegally gained through match manipulation. Having laws that allow law enforcement and the judicial authorities to do this may be a more effective way to fight organised crime than the threat of prison (para 197 ER), as it cuts off the funds that those involved in fixing need in order to thrive. Regrettably, Article 25 does not go as far to suggest Parties have a civil recovery mechanism. Given that securing criminal convictions for match manipulation on the ‘beyond reasonable doubt’ standard of proof is notoriously difficult, civil asset recovery would allow the profits from fixing to be recovered on the lower ‘balance of probabilities’ standard. In the UK, this possibility can be found in Part V of the Proceeds of Crime Act 2000. Chapter VII, on international cooperation in judicial and other matters, is where both Europol and INTERPOL have a crucial role to play alongside international sports federations. Both organisations have already undertaken a significant amount of work in this field. Furthermore, the “key role that… INTERPOL plays in facilitating effective cooperation between the law-enforcement authorities in addition to judicial cooperation” is also highlighted within the preamble. INTERPOL’s key role in fighting match manipulation is evident in its Operation Soga, an ongoing tactical operation coordinated by INTERPOL to disrupt the illegal football gambling activities of criminal organisations in Asia. By coordinating a number of national police forces in Asia, Operation Soga has had 2,360 successful raids and seized more than $27 million in cash as of 2013. Europol previously ran the Joint Investigation Team, code-named Operation VETO, between July 2011 and January 2013. Through this, they unearthed a total of 425 match officials, club officials, players, and serious criminals, from more than 15 countries that were suspected of being involved in attempts to fix more than 380 professional football matches. Recently, Europol signed a Memorandum of Understanding with UEFA aimed at reinforcing the fight against match-fixing in European football. INTERPOL have their own Integrity in Sport unit, which has a 10-year agreement to work in partnership with FIFA to tackle the threat to football globally from match-fixing, as well as more recent collaboration with the world football players’ union, FIFPro. In addition, and perhaps most importantly and encouragingly, INTERPOL is working more closely with the IOC – the body that has the necessary political, sporting and social clout to impact match-fixing across global sport – having signed a Memorandum of Understanding in January 2014. Legal and policy issues One issue that is a constant source of debate in the field of match manipulation is whether or not a new form of intellectual property right should be introduced in the form of a betting right. This falls within Chapter II. At an official dinner in Switzerland to mark the Convention being opened for signature, UEFA Executive Committee Member Michael van Praag said: “We should also recognise sports bodies’ property rights in the context of betting. That is to There has already been a legal challenge to the Convention, which was launched by Malta say, betting companies should pay a fee to the organiser of sporting competitions in cases where they offer bets on these competitions. Some nations have already implemented good practices that we could all make use of… Such a policy allows competition organisers and betting operators to agree on which aspects of the game can be the subject of betting, as well as on the monitoring and control mechanisms that are required in this area. It can also be a valuable funding mechanism to help assist in the fight against match-fixing.” The countries he mentions that have embraced the betting right to combat match manipulation are principally France, Australia and New Zealand. As a lawyer, I see no legitimate reason why betting operators should not enter into formal agreements to pay for the opportunity to offer bets on a particular sport, given the fact, for instance, that broadcasters are not allowed to simply broadcast television coverage of a sport for free. In saying that, I do acknowledge that many betting organisations make voluntary commercial arrangements, through sponsorship, for example, as it is in their interests for sport to be clean as well. One argument against formal arrangements in the past has been that, because it is actually the illegal markets that drive match-fixing and corruption in sport, there is very little point in restricting betting types by legal operators within an individual country. However, as there would then be money to put back into sport that could be used to combat the illegal market, this may be one justification for the proposed system. In return, sports must share information with the betting operators. There has already been a legal challenge to the Convention, which was launched by Malta – home to a significant online gambling industry. The country’s complaint to the EU is on the basis that the definition of “illegal sports betting” in Article 3, coupled with the other betting provisions mainly in Articles 9 and 11, are incompatible with key EU law and principles. They are seen as being discriminatory and against the freedom of establishment and freedom to provide services. The practical effect of the Convention is that a betting operator licensed in, for example, Malta, could be prohibited from going about its business in another EU state, say France, if French law proscribes some of the betting methods which in Malta are perfectly legal. This would be a clear impediment to a free internal market. In Malta’s view, this goes beyond, and is not proportionate to, the objective of the Convention to combat match-fixing, and has the unnecessary and harmful effect of clamping down on regulated sports betting operators. In addition, the provisions of the Convention relating to betting may lead to harmonisation of an area that is not yet harmonised on an EU level, and is subject to a significant review at the current time by the EU institutions. For somebody who has been working to combat match-fixing for some years, it is very pleasing that the CoE has been able to come to a political consensus to establish the Convention and have it ready for signature. Yet, as with all such international legal instruments, it is only as effective as the extent to which the signatories implement and comply with the Articles of the Convention through passing laws and regulations in their own state. In addition, it depends on how effectively the CoE and other Parties enforce compliance through the auspices of the Convention Follow-up Committee pursuant to Chapter VIII. The immediate challenge is to convince the remaining 32 members of the CoE to sign up to the Convention, including large states, such as the UK, France, Spain and Italy, which are cautious following the wider than anticipated impact of the ECHR. Moreover, convincing as many non-CoE countries to sign the Convention and join the fight is crucial, particularly countries with large illegal betting markets that tend to fuel match-fixing activity, such as India, the US and much of Asia. The original version of this article was written for and first published on LawInSport. Kevin Carpenter is a sports lawyer at international law firm Hill Dickinson LLP, specialising in regulation, governance and integrity matters. He can be contacted by email at kevin.carpenter@hilldickinson.com or via his Twitter handle @KevSportsLaw ICSS Journal – Vol 2 | No 4 69 Integrity Integrity Intermediary regulations: clarifying a murky area N othing polarises people within the world of football like asking their opinion on player agents. Player agents have been described as ‘leeches’, ‘superfluous’ and even a ‘necessary evil’. Within football, the camp is split between those who think that agents take money out of the game, and those who recognise that some agents do valuable work in developing a player’s career. In late November, the FA Premier League announced that its clubs had spent £115.26 million ($180.32 million) on player agents during the 2013/14 season. This was a rise of 19 per cent over 2012/13, but slowing from the 26 per cent climb reported the previous season. 70 ICSS Journal – Vol 2 | No 4 There is a reason for the recent rises. Clubs are under increasing pressure to comply with Financial Fair Play regulations, and so have been prepared to pay agents that little bit more to get players through the door. However, the Premier League’s statement on agent payments was perhaps more interesting for what it didn’t show. Who are these agents? What are they being paid for? By publishing block amounts for each club with no detail, as it agreed to do in 2008, the Premier League has perhaps opened itself up to criticism. As our table illustrates (see page 74), figures released by the Football League provide a little more information on work carried out by the iStock Images FIFA’s intermediary regulations come into force on 1 April 2015. Andy Brown examines how the new regulations clarify an agent’s role in a player contract and looks at how agents are responding to the new approach ICSS Journal – Vol 2 | No 4 71 Integrity agents. The highest-ranking Football League club in terms of the amount paid to agents was Blackburn Rovers. The club paid agents for 48 new registrations and/or transfers, eight contract updates, six contract cancellations and 21 loans. Unlike the Premier League’s figures, at least this illustrates the work done by agents. However, we don’t know who these agents are, how much they received for each deal and what work they have actually carried out to earn their money. Such an environment can be conducive to corruption. For example, Chann Sankaran, jailed in June along with footballer Michael Boateng for attempting to fix the results of football games, had posed as an agent in a ploy to gain access to players. In a separate case, undercover reporters and investigators approached Christopher Forsythe, a licensed player agent, to fix Ghanaian international football games in a Channel 4 Dispatches investigation last summer. Forsythe featured on the list of licensed players’ agents published on FIFA’s website (he still features, despite having been filmed by investigators agreeing to help fix games). All of this is about to change. On 1 April 2015, FIFA is bringing in its Regulations on Working with Intermediaries. But how will FIFA’s planned changes serve to make football agents accountable? Already, a battleground is developing between those who wish to preserve the agent licensing system, and those developing new business models. The current regulatory environment The current regulations are not working. If an agent is used in a player contract, FIFA’s Players’ Agents Regulations require them to be licensed by a national association. FIFA’s Regulations on the Status and Transfer of Players require any agent used in a player transfer to be named in that contract. Players and clubs are forbidden from using an unlicensed player agent. National associations are responsible for issuing sanctions relating to domestic transfers, and FIFA is responsible for issuing sanctions relating to international transfers. However, as the national associations are responsible for licensing player agents, only they can suspend or withdraw their licence. Accordingly, national associations are responsible for issuing a report on the activity of player agents to FIFA. This makes the regulations very difficult to enforce and police. “At the present time, we estimate only 25 per cent to 30 per cent of all international transfers are conducted via licensed agents,” said FIFA’s legal director, Marco Villiger, at a 15 July 2009 press conference. “FIFA finds this unsatisfactory… under the current system, unlicensed agents cannot be detected. Clubs will not tell FIFA that they used an unlicensed agent. If a club launched a complaint with FIFA, then there is a risk that the investigation will involve them and they would have to prove that they have not contacted an unlicensed agent. The system as it is now doesn’t work.” This may have more to do with a failure to enforce the regulations than it does with any particular problem 72 ICSS Journal – Vol 2 | No 4 Integrity with the system. “Had the 2008 regulations been implemented uniformly and, critically, been enforced by national associations, such figures would not exist,” wrote John Mehrzad, a barrister with Littleton Chambers, and Udo Onwere, an associate with Farrer & Co, in World Sports Law Report, Volume 12, Issue 11. “It is [our] view that this points to a systematic failure of implementation and enforcement rather than any particular problem with the substance of the 2008 regulations.” However, the creation of the FIFA Transfer Matching System (TMS), which was implemented in 2010, presented a new opportunity. Both clubs involved in an international transfer now had to use an online system to record payment details, intermediaries used and commission paid. FIFA argues that if you know who an agent is, the work he carried out and the amount he was paid, then that largely replaces the need for him to be licensed by a national association. But not everyone agrees. Footballer Michael Boateng, who was jailed in June along with Chann Sankaran for attempting to match-fix. Sankaran had impersonated an agent in order to gain access to players FIFA’s Regulations on Working with Intermediaries The new regulations mark a change of approach. Rather than attempting to register and license player agents, they will require FIFA member associations – such as the FA – to implement a registration system to record every intermediary used in a player contract. National associations will also be responsible for sanctioning any breaches of the regulations. FIFA’s role is also changing: it will sanction member associations that fail to implement its regulations correctly. The key changes are as follows: ■■ Those engaged in providing services to a player or a club to conclude an employment contract between a player or conclude a transfer agreement between two clubs will be termed an ‘intermediary’. ■■ An intermediary may be both legal or natural persons, so corporate bodies such as agencies will fall under the scope of the regulations. ■■ There is no examination requirement. Intermediaries will merely need to have an ‘impeccable reputation’ and not have ‘a potential conflict of interest’ to become registered with a national association. ■■ It is recommended that players and clubs adopt the following benchmarks: the total amount of remuneration per transaction due to intermediaries on the player’s behalf should not exceed three per cent of the player’s basic gross income for the duration of the relevant employment contract; the total amount of remuneration per transaction due to intermediaries who have been engaged to act on a club’s behalf in order to conclude an employment contract with a player should not exceed three per cent of the player’s eventual gross income for the entire duration of the relevant employment contract; or the total remuneration per transaction due to intermediaries who have been engaged to act on a club’s behalf in order to conclude a transfer agreement should not exceed three per cent of the eventual transfer fee paid in connection with the relevant transfer of the player. Darren Staples/Reuters Any party that violates the provisions of the new regulations may be sanctioned by the national association, the sanctions of which may be extended by the FIFA Disciplinary Committee. ■■ If the relevant principles are not complied with, the FIFA Disciplinary Committee may take appropriate measures. ■■ Legal challenges Existing licensed agents have two issues with the new approach: the fact that anyone can act as a player agent without any sort of qualification, and the recommended three per cent cap. The Association of Football Agents (AFA), which represents around 500 football agents in England, has lodged a complaint with the European Commission, alleging that the regulations infringe the Treaty on the Functioning of the European Union, as both a distortion of competition and abuse of a dominant position. “A fee cap would be unique in a business of this nature and is clearly anti-competitive,” Mel Stein, AFA Chairman, wrote at the time. “The actions of FIFA are a blatant breach of a dominant position.” The FA did not hold any agent exams in the autumn of 2014, but has yet to announce its future plans. “We have heard no more from the Football Association”, says Stein. “We are not privy to their plans, yet we are part of them.” The AFA plans to continue with its challenge, and is waiting to hear back from the commission. “Firstly, we will try to stop FIFA’s plans,” explains Stein. “The European Commission has yet to make a decision on our complaint. If we haven’t heard back from them by January, then we will request an injunction under FA Rule K [agreement to arbitrate]. It would be defeatist to accept self-regulation at this stage. Why would we work with something that is blatantly illegal?” Stein says that the European Football Agents Association (EFAA), which represents 16 national player agent associations, is backing its challenge. Self-regulation is the AFA’s ‘plan B’; however, Stein says that England’s football authorities are not keen on the idea of agents regulating themselves: “The FA are not opposed to the idea of self-regulation, registration and kitemarks, but the other stakeholders – the FA Premier League, the Football League and the Professional Footballers’ Association – won’t do it. The League Managers Association can see the benefit of self-regulation. We can legally self-regulate. Nobody can stop us. If we fight and we lose, then we will self-regulate. We have had draft regulations drawn up by an outside lawyer and we are well advanced with this.” Pieter Venema has created the Stichting Registratie en Certificering Certified Players’ Agents (SRCCPA), an independent non-profit centre for the registration and certification of agents. It aims to certify qualified player agents and intermediaries used in player transfers by: ■■ setting requirements concerning training, experience, education and conduct; ■■ setting financial guarantees for services offered; ■■ drawing up and holding examinations or the equivalent as a requirement for certifying natural persons and granting them a licence as a Certified Player Agent (CPA); ■■ drawing up and maintaining a Code of Conduct for CPAs; ■■ setting up a European register for CPAs; ■■ supervising compliance with the regulations in order to maintain a licence as a CPA. “I think that it is in the interests of the players, the clubs and the associations to have trustworthy agents,” says Venema. “I hope that they will see that we are working in the general interest. I think that it’s in the interests of the agents themselves to build bridges, rather than put up walls.” Venema was understandably reluctant to go into detail about the necessary requirements to become a player agent, given the AFA’s ‘plan B’ to self-regulate. “The high-quality requirements to be fulfilled by a CPA relate to subject-matter knowledge, behaviour and accountability,” he says. “Subject knowledge is tested before admission to the register. Once certified, a player agent has to keep his knowledge up to date through permanent education. Behaviour and accountability have been set out in our code of conduct. A prospective agent who fails to meet the high standards cannot become a CPA.” Venema is also busy working on International Organization for Standardization (ISO) kitemark certification for player agents, which its members will be able to point to as a mark of quality when dealing with clubs. “We have been working towards achieving ICSS Journal – Vol 2 | No 4 73 Integrity Integrity English football clubs spending more than £500,000 on player agents during 2013/14* (ranked by amount spent) Club Division 2013/14 agent spend (£) Total transactions Average payment per transaction (£) Chelsea Premier League 16,771,328 n/a n/a Liverpool Premier League 14,308,444 n/a n/a Manchester City Premier League 12,811,946 n/a n/a Tottenham Hotspur Premier League 10,983,011 n/a n/a Manchester United Premier League 7,975,556 n/a n/a West Ham United Premier League 6,380,339 n/a n/a Everton Premier League 5,753,269 n/a n/a Sunderland Premier League 5,276,674 n/a n/a Arsenal Premier League 4,293,407 n/a n/a Stoke City Premier League 3,986,850 n/a n/a Newcastle United Premier League 3,876,250 n/a n/a Swansea City Premier League 3,784,090 n/a n/a West Bromwich Albion Premier League 3,493,745 n/a n/a Queens Park Rangers Premier League 3,242,668 n/a n/a Southampton Premier League 2,766,444 n/a n/a Aston Villa Premier League 2,577,866 n/a n/a Hull City Premier League 2,459,010 n/a n/a Crystal Palace Premier League 2,200,797 n/a n/a Blackburn Rovers Championship 1,681,080 83 20,254 Wigan Athletic Championship 1,656,445 70 23,664 Leicester City Premier League 1,608,418 n/a n/a Reading Championship 1,460,460 57 25,622 Nottingham Forest Championship 745,660 47 15,865 Burnley Premier League 711,024 n/a n/a AFC Bournemouth Championship 709,231 89 7,969 Huddersfield Town Championship 676,639 65 10,410 Bolton Wanderers Championship 639,840 52 12,305 Middlesbrough Championship 635,662 45 14,126 Leeds United Championship 597,901 49 12,202 Wolverhampton Wanderers League One 571,350 64 8,927 All 92 clubs Total spent on agents £130,493,916 *Covers 1 October 2013 to 30 September 2014 for FA Premier League clubs, and 1 July 2013 to 30 June 2014 for Football League clubs. Source: FA Premier League and Football League data 74 ICSS Journal – Vol 2 | No 4 ISO certification,” says Venema. “We don’t believe in enforced regulations. We are independent and we want to meet international business standards. This is business and if you want to raise quality, you have to be able to outline what you do for your customers.” Venema says that his approach is not about protecting a profession, but ensuring that people have the relevant qualifications, education and experience to do their job. “If an athlete gets injured, you – as an agent – have to think about what is going to happen then. Where is he going to get his income? A certain amount of financial planning is necessary. As an agent, you need to understand financial fair play, because it is very important for the clubs. You need to understand the industry. You need to know the stages of an athlete’s career and you need to be able to advise them with passion, and with knowledge. Therefore, you need qualifications.” “In terms of how we operate, it is a voluntary organisation,” continues Venema. “There is no obligation to join. We have a code of education and a code of conduct, which will make our agents accountable for their actions. These are not required under FIFA’s new regulations; however, I think it’s good for the market to have these things, because you will be able to clearly see who has a certificate of quality and who doesn’t. We want quality in the market and we want quality agents. People who cannot fulfil our requirements shouldn’t be entering the business. Agents are responsible for the profession, as they are the professionals. If they don’t want to come to talk to us, then that says more about them than it does about us.” Venema has talked to FIFA, UEFA and the European Commission about his plans. “In 2011, I contacted UEFA about doing this in Europe,” he says. “They said that they had no competence at all to regulate this area. They said that we had to go to our own national association, or talk with FIFA. We decided to go to FIFA, because they are responsible for the regulations. We discussed our code of conduct with the European Commission and the European Committee for Standardization (CEN) in 2012, and they said that they see no obstacle to using it. We don’t want to have any legal procedures over what we are trying to do, because we want to create harmonisation in Europe.” “Concerns were raised that we might be setting the bar too high, but I actually disagree,” continues Venema. “We want quality. We want good, ethical people and you cannot realise that in a harmonisation procedure within Europe, as it would take years. They asked why we were better than FIFA. I thought about it, and if you look at the activities of the agents, the regulation of this area doesn’t belong with FIFA. This is labour law. FIFA should deal with sporting rules. Player agency is an economic activity that belongs with the freedom to provide services in the European Union. I think it is very good that FIFA’s new regulations have come in, because the licensing system and all the legal uncertainty that was created under that system cannot be enforced.” If the regulations come into force, as planned, on 1 April 2015, then some sort of certification of player agents appears to be the way forward. It is often forgotten that the new regulations do not prohibit national associations and other organisations from licensing player agents. Clubs may still wish to use licensed agents with expertise rather than an intermediary. It may, therefore, make sense for organisations such as the AFA, EFAA and SRCCPA to operate qualifications, kitemarks and exams, in order to differentiate their expertise from that of mere ‘intermediaries’. The future of sports agents The AFA may have a point that recommending that agent fees are capped at three per cent is setting a salary cap by abusing a dominant position, but it is difficult to see the European Commission supporting an argument that FIFA should take its entire Intermediary Regulations back to the drawing board. FIFA and many national associations were not effectively regulating the use of agents in international transfers. Even if clubs decided to use licensed agents, football authorities often didn’t know who they were or how much they were paid. It is a shame that licensed, honest, good agents have The current Players’ Agents Regulations are very difficult to enforce and police been treated in the same way as unlicensed, dishonest agents by removing the only thing that distinguished them (the licence), but they were hardly impatient to self-regulate when the system was broken. Under the old system, if football authorities were lucky enough to have a licensed agent listed on a player contract (which only happened in 25 per cent to 30 per cent of international transfers, less in domestic transfers), they often didn’t know how much he took in commission or what work he was carrying out. Now, every intermediary will be listed on every player contract, including how much they were paid, and whether they are a licensed agent or not. That has to be more conducive to promoting integrity around the activities of agents than the old system. As intermediaries and agents are so closely linked with the development and nurturing of our young players, the new approach should be welcomed as bringing clarity to what was becoming a murky area. Some of the information in this article was reproduced from ‘FIFA Regulations on Working With Intermediaries: analysis’, World Sports Law Report, Volume 12 Issue 11, November 2014, available at: http://bit.ly/1rVlZ74. Many thanks to John Mehrzad of Littleton Chambers and Udo Onwere of Farrer & Co, who gave their permission for the article to be quoted ICSS Journal – Vol 2 | No 4 75 Technology Technology Crowd simulation: for the trained eye Crowd simulations allow for the kind of experimentation that is not possible in real life, but this approach has its limits. Professor G Keith Still discusses its appropriate uses for mitigating risk and managing crowds at sporting events 76 ICSS Journal – Vol 2 | No 4 competent safety planner or crowd manager. So why do the solutions providers promote their products in this way? As simulations cost a lot of money to develop, market and maintain, the development company needs to recoup its investment. As a result, we often see inflated claims for the potential applications of these simulations. It is a sales pitch, a means to convince the potential buyer of the system’s worth. However, the use of these kinds of crowd simulation to prove a safety case is a fundamentally flawed premise. You only need to read the small print in the licence conditions that almost always accompany the products to see this flaw. Broadly, the licence conditions state that the user is responsible for the inputs and the interpretation of the resulting data. This means that software vendors absolve themselves of any potential liability for any eventual negative outcomes. What does that mean for the end users’ safety considerations? How would they know if the model was producing garbage? Or if the model shows a situation that appears to work, but may in reality prove to be fatal? It is a conundrum. Developments and limitations In order to use this kind of computer simulation and ensure that the inputs and outputs are correct, the user needs to know, understand and have experience of crowd safety and management to avoid the ‘garbage in, garbage out’ problem. This leads us on to asking the fundamental question: what does the simulation tell the user that they may not already know from experience? We can demonstrate one type of failure in crowd simulations. If a system’s literature states that the maximum crowd density in the simulation is, say, 6.25 people per square metre, then the crowd density will never exceed this limit. Therefore, the model will never show the risk of crushing. To illustrate this problem, the next page shows an image of a tennis court with a packing density of six people per square metre. Compare that with the next image of a crowd entering a stadium in the United States and you can see that the iStock Images O ver the past 25 years, there have been significant advances in computer technology and crowd simulations, but these advances still have considerable limitations when planning safety operations for major events. Crowd simulations are limited by the mathematical models on which they are built, and should always be used in conjunction with other modelling and risk assessment procedures. As Sam L Savage, author of Insight.xla: Business Analysis Software for Microsoft Excel, says: “Someone who builds a mathematical model can get carried away with all the clever things that can be done with it. The model becomes a safe little world, free from anxiety, free from office politics, rewarding in its own right. This often results in a very clever model that has little to do with reality.” Recently, an email arrived in my organisation’s inbox, providing a link to one of the latest crowd simulation and modelling tools. We see many such emails promoting various scientific advances, typically with graphic images of vast crowds in complex spaces. This particular email was for a simulation of crowded spaces that could be used to evaluate the safety of an environment. The graphics accompanying the link showed an event, the crowd evenly distributed across the event space – this does not happen in real life – and a town centre, packed to capacity, with no visible means of access or egress. Both of those examples are instantly recognisable as incorrect and potentially dangerous by anyone who has worked in crowd management. Although the simulations look convincing, can we trust their outputs? Are they capable of doing as they claim, evaluating the safety of an environment? Many solutions providers in this field argue that safety and security at sports events have become more important in recent years, but this argument is both naive and misleading. Crowd safety has always been the reason for developing safety concepts and robust crowdmanagement plans for places of public assembly. This is not something that has suddenly ‘become’ an issue; safety and security have always been the priority for a ICSS Journal – Vol 2 | No 4 77 Technology packing density can be much higher in real life, and that is one fundamental problem of many computer models: they do not represent the real crowd-packing density, therefore they cannot show the risk of crushing. The real crowd can develop enormous pressures when people are packed at high density, people squeeze together and breathing becomes difficult. There are significant risks to life and limb, but the simulation may not ever display this risk. The simulation may show that everything works, but reality may prove otherwise. An experienced crowd manager is all too aware of this kind of problem. Through design, it is possible to monitor, manage and thereby maintain lower crowd density with safe levels – where density is below five people per square metre – and thereby mitigate the risk of crushing. For over a quarter of a century, a wide range of crowd simulation systems have been developed and applied to crowded spaces. Indeed, teams I have led have developed and used several different crowd simulations for many of the world’s largest and most challenging events. During the early years of research, crowd simulations were essential tools that helped us understand crowd dynamics, assess risk and experiment with the parameters in the model, as well as understand how, when and why certain types of risk arise in places of public assembly. They also enabled us to develop an understanding of crowd risks and experiment with a wide range of behavioural assumptions without exposing crowds to those risks. You can experiment with crowds in a computer-generated environment in a way that is simply not possible with real crowds for obvious safety reasons – you cannot expose people to a potential crowd crushing in order to gather the data necessary to validate the models. Experimenting in the computer-generated world has proved to be essential in understanding the interactions between crowds and their environments. With crowd simulations, we can understand how risks develop into incidents and how incidents can escalate into disasters, but the simulation approach is both expensive and timeconsuming. If the objective is understanding types of risk, then the solution is to develop more appropriate crowdmanagement techniques, planning and operation safety guidelines. The simulation is a means to that objective. We still explore crowd risks using simulations to further our understanding of risks in places of public assembly, and to help us develop better, more appropriate, safety guidance. It is an expert task and takes investment in both time and simulation development. Selling simulations Companies need to make money in order to survive. Obviously, this is a key economic driver in the marketing of simulation products: to make profit, a return on the development investment and income from product sales. That is where the real capability of the crowd simulation and the sales and marketing pitch can drift dangerously apart. We see sales and marketing literature focusing on ‘safety’ as the reason clients need to buy their product, playing to client fears, making assurances that this 78 ICSS Journal – Vol 2 | No 4 Technology A crowd entering a stadium in the United States. There are many unknown elements about crowd behaviour that cannot be accounted for in mathematical models Some crowd-simulation programs have limitations when it comes to reflecting real-life situations, such as depicting a realistic crowd-packing density © 2013 G Keith Still product will ensure the safety of their environment. Consulting organisations also invest in crowd simulations, making their income by demonstrating how a crowded space is proposed to function safely. This can create an interesting dynamic between the consultant, the software vendor and the client. Clients do not want to be told that their investments may fail; clients want to have their confidence in a project reassured. The danger is that this creates a motivation to show a client how a design can work. This drives the process towards proof of concept, where simulations are used to demonstrate how things work, not stress-testing them to understand how things may fail. There is a fundamental difference in these two approaches and, to understand that, we need to outline the concept of crowd risks. Crowd risks We know more about crowds now than we did 25 years ago, but we may never know everything about them. We do not yet fully understand many aspects of the human condition – for example, how and why people react under normal and emergency situations; or their decisionmaking processes as individuals, as groups, as families. We simply cannot measure many elements, such as emotion, anger and aggression levels. We do not know exactly how a wide range of internal or external factors – such as mood and weather, aggression and music – influence crowds. There is a long list of unknowns, many of which are subjective, individual, and can vary from day to day. We are influenced by many variable elements in our environment. In order to build simulations of how individuals may behave in the crowd, we have to make assumptions about human behaviour. These assumptions are coded into the simulation. Embedded within the computer simulation there is a mathematical model; this is a numerical recipe describing © 2013 G Keith Still the interactions in the simulation, the way individuals behave in a range of situations and to various stimuli and the crowd dynamics. The crowd simulation is limited by the assumptions built into that mathematical model; the simulation process will not improve on an incorrect or unsuitable set of assumptions. Therefore, to understand the simulation, the user must be able to understand the internal mathematical models, the assumptions, the limits to the system. This leads to another important question: what do we need to test in a crowded space? What assumptions are these simulations using when they claim to prove that a system is safe? If you cannot read computer code, or construct a mathematical model of crowd behaviour, you need to trust that the vendor is honestly representing their systems limitations in their marketing literature. There are some very useful research applications of mathematical models and crowd simulations. For example, crowd simulations can help us to explore the assumptions about human behaviour in order that we can build better mathematical models. Crowd simulations are useful tools for exploring the theoretical relationships between internal and external factors on the crowd, and there are many research applications for these types of models. However, the focus for a safety system should be on risk analysis and risk reporting, not exploring all the possible outcomes of the variables in the model. To systematically test every assumption and potential crowd condition for a mass gathering takes time; time is money, the costs mount up and you may never know if you have tested every potential condition of failure. We take a more pragmatic approach to the concepts of risk analysis for crowded spaces. There are three different levels of modelling (see diagram on page 80), from the simple analysis (level one) to the full site/ event simulation (level three). We have seen level three simulations prove that a system would function safely, yet we can demonstrate that they would have failed a simpler analysis (level one) and should have been rejected as ‘not fit for its intended purpose’. Lower-level modelling (one and two) is similar to rough-cut capacity planning, used in manufacturing to verify that you have sufficient capacity available to meet the capacity requirements for your master schedule. We can apply the same principles when assessing crowd risks. We need to understand two fundamental parameters of the spaces where crowds may form and move: ■■ Area – what area is available for the crowds (at a safe density)? ■■ Movement rate – what are the rates of passage (flow rates) during ingress/egress? Area can be measured on the ground, or using mapmeasuring tools; there are many free map-measuring tools available on the internet. Movement rates are evaluated from the pinch points (the narrowest points) or bottlenecks in the system, and then we can estimate the crowd flow through those points and the rates at which areas will fill or empty. This is an approximation, but it has proved to be reliable for risk analysis. Very few crowd-analysis projects require complex computer simulations (level three) in order to develop an understanding of the complexity and degree of crowd interactions of people in spaces over time. For example, as a special adviser for crowd safety in Saudi Arabia, I worked on the design of the Jamarat Bridge (Mina Valley). This is part of the Hajj (the holy pilgrimage to Mecca for Muslims), where around three million pilgrims perform the ‘stoning of the devil’ ritual that begins on the third day of Hajj. This project involved a wide area where millions of pilgrims would be moving on five different levels, in multiple directions, completing complex rituals. Computer simulation was an important research tool in understanding the overall crowd dynamics across such a wide space and on the different levels of a complex structure. However, simulation was not the only tool I and my team used to model, and understand, the complexity of the site. We had to first construct the fundamental models of area (capacity) and movement (flow rates) to evaluate the crowd dynamics. Site mapping We start by using level one modelling, mapping out the site on a drawing board using a series of overlays (transparent sheets of drafting film, placed on top of the site plan). We draw the routes the crowds would take under normal and emergency situations, and check dimensions such as travel distance and minimum width along those routes. This is a simple bottleneck analysis, a model of the potential areas of the risk of overcrowding. To illustrate this principle, consider a bucket with a hole in the bottom. If we pour water into the bucket at the same rate at which the water flows out of the hole, the bucket will not fill with water. If we pour water in faster than it can flow out, the bucket will overflow. That is the ICSS Journal – Vol 2 | No 4 79 Technology Technology The three levels of crowd-risk modelling Agent analysis Network analysis Spatial analysis Video analysis Direction Flow Space Time Site analysis Client brief (mostly reverse client brief) Client interaction Document review Scoping survey same principle with crowded spaces. If the crowd flow, approaching the bottleneck, is less than the capacity (throughput) of the bottleneck, the crowd will pass through and no queues will form. If the crowd flow approaching the bottleneck exceeds the crowd flow through the bottleneck, a queue will develop. If the approaching crowd flow grossly exceeds the bottleneck’s flow capacity, there is a significant risk of congestion and crushing. We do not need anything more than a flow diagram and a bottleneck analysis to determine the potential risk of failure in such a system. Those are the principles of crowd risk analysis – does this system have the potential to fail? By working through the site, area by area, section by section, we can build a clearer model of the overall crowd risks across the site. Only when we had a complete construction of the crowd flow paths and areas of potential risk were we able to code those parameters into the computer simulation. This process of site analysis was key to understanding the large-scale complex sites. In essence, you can determine the risks without the simulation. So, what did the simulation provide the user with that the model, which underpins the simulation, did not provide? To answer that question, we need to outline the definitions of an animation, a simulation and a model. Animations, simulations and models An animation is the process of creating motion and shape-change illusion by means of the rapid display of a sequence of static images that minimally differ from each other. Animations may look realistic, but they are often products of artistic licence, illusions of reality. 80 ICSS Journal – Vol 2 | No 4 Major projects. Report and analysis, presentations, simulations Mid-sized projects. Report and analysis, presentation Small projects. Report and analysis. Presentation LEVEL THREE PROJECTS Complex analysis, value engineering, site and wide area simulations site survey, video/photographs LEVEL TWO PROJECTS Modelling and risk analysis, site survey, photographs LEVEL ONE PROJECTS Survey, report and analysis. Site survey via maps/plans (internet service) A simulation is an imitation of the operation of a real-world process or system over a period of time. The act of simulating something first requires that a model be developed; this model represents the key characteristics or behaviours/functions of the selected physical or abstract system or process. Simulation should be used when the consequences of a proposed action, plan or design cannot be directly observed or it is impractical, dangerous or prohibitively expensive to test the alternatives directly. Simulation is particularly valuable when there is significant uncertainty regarding the outcome or consequences of a particular alternative. It should be used when the system under consideration has complex interactions and requires the input from multiple disciplines. In such a case, it is difficult for any one person to easily understand the system. A simulation model can act as the framework to integrate the various components in order to better understand their interactions. As such, it becomes a management tool that keeps you focused on the ‘big picture’ without getting lost in unimportant details. A mathematical model is a description of a system using mathematical concepts and language. A crowd simulation is the process of using mathematical models to produce a simulation of the movement of a large number of entities or characters. While simulating crowds, observed human behaviour and interactions are taken into account in the mathematical models in order to simulate collective behaviour. With these definitions, we need to consider how the model is constructed – specifically, where this is relevant to crowd safety cases. Crowd simulation can also refer to simulations based on group dynamics and crowd psychology; often in public safety planning we need to consider how the crowd reacts to the environment. Frequently, simulations will focus on a few behavioural aspects of the crowd, and not the overall visual realism of the simulation – for example, on the exploration of the collective social behaviour of people at social gatherings, assemblies, protests, rebellions, concerts, sporting events and religious ceremonies. Gaining insight into natural human behaviour under varying types of stressful situation can allow better models to be created that can be used to develop crowdcontrolling strategies. These are all excellent tools for exploring the enormous complexity in the crowd reaction and there have been some fascinating theories developed from different approaches to crowd simulations over the past decade. My team asked a very simple question: who would gain the most benefit from the uses and applications of complex crowd simulations? The crowd managers were not computer scientists or researchers, and they often needed a more practical, pragmatic methodology for risk analysis. For the past 15 years, I have been teaching practical methods for crowd modelling, focusing on ‘simple to apply’ and ‘simple to understand’ techniques for assessing crowd risks and evaluating crowd safety strategies. Colleagues and I developed a workshop approach to problem-solving that was similar to what we were using in our consulting projects – to identify and catalogue the key information for crowd-risk analysis. We teach the same methods that we use on major projects, not by trying to simulate entire sites, but by breaking down the site into its components, such as ingress (getting in), circulation (moving around) and egress (leaving the site) elements. Workshops had proved to be a successful means of understanding site-related issues while teaching delegates how to understand the fundamentals of crowd-related risks for major events. Delegates were typically crowd safety operations managers – the people who plan and operate events – so there was a wealth of practical experience to draw upon for our development projects, and good general understanding of the key issues related to crowd risks. Workshops have helped us develop better mathematical models of crowd behaviour and improve our understanding of crowd risks; specifically, they have helped us develop more appropriate crowd modelling (not crowd simulation) tools for crowd safety. As a result of our having run safety workshops for over 15 years, the teaching techniques and modelling tools we have developed are not academic or theoretical exercises: they are based on real-world situations. They are practical and applicable tools, techniques and methodologies. The key is crowd-risk analysis; understanding the causality of accidents and incidents; how these risks develop and escalate. The emphasis is on risk analysis. For crowd-related issues you need to understand how risks may be identified and then managed, and how that risk-management process can be measured or assessed in order to make the best improvements to the site. This requires practice and a lot of experience, and you cannot practise on real crowds; mistakes can cost lives. Crowd simulations may help explore, quantify and qualify the scale of the problem, whether the risk is small, medium or great. In this approach, the crowd simulation is not designed to provide solutions to risk-management issues – only to assist in identifying the severity, location and duration of the risk. This is part of the problem with crowd simulations: if they focus on how things work, they can mislead the user about the nature of the underlying risks, specifically if the underlying mathematical models are not published, understood, or, in many cases, accurate. For competent risk analysis there are several common questions we need to address: ■■ How do we identify crowd risks during the eventplanning process? ■■ How do we assess whether or not a system of entry/exit points will work? ■■ How do we manage the crowd flow into, around, and leaving a site? ■■ What are the key parameters of crowd risk and crowd safety? These questions can be answered at a level one/ two modelling approach. These are also questions my colleagues and I are asked at every workshop. No feedback in the system There are many best practices across a wide range of events that are not being documented; pockets of ‘isolated experience’, local knowledge of crowd risks and appropriate risk-management techniques, things that work and things that don’t work. However, the principles of risk analysis do not exist as a consistent approach across the industry as a whole. Mistakes made in one part of the country, or at one particular type of event, or concerning a specific type of crowd behaviour, are neither captured nor published – so the system does not improve. Nobody wants to admit to a near miss, but, unlike any other safety-related industry, event planning has no standards for competency; anyone can call themselves an event planner without accredited qualifications and invite tens of thousands of people to their event. That, in turn, creates a market for these crowd-safety simulations with their promise to ‘ensure safety at your event’. They offer a shortcut; why do you need to hire in, or learn the skills of risk analysis, if a vendor tells you their crowd simulation can do it for you? If the simulation vendor is offering you the assurances of crowd ‘safety’ at your event, just read the small print, absolving them of all liabilities and remember; caveat emptor – let the buyer beware. Professor G Keith Still FIMA FICPEM SFIIRSM is the Professor of Crowd Science at Manchester Metropolitan University, UK. His workshops and courses are run around the world – www.GKStill.com ICSS Journal – Vol 2 | No 4 81 Technology Technology Monitoring the crowd: privacy, data protection and best practice Laura Scaife discusses the increasing use of crowd-monitoring technologies to manage safety at major sports events, and examines the data-protection and privacy issues that these technologies present from a legal perspective I ncreasingly, sporting events are being held on a large scale, ranging from Olympic events and World Cups to Super Bowls and city-based motorsports. These events are attended by huge crowds and are also shown on large monitors watched by spectators outside the sports grounds. While a huge crowd is an indication of a successful event, it can pose significant safety challenges for event organisers. Such events can be charged with excitement and emotion, making crowds a challenge to understand or manage in the short space of time in which an event can become a critical incident. Crowd behaviour can 82 ICSS Journal – Vol 2 | No 4 be unpredictable and does not necessarily follow plans or the modelled predictions that are developed by event organisers. Therefore, event managers can find themselves faced with difficult decisions to make with regard to managing a security or safety issue, based on how things unfold in ‘real time’ on the ground. New technologies are available to operational decision-makers tasked with making live assessments of crowds in order to ensure that timely interventions are made to deliver safe, enjoyable and profitable events. But what is the value of the technologies in this context? ICSS Journal – Vol 2 | No 4 83 Technology The issue of crowd security in a football context has had a long and complex history. Arguably, 1985 was the watershed moment in terms of governmental and police responses to football violence. At Bradford City stadium, 56 people were killed by a fire. Serious disorder occurred at the grounds of Birmingham City, Chelsea and Luton Town. Furthermore, some Liverpool fans were seriously implicated in the deaths of 39 football supporters, most of them Italian, prior to the European Cup Final between Liverpool and Juventus at the Heysel Stadium in Brussels. Although 1985 proved to be the start of a change in the way in which crowd security was approached – with the introduction of CCTV, hoolivans (a technology deployed at high-profile games that enabled police to maintain radio contact with all officers inside and outside the grounds, and to be linked with the CCTV cameras in and around the stadium at events) and the increasing use of stewards in the grounds – few will ever forget the events that occurred on 15 April 1989 in Sheffield, UK. During the FA Cup semi-final match between Liverpool and Nottingham Forest, a human crush resulted in the deaths of 96 people and injuries to 766 others. When the gates were opened, thousands of fans entered a narrow tunnel leading to the rear of the terrace into two overcrowded central pens, creating pressure at the front. Hundreds of people were pressed against one another and against the fencing by the weight of the crowd behind them. Hillsborough remains the worst stadium-related disaster in British history, and one of the world’s worst football disasters. The 1990s saw a shift away from using police to control fans inside the ground, with clubs relying more and more on stewards employed by the clubs themselves. As technology has developed, so did its deployment as a crowd-control and monitoring method. The National Criminal Intelligence Service (NCIS) Football Unit serves as a useful example of how technology was used to complement the work of the police, as regards strategy, to tackle hardcore offenders. The unit became fully operational in 1990, staffed by six full-time police officers led by a superintendent; by 1992, the database operated by NCIS had amassed over 6,000 names and photographs of individuals, which would be used to identify offenders and conduct monitoring. In the interim years, there has been a move towards ensuring crowd security, and implementing control methods to ensure crowd safety with good-practice guides such as Crowd Management Measures: FA Good Practice Guide for Football Clubs. However, in the present day, arguably the first truly digitally connected age, the proliferation of social media and smartphones has meant that crowds can be quickly mobilised. Whereas previously, a hard core of radicalised fans or individuals seeking to cause insurrection would have had to plan how to cause disruption (the football hooligans of the 1980s transformed themselves from an ill-organised mob into highly organised forces with a complex network of hierarchies), in the technological age, disruption can be started at the click of a smartphone, or with a Facebook post that captures crowd sensitivities (as was seen in 84 ICSS Journal – Vol 2 | No 4 Technology Hillsborough Stadium in Sheffield, 1989, when a crush resulted in the deaths of 96 people and many more injuries. The disaster highlighted the importance of crowd control as thousands of fans were streaming through the centre of London. The data, which was given voluntarily and anonymously, was then analysed and visualised on a map. By using this kind of crowd monitoring, the City of London Police could follow the streams of visitors live in their borough, recognise potentially hazardous situations early on and inform visitors directly. ‘Big data’ and the Data Protection Act 1998 While the type of technology deployed during the Olympic Games had a clear utility, and the technological capabilities were demonstrated to map well onto the challenges faced by event organisers, when discussing the application of this type of technology it is important to consider what the ‘big data’ (which feeds into such heat-mapping technology) actually is and how it is regulated. While such advances in technology appear to be cutting-edge, big data has been a major topic of discussion in Europe for a number of years. Indeed, the phrase ‘data analytics’ may have become a buzzword in digital speak, but it is worth pausing to consider what big data analytics actually covers in order to look at its uses and limitations in the context of sport. It is important to consider what ‘big data’ actually is and how it is regulated David Cannon/Getty Images the London riots in 2011). While people with a history of disruptive behaviour will clearly be of interest, in theory anyone could mobilise a crowd with little thought. While traditional monitoring methods will remain important, technology that can monitor crowds and their personal devices is increasing in importance, too. The dynamics of large crowds of people cannot be easily measured, and security forces can rarely react directly in critical situations. Therefore, location data can prove a rich and valuable resource when identifying areas of risk based on quickly changing patterns of crowd behaviour. Heat mapping Heat mapping involves monitoring crowded places and automatically generating real-time information and insights into the crowd as it develops, for example: ■■ how many people are present; ■■ how they are distributed; how they are moving; how they may move next; and ■■ whether any behaviour indicates that unusual activity is occurring. ■■ ■■ The technology also offers the ability to analyse crowd characteristics over extended periods of time, which can be of use in terms of reflecting upon events, when drafting impact assessments going forward and when determining how measures designed to manage crowds can be adapted and/or improved. By way of example, a smartphone app was used for the exchange of information between the City of London Police and visitors to the 2012 London Olympics. Using integrated crowd-monitoring technology, crowds were tracked in real time and given relevant security information. The smartphone apps of the City of London Police and Westminster City Council sent sensor data collected by mobile phones to a server Typically, analytics is characterised by volume, variety and velocity. Through the use of algorithms, the data can be utilised to understand trends. While there is a conception that big data is not personal data about a person (data from which a living individual can be identified), there are examples of big data analytics that do involve processing personal data, from sources such as social media, loyalty cards and contactless payments. A further example drawn from the London Olympics was the use of Oyster cards (the Transport for London smart travel card), which measured ‘touches in’ and ‘touches out’ on the London Underground in order to pinpoint congestion as crowds moved around the city. Alerts were set up to let crowds know in real time where congestion was occurring and suggest alternative routes, thereby keeping travellers to the Olympics calm, as well as preventing bottlenecking on the Underground network. Where personal data is being used, organisations must ensure that they are complying with their obligations under the Data Protection Act 1998 (DPA). In the rather apt words of the Information Commissioner’s Office (ICO), the United Kingdom’s privacy watchdog, “big data is not a game that is played by different rules”. Given that a key feature of big data is using all of the data that is available on an individual, which contrasts with the concept of data minimisation contained in principle five of the DPA ICSS Journal – Vol 2 | No 4 85 Technology Technology David Pearson/Alamy Anthony Devlin – WPA Pool/Getty Images During the London Olympics, Oyster-card data was used to pinpoint areas of congestion in the city principles, questions are raised as to whether big data is excessive, while the variety of data sources often used in the analysis may also prompt questions over whether the personal information being used is relevant. The challenge for organisations is to address this by being clear from the outset on what they expect to learn or be able to do by processing that data, as well as satisfying themselves that the data is relevant and not excessive, in relation to that aim. Organisations must also be proactive in considering any information security risks posed by big data. Security depends upon the proper assessment of risk, and so responsible organisations should apply their normal riskmanagement policies and procedures when they acquire new data sets, or use existing ones for big-data analytics. Information security Big data can also be a tool to improve information security. In the context of large events, data security will be key in order to avoid such valuable data getting into the wrong hands. It is no stretch of the imagination to envisage that such data on crowd volume would be extremely useful for insurgents plotting terrorist attacks. Systems that support the processing and transmission of data (for example to stewards) should therefore regularly be subjected to penetration testing to ensure that they are robust enough to prevent penetration by those who may seek to use the data for darker purposes. If adopted, the proposed European Union General Data Protection Regulation could improve the level of data protection for individuals in the context of big data analytics, in that it aims to increase the transparency of the processing, enhance the rights of data subjects and introduce a requirement for privacy by design and privacy impact assessments. The ICO stresses that these data protection benefits should be achieved through a riskbased approach that avoids over-prescription. When it comes to managing data protection compliance practically, the DPA requires all data 86 ICSS Journal – Vol 2 | No 4 Staff monitor screens in the Olympics security control room during London 2012. CCTV is now widely used at sports events controllers ( those who determine the manner and the purpose of processing), when processing personal data, to comply with the data protection principles set out in Schedule 1 to the DPA (section 4[4]). In terms of identifying the data controller, the Guide to Safety at Sports Grounds, published by the UK’s Department of Culture, Media and Sport, states that “responsibility for the safety of spectators lies at all times with the ground management. The management will normally be either the owner or the lessee of the ground, who may not necessarily be the promoter of the event.” The first data protection principle provides that personal data must be processed fairly and lawfully, and must not be processed unless at least one of the conditions set out in Schedule 2 to the DPA is satisfied. Among other things, Schedule 2 permits the processing of personal data if: ■■ the individual to whom the data relates has consented to the processing; ■■ the processing is necessary to perform a contract with the individual; ■■ the processing is necessary to protect the individual’s ‘vital interests’ (this condition only applies in cases of life or death); the processing is necessary for administering justice, or for exercising statutory, governmental or other public functions; ■■ the processing is necessary for the legitimate interests of the data controller or a third party to whom the data is disclosed, except where it is unwarranted because it is prejudicial to the individual. ■■ The first four grounds are preferred as grounds to justify processing, as the disadvantage of relying on the ‘legitimate interests’ condition is that it is open to the individual to demonstrate that their own rights and freedoms have been prejudiced by the processing. According to case law in this area, a data subject’s interests remain paramount even if a company can establish its own legitimate interests. If at all possible, it is advisable to obtain consent rather than rely on the legitimate interests condition or another of the conditions. When considering how to balance the need to control crowds against the potential prejudice to an individual’s privacy, one route to consider is anonymisation, which, if done correctly, means that the information being analysed is no longer considered personal data. In a world of multiple data sources, effective anonymisation can be challenging, and organisations must carry out a robust risk assessment. Anonymisation and best practice By way of example, Telefonica’s Smart Steps tool uses data on the location of mobile phones on its network in order to track the movement of crowds of people. The data that identifies individuals is stripped out prior to the analysis and the anonymised data is aggregated to gain insights into the population as a whole, and is then combined with market research data from other sources. However, depending on the exact circumstances in which tools such as this are used, there could be a residual risk of identification, and it is often difficult to create a truly anonymous data set if the underlying information is still retained. A recent opinion issued by Article 29 Working Party, the EU think thank charged with privacy matters, recommended that regular risk assessments be undertaken in order to manage such risks. It would therefore, if possible, be good practice to refer to the use of data analytics in the terms and conditions that ICSS Journal – Vol 2 | No 4 87 Technology In recent years, organisers and grounds have invested in better infrastructure, planning and technology FA Good Practice Guide for Football Clubs, to provide a briefing to supervisors, stewards and other personnel involved in the safety operation (for example, first aid personnel and turnstile operators) that deals with details of the event and any anticipated problems; the customer care, well-being and safety management strategies and objectives; tactics for achieving these strategies and objectives; and assessment of the main risks of the event and the contingencies for dealing with them. One key area addressed in the good practice guide looks at the means by which personnel will be informed and directed, as well as the receiving of feedback to identify any ongoing issues. Therefore, perhaps the greatest use of new technologies to deliver security strategies and manage crowds effectively is deploying them in a way that complements the strategy rather than becoming a substitute for it. Data processors There are various players in the market offering crowdmonitoring technology software and capability in the context of sporting events. However, while on first glance a particular provider’s sales pitch and promotional materials may appear appealing, event organisers and clubs need to be sure that they choose a supplier that can guarantee compliance with the law, as well as offering a method through which to deliver sophisticated technology-based crowd monitoring. The DPA requires that a data controller using a data processor (any person other than an employee of the data controller who processes the data on behalf of the data controller), must put in place a contract or 88 ICSS Journal – Vol 2 | No 4 evidence in writing that the processor only acts on instructions from the data controller, and that it has security in place that is equivalent to that imposed on the data controller by the seventh data protection principle of the DPA. This principle requires the data controller to ensure that appropriate technical and organisational measures are taken against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data. Data controllers must also ensure that data processors provide sufficient guarantees about their security measures to protect the processing, take reasonable steps to check that those security measures are being put into practice, and require data processors to take the same security measures that the data controller would have to take if it were processing the data itself. In terms of risk management and compliance with the law, it is therefore critical to perform appropriate due diligence on any company providing such services and ensure that there are robust data protection and security controls in such contracts. Under the Draft Data Protection regulation (scheduled for implementation in late 2016), which is currently making passage through Europe, the requirement for data privacy impact assessments to be undertaken may go on a legislative footing. Therefore, in terms of future-proofing, thinking about DPA concerns as part of general security-management methods would be a good idea for the relevant event stakeholders. There should also be liability provisions in case the worst should happen and the event organiser or club is left with a claim for damages by a distressed individual alleging privacy infringement, or when dealing with a complaint from the regulator. Data retention The value of data in respect of crowd management often lies in the ability to gather data over a period of time. This will usually involve collecting data over long periods of time in order to be able to identify trends and patterns of behaviour. One of the key challenges posed by the creation of databases is how long data can be kept for. The DPA does not set out any specific minimum or maximum periods for retaining personal data. Instead, the fifth data protection principle states that personal data must not be kept for longer than necessary. In practice, this will require organisations to: ■■ consider retention periods; ■■ consider the purpose or purposes for which they are processing the information; ■■ securely delete information that is no longer needed for this purpose or these purposes; and ■■ update, archive or securely delete information if it goes out of date. If large amounts of data are gathered and it is not anonymous or the underlying non-anonymised data set is retained, data controllers should take care to ensure that the lawful retention of such data is regularly reviewed. Data controllers should also make sure that A steward performs security checks before a game. The increasing use of stewards in football grounds characterises modern event-security practices Daniel Hambury/EMPICS Sport are communicated to event attendees and ticket holders. Such terms could be displayed on event websites and in apps. Furthermore, the transmission could, in theory, be limited to a particular area and only activated in critical situations for a defined time period (which may be all that is needed to deal with critical security issues, and which may be justified under another ground for processing, such as the vital interests of the data subject). While examples such as London 2012 demonstrate that big data can lend itself well to large sporting events management, in recent years organisers and grounds have invested in better infrastructure, planning and technology in order to ensure fan safety. Additionally, at every football match the safety officer (or his/her deputy) is recommended, under the Crowd Management Measures: Technology any arrangement with a data processor providing such mapping solutions covers the deletion of data and audit rights during the life and upon termination of the contract for services, to ensure that data is not being used by the provider company for purposes not permitted by the data controller, or, more concerning, that the data is not being used or sold to other event organisers without the appropriate consents having been sought. Although beyond the scope of this privacy-focused article, it is worth noting some points in relation to intellectual property. While there is no ownership in personal data, there may be intellectual property rights vesting in the construction of any data set (see the 1996 Database Directive 96/9/EC). Therefore, those engaging specialist analytics providers should think about protecting the value of any such data set that may be of use to other event organisers, and ensuring that any intellectual property vesting in the data remains the property of the data controller and reverts to it in the event of the termination or a breach of the contract. If this is not considered, the service provider could obtain rights in a valuable data set and the data controller may leave themselves open to the risk of a data breach if the provider does not ensure that any underlying personal data in the data set is deleted or shares it with a third party. Managing the safety of spectators at sports grounds is a skill that requires significant knowledge, expertise and experience. The crowd-management measures outlined in this article form a small but important part of the wider task of crowd-safety management, and also demonstrate that with the increased ability to monitor crowds comes an increased sense of responsibility and the need for a focus on legal compliance. Even without technological aids and a higher level of resources, there are basic steps that sports clubs at every level can take to reduce the risk of spectator misconduct within the grounds, to identify and deal with such offenders and to promote good behaviour. In the next article in this series, we will take the examples explored in the previous two issues and apply them to a case study of a fictional international football event that draws large crowds and raises logistical issues, looking at the challenges presented when crowd control threatens to turn into public disorder, and at how data can be used to target areas of congestion or heightened activity, dispelling issues before they have the potential to cause a fatality or riot. Laura Scaife is a data protection, social media and privacy specialist with a sports focus. She can be reached at laurascaife.ls@googlemail.com or on LinkedIn ICSS Journal – Vol 2 | No 4 89 Technology Technology Beacon technology: a solution for micro-localisation in stadia As stadia managers seek to satisfy fans’ desire for ubiquitous communications and utilise connectivity to their advantage, they must decide among a range of solutions. Tracey Caldwell explores the uses and limitations of beacons 90 ICSS Journal – Vol 2 | No 4 In most stadia there is a crowd-control consideration when thousands of people try to access food and drink kiosks during the interval. Beacons could have a role to play in distributing fans evenly across the stadium by counting fans with the app close to a retail kiosk and notifying them about which kiosks have the smallest queues. Of interest to stadium security management, the security team at Virgin Atlantic has been piloting beacon technology to direct passengers. For example, passengers joining the airport security channel would find their phone automatically displaying their boarding pass ready for inspection and receive special partner offers. Other uses are also being looked at. The US leads the way Beacon technology is already well established in US stadia. The National Football League (NFL) installed a network of iBeacons in New York City’s Times Square and the MetLife Stadium for the 2014 Super Bowl, while Amway Center stadium, home of the basketball team Orlando Magic, has installed around 20 iBeacons. Via the iBeacons it hopes to provide the ability for fans to access their tickets, upgrade their seats and receive notifications on special offers, as well as informing them of the shortest queues for facilities. Magic CEO Alex Martins is focused on fan experience: “As the first NBA [National Basketball iStock Images B eacons provide in-stadia location and communication technology at a much lower cost than established Wi-Fi, cellular and telecasting technologies. The advantages of this technology look likely to drive beacon environments that can support enhancements to stadium safety and security, including improved navigation and wayfinding at every level, emergency alerts, tracking of staff or business visitors, and support for those with visual impairment or overseas fans who may not read the language used in the stadium. Beacons are proximity sensors based on Bluetooth Low Energy (Bluetooth version 4.0). Apple’s iBeacon technology is built into its operating system, which means that every device with Bluetooth turned on acts as a transmitter and receiver in the iBeacon system, alerting apps when users are close to a beacon. This technology is not restricted to Apple products – iBeacon supports Android, and other beacons are available. The earliest beacon applications tended to be related to retail, tapping into micro-location capabilities to deliver targeted messages and special offers. In stadia, the precise location capabilities can be used to advise people of the nearest toilets and for in-seat ordering. Apple is reported to be working on a loyalty programme that would reward people for using Apple Pay, via iBeacon implementations, which could power in-seat payments for food, drink and merchandise. Beacon technology has the potential to revolutionise in-stadium fan experience and event-security management ICSS Journal – Vol 2 | No 4 91 Technology Technology San Francisco 49ers combine Wi-Fi and iBeacons for wayfinding Around 1,000 beacons sit on hundreds of Wi-Fi access points at the Levi’s Stadium, the new home of the San Francisco 49ers. Levi’s Stadium’s network was built on Brocade switching and Aruba technology, including iBeacons and also Beacons for Android. Jeff Hardison, former Vice President at mobile software company Meridian, now Marketing Director at Aruba Networks, told ICSS Journal: “Stadia are wrestling with people bringing their smart devices into these venues and expecting the same kind of location awareness as they get from other types of applications, such as Google Maps or Yelp. That is why Levi’s Stadium created a wayfinding application using Aruba’s Meridian app.” Hardison points out that “Wi-Fi would locate people to within 30 metres, and may take up to two minutes to do that, whereas iBeacons can locate people to a range of one metre within seconds.” Hardison believes beacons will be very useful when there is construction work going on, enabling the rerouting of people away from the normal paths: “Also for push notification, so that if there is an emergency such as a riot at a certain stadium, only people in that stadium at that time – people who have downloaded the app – get notified.” Aruba has not yet set its pricing for beacons, but Hardison says, “It will be competitive in a market where the average price for an iBeacon is $25-$35 – so tremendously more economical than Wi-Fi.” Association] team to offer one-to-one personalised experiences enabled by iBeacons and integrated with our mobile app, it allows us to build on our mission of providing legendary moments every step of the way.” NBA team Golden State Warriors, too, has introduced iBeacons to its Oracle Arena for potential uses, such as seat upgrade notifications, welcome messages and in-arena offers. Oracle Arena iBeacons also provide a parking map and a function that shows live traffic conditions in the sports venue’s immediate area. Also in the US, Major League Baseball (MLB) has installed iBeacons at 20 ballparks. Mobile devices installed with the requisite app can access beacons at the stadium entrance, which enables the device to display the barcode of the fan’s ticket and direct him 92 ICSS Journal – Vol 2 | No 4 Marcio Jose Sanchez/PA Images San Francisco 49ers players at the Levi’s Stadium, where around 1,000 beacons have been installed, enabling wayfinding and other functions or her to their seat via a map, while highlighting nearby points of interest. Gimbal, supplier of proximity solutions, has been working with MLB to: “Beacon-enable stadiums to message to fans that are in micro-locations, such as telling them that if they are standing in a long concession line that they may find shorter lines another gate up. This is something we are doing with Miami Dolphins,” says Brian Dunphy, Gimbal Senior Vice President of Business Development and Partner Relations. “Beacons can also help trigger stadium service alerts, such as triggering messages to alert fans that an elevator is broken or they need to exit a certain way in the event of an emergency. Beacons can also be used for enhancing indoor location and wayfinding. While we don’t like to say they are superior to other location technologies, they certainly have benefits in certain circumstances over other location technologies, such as providing micro-location details where GPS can’t when indoors,” adds Dunphy. As well as MLB, Gimbal iBeacons are deployed in over 50 major sports and entertainment venues. “The variety of use cases continues to expand across teams that continue to experiment with different fan experiences, including creating personalised experiences on digital displays triggered by fans who are in proximity of the screen,” says Dunphy. In the United Kingdom, in early 2014, Wembley Stadium was reported to be planning to work with mobile service provider EE to introduce iBeacon technology, but widespread implementation is yet to be seen. Mike Crooks, iBeacons Development Director for app company Mubaloo, believes that beacon technology uptake in the UK will not be driven by fan experience and upselling as in the US, due to the different nature of UK sport. “There is only so much football clubs can sell during the time a fan is at the stadium. A fan will spend two hours in the stadium at best. If I sell a few extra pies it does not add that much revenue intake to the business, whose main source of revenue is through sponsorship,” says Crooks “The opportunity is with the enterprise, looking at how the operations are run and how the staff and security work. We are talking to UK stadium management – people are expressing an interest and there are conversations under way,” he adds. Crooks points out that from the point of view of fan safety and security, it has to be taken into account that ICSS Journal – Vol 2 | No 4 93 Technology a mobile marketing company that is working on a number of iBeacon installations, says: “We envisage that there will be huge take-up of iBeacons in stadia for multiple reasons. Virtually every body and club we are working with is considering the commercial opportunities.” Lancaster adds: “It’s unlikely a fan would download an app purely for safety messaging. There has to be something instantly gratifying in it for them, like a promise of a discount for downloading an app etc. I envisage marketing and safety moving forward hand-in-hand with regard to iBeacon usage. Clubs could use them for crowd control to direct people away from bottlenecks or areas where trouble has broken out.” Warbler Digital’s Moball platform bundles iBeacons with digital tools, including a content management system (CMS). As people pass through a turnstile they may be welcomed with a personal video from the manager or a popular team player, says Lancaster. This could include a discount for merchandise or equally could be a safety message containing specific information about fire exits and toilets and what to do in a crisis. It could also warn them about unwanted behaviour, such as racist chanting, reminding people of the penalties. Geofencing technology Lancaster also points to the potential for associated geofencing technology. “This really cool feature seems to be being forgotten over the iBeacon hysteria, but they work best together. Geofences can create a much larger hotzone for messaging by simply dropping pins on a map. The whole area of the stadium or a town can then be covered without the need for hundreds of iBeacons. The app users then receive information as they enter the perimeter of that hotzone. This could alert passing fans that there are tickets left, for example, or direct them to entrances,” she says. Lancaster believes that the single biggest barrier to Beacon uptake currently is the availability of the 3G network. In practice, when a stadium is full, often the local 3G and even 4G networks fail to deliver under the strain of high usage. Bluetooth-based beacons would still be able to communicate with mobile devices in the absence of cellular network – indeed this is a major benefit for safety and security – but many apps work best in conjunction with cellular network if they are to download video and other rich media from the cloud. Alick Mackenzie, grassroots and inclusion specialist at Enabled City, believes that wayfinding has applications for many people, not just those with visual impairment, including people who do not speak English, have low literacy, or who find traditional linear maps hard to follow and may benefit from a visual representation of stadium locations. iBeacons can provide real-time indoor tracking information for these users and lead them from the entrance of the stadium to their seats, via stairs and lifts, using 3D navigation for different levels within the building. Visually impaired people will be able to have iBeacon A beacon implementation is only as good as the app that works with it “If you want to do very accurate XY coordinate positioning then there is nothing on the market that can rival beacons for that. We can achieve one metre of accuracy and very low latency in updates and they are a much cheaper option than using Wi-Fi for that,” he adds. Also in the UK Football League, sponsor Sky Bet has introduced iBeacons at the Leeds United stadium, Elland Road. The free service, tested at Elland Road during a game with Sheffield Wednesday, is provided through Sky Bet’s mobile apps. The company’s Head of Sponsorship, Edwin Martin, says: “This is cutting edge technology that we’re trying out, and hope to offer football fans a range of special offers in the near future.” App driver A Beacon implementation is only as good as the app that works with it. App developers are turning their attention to iBeacons as the relatively low associated hardware cost allows for new and innovative applications. Helen Lancaster, Communications Director at Warbler Digital, 94 ICSS Journal – Vol 2 | No 4 2012-2014 © by Estimote, Inc not every fan will download the app: “There is a limited population using the application. However, from the perspective of the athlete or sportsman or woman, as with the Olympic village where the athletes are moving about between amenities, there are security aspects, and the stadium management are accountable for the athletes’ wellbeing.” In this case, he explains, athletes may be instructed to use the app on their devices in order to ensure their wellbeing: “Every athlete has to use the app as policy and the beacons serve that process. This reduces the barriers to participation.” Crooks also points out that beacon technology could take some of the strain from cellular or Wi-Fi networks: “The problem is in the stadium bowl area – that requires a high density of access points to service that many people. The bandwidth causes the issues, so having navigation or alerting apps that are triggered off beacons would reduce the problem of access and offload capacity elsewhere.” He adds: “There is a privacy issue about what data you collect and what you intend to do with it, but it is possible to build up a picture of how the stadium is being used, how people are moving around it and where people are congregating, and this data could have an impact on how you alert people to hazards or if you need to evacuate, how you manage the crowd, the flow of people, how you handle queues and positioning retail outlets for optimum crowd safety. Using those analytics to inform how the stadium operates could be quite powerful.” Crooks estimates that a stadium could get a solution that uses beacons for around £100,000 ($156,000). “You would get the full solution with a decent app,” he says. Technology A beacon and its associated app sending push notifications to a shopper. Such technology has a multitude of commercial applications in stadia track their location and provide spoken directions and sensory information, directing them to their seats. Enabled City is looking at integrating iBeacon tech with its PhotoRoute app to provide wayfinding for people who are visually impaired. The London 2012 Olympic and Paralympic Games used PhotoRoute. Enabled City has been working with UK football club Tottenham Hotspur to provide, via its PhotoRoute app, matchday wayfinding from the nearest public and private transport to its stadium, White Hart Lane, and internal stadium wayfinding from public transport and car parking locations. Enabled City is planning to trial the app via an iBeacons pilot in preparation for the club’s new stadium, which is scheduled to open in 2018 at a site next to the current stadium. “Our approach is to get it right for people who have support needs first. If we design things well then everyone else can take advantage of them. People are often concerned about doing stuff around disability as they are worried about getting it wrong, so they do nothing, but it is important to make it safe for everyone,” says Mackenzie. Tottenham is also using Photoroute for community work. Enabled City has developed technology to track young people coming from school to participate in community programmes, so that their key worker can see where they are. “If someone deviates off the route they will get a message and their support worker will see that as well. That works for people with learning disabilities and who are visually impaired,” says Mackenzie. Enabled City also points out that fans will be able to report safety hazards or confrontations between fans of opposing teams in real time to stadium staff, who will be able to track the user’s location and appear on the scene quickly. Customer services will also be able to message fans directly with safety alerts and warnings based on events at their location. Beacon technology looks set to drive innovation in the fields of safety and security. José Miguel Burgos, a football consultant, points out: “The way people interact with mobile devices is different from what it used to be three or four years ago, when people would start the interaction with the device to search or find something. This has changed; nowadays devices start the interaction with the user based on information available upon specific geolocation.” He adds: “I would [envisage] setting up a beacon in each emergency exit of the stadium and once a fan passes by, it makes you aware of it, so in case of a disaster your mind is already set as to what is the closest emergency exit.” In his opinion, the main barrier for stadia considering implementing iBeacons is the development costs for the app, “since the actual beacon hardware is so cheap nowadays, that is not a barrier”. Burgos adds that the main technical issue for stadia considering implementing iBeacons may lie with where to install the multiple beacons. “They have to be placed in different areas of the stadium that can’t be accessed by a fan in an easy way, otherwise they might just take it, or damage it,” he says. The relatively low cost of entry, precise location capabilities and lack of reliance on Wi-Fi and 3G look likely to drive beacon technology into stadia and provide an important platform to enhance safety and security. Tracey Caldwell is a business technology journalist ICSS Journal – Vol 2 | No 4 95 Legacy Legacy How will sport ride the new technology wave? Dr Shaun McCarthy discusses how sport is likely to be affected by the rapid changes in technology that are happening across society, and how sport can help communities adjust to new social and economic environments A s a child in South Africa, I used to watch surfers trying to catch some of the thunderous waves off the Umhlanga Rocks in Natal, the African equivalent of Hawaii. Each surfer was focused on catching the big one, and every so often, two large waves would follow in close proximity and merge into a maelstrom of towering water and white foam. Few surfers managed to ride this powerful force, but those who did rode high. What struck me was not the fact that many tried and few succeeded, but the persistence and determination of each surfer to ride the wave. The modern world has been swept in the past 20 years by two technology waves. The first saw major advances in computing, which has exerted a profound impact on the world of business and industry. The second is the explosion of connectivity, internet, Wi-Fi and cellular technologies, which is not only reshaping business models across many sectors through the powerful momentum of analytics, cloud computing, but it is also changing wider social behaviour – the way we live and work. The merger of these two waves, the biggest wave to ride so far, is what we call social media, the amalgamation of computing and connective capacity in the hands of the public. This is currently empowering individuals economically through greater and more immediate knowledge, and empowering them politically by making it possible to share ideas, opinions, and experience on a global basis. How this will change society’s consensus on how to manage resources and distribute power has yet to be seen, but changes in social behaviour are already clear. 96 ICSS Journal – Vol 2 | No 4 Who books a hotel without reading five or six recent reviews? Who spends an evening out without using their connected device at least five times? Who interacts only with those physically close to them? These technology changes are also affecting businesses. The term SMAC (Social, Mobile, Analytics, Cloud Computing) denotes the technical advances that now make information more valuable than material resources in any organisation – at least according to the literature.1 This seems unlikely to be true for all organisations, but given the prominence of the claim, we should at least ask how true it may be of sport. In any case, SMAC proponents argue these factors are not just changing IT, but transforming the entire business model for organisations, and suggest that organisations that do not adapt get wiped out by others that do. So we have a technology advance affecting social behaviour at an individual level, and changing the way that organisations do business. Why discuss this here? For those of us concerned with sport, one question is how these changes will affect it over the next 30 years: not just elite, organised sport, but also in the broadest sense of leisure. Sport is a part of society and culture, and if there are big changes going on in society, sport is going to change as well. So, is sport as we know it going to ride these waves of change or get wiped out? Another question is whether sport can itself play a role in helping communities, cities and countries ride this wave? Are there values inherent in sport that can assist communities that are experiencing dramatic change? To help get a perspective on the possibilities for sport, I want to look briefly at what is happening in some other sectors. This is not meant to be a ICSS Journal – Vol 2 | No 4 97 Legacy Legacy From barrels to bits The laws of disruption Some countries in the Middle East are highly dependent on hydrocarbons as their core industry. They are actively searching for waves to catch in order to diversify their economies and create jobs. They are faced with the challenge of being able to transcend building economic diversity and complexity based on the old industrial models. Some of these countries are rapidly developing knowledgeeconomy capabilities, as seen in Qatar Foundation’s Education City, Dubai’s Media City, Abu Dhabi’s Masdar Institute and King Abdullah University for Science and Technology in Jeddah. In addition, these countries command significant petro-chemical assets that are base feedstock for the manufacture of poly-carbons, plastics and materials required for 3D printing. They also have internet access. Thus at a macro level, they command three key ingredients required to participate in and stimulate the growth of an Adaptive Virtual Enterprise Manufacturing Economy (ADVENTURE) and leap-frog industrial economies to catapult their younger generations onto the big wave. The architecture to connect all the potential activities and knowledge contributors could resemble the illustration below. In this new adaptive industrial and commercial world, the area where the highest value potential is to be found will not lie in the ownership of 3D printers or similar such peripherals. One only has to look back at the example of Microsoft versus computer manufacturers to learn that lesson; Bill Gates realised that future value did not lie in the hardware, but rather in the software, the blood that would course through the veins, carrying data and nutrients to be more specific, the operating system, such as Windows. IBM found that out the hard way. And without the switchgear and router firms, such as Cisco Systems, which provide the exchange through which all the code is transmitted and routed to the right user in time using data packets, the IT industry would not have been a success that it is today. What do we learn from that? In the world of SMAC and adaptive manufacturing, the entities that can assimilate, integrate and propel the myriad contributions from individual content providers at the right time, in the right sequence to the adaptive manufacturer, will dominate the synapses of the entire industry. This is where the money and the power will reside. Exponential v incremental change Technology change Social change Business change Political change Time Differential rates of technology, social, business and political change. Based on Downes and Mui, Unleashing the Killer App: Digital Strategies for Market Dominance (2000) Quality and standards enforcement Innovation generation initiatives Process integration Aggregate execution and monitoring Product customisation & enhancement The sports ADVENTURE architecture Plug-and-play virtual factories: aligning components to develop, optimise and monitor growth SMAC Influence Micro-factory alignment Virtual production Distribution Virtual design & systems Customer feedback mechanisms Market research Source: ICSS comprehensive approach, but rather to get some ideas that we can then consider in the environment of sports. First, let us look at the automotive sector. In 2012, BMW Group and Local Motors launched a collaborative design and development project called ‘The Urban Driving Experience Challenge’. According to a report by Asit Kumar, the project “asked the Local Motors community of nearly 30,000 designers, engineers, fabricators and enthusiasts to identify the future premium vehicle features and functions that will define the urban driving experience in the year 2025. The three-week competition was held on the Forge at LocalMotors.com from 25 September to 16 October 2012. By the end of the challenge period, nearly 3,500 individual design boards had been submitted in support of just over 400 innovative feature concepts.” In short, BMW crowdsourced design ideas and engaged with 98 ICSS Journal – Vol 2 | No 4 external automotive enthusiasts to help develop future products through an online, participatory process. Now, I want to cover another sector: pop music. Hatsune Miku is currently one of Japan’s most popular music celebrities, has supported Lady Gaga on her North American tour, and played her own shows in New York and Los Angeles. That she is a software-created avatar who can only appear holographically at live shows is not her most interesting feature. What is most interesting is that her fans write her songs and style her appearance – with the most popular lyrics and designs appearing at her live, holographic shows: in front of real fans, in real stadia. According to Kate Hutchinson, writing in the Guardian newspaper, “Miku was created in 2007 as the distinct avatar of voice synthesiser Vocaloid, software anyone can buy and use to make Miku music... [to] her creators, Crypton Future Media, she’s a “creative tool”, enabling collaboration in a way that’s been unheard of until now. Her songs – and there are more than 100,000 of them – have been written by her online community, many of whom work together and who have never made music before. New York Magazine called it ‘a wildly new model of pop stardom that’s both participatory and anti-hierarchical’.” Finally, here is a somewhat different example, but one that suggests how some approaches based in industry When utilised correctly, these protocols have been proven to maximise wealth and job creation through the development of intellectual property, applied knowledge and product development. Indeed, the AWRC model is based upon the successful Advanced Manufacturing Research Centre (AMRC), which in 2004 moved into its current location – another purposebuilt Sheffield facility. The AMRC exemplifies the model’s potential through the successful alignment of public and private sectors. The AMRC facilitated companies such as Boeing and Rolls Royce to collaborate with universities and other providers to facilitate knowledge exchange, job creation, applied research, training and development of new intellectual property. The AMRC model enabled the AWRC to follow a blueprint for success that has led to it being officially recognised as the research hub for the National Centre for Sport and Exercise Medicine in Sheffield. In addition to driving intellectual property development and economic growth, this designation means the AWRC will have a remit to use and test the viability of physical activity as medicine. The AWRC will ultimately create, test, evaluate and showcase innovations that have the potential to change behaviour and increase sustained physical activity and sports participation. The results of this will inform health policy, enhance the quality of life of local people and improve the health of large populations, all of which carry global ramifications. The AWRC model promises to bring together technology, sport and health issues to further drive development. To those ends, prospective research at such centres will likely explore the utilisation and application of techniques such as 3D printing for technological advancement in developing fields such as orthotics (see page 100), that promise much for reducing the problems disabilities cause. Social media will exert its influence here as well. The AWRC and those that mirror it promise to lead innovation through combining cutting-edge research and technology with educational development and knowledge leadership in the pursuit of enhanced bio-medical offerings and impactful proven health solutions to serious issues, such as obesity. Social change is happening and sport is unlikely to remain untouched by this are crossing over to the sport-related sector. The Sheffield Advanced Wellbeing Research Centre (AWRC) is a new initiative that has been specifically designed to take products and services related to the medical, physical activity, leisure and sports sectors through every stage of the design process – from concept to market. The AWRC will be based within a new multi-million pound stateof-the-art complex that lies at the heart of Sheffield’s Olympic Legacy Park (OLP). The OLP combines both indoor and outdoor facilities, which enables the design, research, evaluation and implementation of products that promise to impact across the medical, physical activity, leisure and sport sectors. This multi-dimensional process effectively mirrors technological readiness protocols that are utilised in other sectors, such as engineering. Relevance for sport So, what is the relevance of these examples for sport? The most obvious, though perhaps the hardest to appreciate, is that social and organisational change is happening now and the world will not be the same in 10 years, never mind in 30 years. Sport is unlikely to remain untouched by this. The second thing to note is that there is a shift towards greater participation and engagement. This is enabled by the technology and can be exploited by organisations that ‘ride the wave’. Individuals will chose whether to participate or simply consume. One would hope that the majority would chose to participate – creativity has more value than consumption in my view. A wide range of participatory opportunities will be important: creative, organisational, ICSS Journal – Vol 2 | No 4 99 Legacy Legacy Protecting children in sport Facilitating innovation in orthotics is an area requiring special attention to the main party involved: the patient. Using cutting-edge technology, it is now possible to create high-performance bespoke orthoses. These body extensions integrate with the human body to improve its potential as regards looks, sporting performance or to resolve medical issues. Using 3D printing in generative orthotics involves three key phases: • scanning of the patient’s limb; • generating the 3D model of the orthosis; and • construction of the orthosis. political, just as examples. Those organisations that actively drive such participation (whether clubs, governments, or companies) will reap the benefits. Another important message is the ‘anti-hierarchical’ nature of this development. The previous diagram (see page 99) shows the differences in technical, social and business change over time. In general, it is probably quite a good thing that political structures do not change as rapidly as technical or social ones – volatility is not always a good thing. But the differential rates of change do produce tensions. For now, it is sufficient to point out that the more hierarchical sports organisations, especially those with more vested commercial interests, are likely to have the greater difficulties in adapting to more participatory, anti-hierarchical social behaviour. Before drawing further conclusions, I think it is worth highlighting comments made by three speakers at the recent ICSS conference in London. Jose Ramos-Horta underlined the importance of engaging young people in society, and stressed that this could only be done if sport retains its integrity; Lord Sebastian Coe said that engaging with youth is what will define sport in this century; and Judge Fausto Pocar said that children must be able to participate in sport – not just watching games – but actually engaging actively in an event or sport, not necessarily on the field of play, but in one form or another. Why is this important? Participation, whether it is in sport or other activities, does not just help young people learn tolerance, cooperation and respect, it teaches them about agency – how their actions can impact the world around them. This is one of the great benefits that participation brings, and, as the example of Hatsune Miku demonstrates, it is what many young people crave. So, what conclusions can we draw? I think it likely that sport will split between those codes that have the least hierarchical organisational superstructures and those that have large, conservative administrations. The former will change continuously, be highly participatory in all ways – from the design of equipment through to event organisation – and will have a wide range of fans. The latter will change 100 ICSS Journal – Vol 2 | No 4 The production of orthoses can be aligned with professional physical therapists and rehabilitation specialists in order to advance solutions for patients, an activity that is also closely aligned with sport. This example of 3D printing output extends the application of this strategy from industrial manufacturing, such as that seen within the automotive industry, towards its utilisation across myriad fields – which could help achieve farreaching results that would be felt on an international scale. much less, will exist as spectator sports with a significant divide between the athletes and the fans, and will succeed as models of social values so long as they retain their own integrity. I should stress that both types of sport have their place and are good. They will just have different futures. The other question we asked is how sport can help communities adapt to the changes that technology brings? One obvious answer is to relate the passion that young people often have for sport to ways in which they can participate, especially ways that help them develop skills that they can use more generally. Whether these are technological skills, such as designing football playing robots, or business skills, such as publishing a fanzine, or social skills, such as helping build and protect their local communities – sport can act as a conduit. A more general sense in which sport can help communities in times of uncertainty is as a manifestation of solidarity. Richard Serino described at the ICSS conference in October how sports teams in Boston, and 2014’s edition of the Boston Marathon, had helped the city’s community to recover following the bombings at the 2013 marathon. The phrase ‘Boston Strong’ – an expression of solidarity and defiance – adorned the helmets of the Boston Bruins football team just two days after the bombings took place. While societal changes are not as extreme as bombing incidents, sporting events and teams can help to anchor communities and provide important expressions of solidarity. This may well be one of the important functions that the more conservative sports organisations referred to above serve for their local communities. Dr Shaun McCarthy is Executive Director of ICSS Enterprise Reference 1. Asit Kumar, SMACing the Automotive industry: From concept to consumer, Part 2, http://blog.valuelabs.com/miscellaneous/ smacing-automotive-industry-concept-consumer-part2/#. VILRxDHF_xU Dr Susan Bissell, Chief of Child Protection at UNICEF, provides a global perspective on the need to protect children in sport, and explores some of the most pressing challenges – from a lack of awareness, to persistent cultural norms overtraining to run marathons at the age of four. We had a longer history of the problems around gymnastics, where we were more cognisant of the effects of overtraining on small bodies. This is a huge project to undertake. Where did you start? The beginning was research, but we also started getting out into the field. We commissioned a study into child protection in sports and found that the need was ubiquitous; children in both public and private settings, basically wherever they are under the authority of adults, are potentially vulnerable. The ICSS The BMW/Local Motors project was one example of the potential that new technology holds for individuals to collaborate in the manufacture of a wide array of components, many of them associated with sports equipment. This potential also exists in areas such as biomechanics, orthotics, food technology and architecture. For example, companies such as the CRP Group are becoming industry leaders in international research and development of innovative materials and technologies through 3D printing. The emerging field of generative orthotics D r Susan Bissell is the Chief of Child Protection at UNICEF, the UN’s lead agency for children. Her career at UNICEF has included periods in the field in Sri Lanka and Bangladesh, and as Chief of Child Protection in India. Dr Bissell deals on a daily basis with the need to protect the world’s most vulnerable members from slavery, trafficking, disease, exploitation and hunger. She took time out of her busy schedule – the Ebola crisis was top of her agenda when we spoke – to discuss UNICEF’s role in protecting children in sport, and some of the key issues involved. When did UNICEF begin to work on this issue? UNICEF first began to get seriously involved around 2003-4 during the preparation of the UN Secretary General’s report on violence against children. Researchers at Brunel University, who had been working on violence against women in sport, identified this lacuna around sport and the protection of children at the heart of the Secretary-General’s report, and alerted us. Were there specific things that began to raise red flags for you? UNICEF was in a position to gather information globally. There were things we were aware of – the trafficking of boys from West Africa into Europe for football, and the trafficking of girls from eastern Europe to play volleyball. There were incidents involving child matadors in Mexico, young Thai kickboxers, an Indian child who was Did you meet resistance? Not resistance, more a lack of awareness, a failure to recognise the problem. Whenever we entrust children to the hands of others, there is always a risk of exploitation – that’s the challenge that exists in many, many forms and with many variations. It can come down to culture, to the way people are socialised – how sport is part of ‘turning boys into men’, for example. Is gender a big part of this? Does it mainly affect boys? No, the misery is shared, if not always the same kind of misery. For girls, it can be sexual exploitation prior to entering into elite athletics; for the LGBT community, there’s bullying and issues around masculinity. Obviously there is a very lucrative industry around sport. To what extent does money contribute to creating an exploitative environment? It’s a good question. UNICEF can’t be in the business of providing alternative livelihoods, but we recognise that we can do things in terms of prevention. For example, we’ve been working with football to ensure the trafficking of young players doesn’t happen. How about sport? Can it do more to address these problems? Sport is definitely moving forward on this. We’ve seen some developments within the IOC [International Olympic Committee]. Dr Margot Mountjoy, who’s a member of the ICSS Journal – Vol 2 | No 4 101 Legacy Children practise football in the mud in Dacope Upazila in Khulna, Bangladesh. Play is recognised by the United Nations as the birthright of every child ICSS I N T E R N AT I O N A L C E N T R E FOR SPORT SECURIT Y December 2014 | January 2015 Vol 2 | No 4 icss-journal.newsdeskmedia.com UNICEF/BANA2012-01083/Khan Asit Kumar, SMACing the Automotive industry: From concept to consumer Part 2 http://blog.valuelabs.com/miscellaneous/smacing-automotiveindustry-concept-consumer-part2/#.VILRxDHF_xU Kate Hutchinson, Hatsune Miku: Japan’s holographic pop star might be the future of music http://www.theguardian.com/music/2014/dec/05/hatsune-mikujapan-hologram-pop-star Chris Aaron Simon Michell Marion Flaig Dr Shaun P McCarthy Executive Director, ICSS Enterprise Art Director Art Editor IOC’s Medical Commission, has been fearless in taking this forward with her work on medical standards. FINA [Fédération Internationale de Natation] has been working on swimming. In Bangladesh [where drowning is a major cause of death for children] it’s good to teach children to swim for their own safety, and at the same time it’s an opportunity to think about other issues around keeping children safe in sport. What we’ll see coming down the pipeline is a proliferation of codes of conduct as more sports get involved. Countries like Canada, Australia, and the UK are among the leaders, especially in swimming and gymnastics. Who is taking this forward in the developing world? A lot of impetus is coming from communities, from the grassroots level, the clubs themselves – getting coaches and teachers trained and getting parents aware. UNESCO is working with developing curricula with teachers that are involved in interacting with children in sport and play. UNICEF itself has six strategies for ending violence against children in all situations, and these are applicable to sport: 1) getting policy on the books; 2) empowering young people – things like hotlines are very effective; 3) providing support for families – even sharing information is really helpful; 4) providing services for 102 Editor Consulting Editor Assistant Editor, Safety ICSS Editorial Director Editor-in-Chief Managing Editor Chief Sub-editor Senior Sub-editor Sub-editors ICSS Journal – Vol 2 | No 4 victims; 5) data collection and monitoring; 6) and my favourite, changing attitudes. How can we change attitudes? Whatever works. We need to change the norms, the pervasive attitudes surrounding sport and also around what parents’ expectations are. In North American football, we’re seeing this rape culture, there’s players committing child abuse. A useful if unfortunate way to raise awareness is getting convictions in high-profile cases that grab people’s attention. This does a lot to raise awareness about how people exploit or abuse children. The solution has to occur at all levels – top down, bottom up, and it has to include law enforcement. What’s the single best way to empower children? Information. They need to know their rights, they need to have a sense of what’s appropriate and acceptable in terms of what’s being asked of them, and who to talk to if they have concerns. The overriding message to get across is that sport and play are fantastic things for children, but there have to be appropriate protections and safeguards around these activities. Dr Susan Bissell was interviewed by Dr Ann Rogers Production and Distribution Manager Publishing Director Chief Operating Officer Chairman President Barry Davies Jane Douglas Victoria Green Ka Yee Meck Amanda Simms, Emilie Dock Jean-Philippe Stanway Herita MacDonald Elizabeth Heuchan Anne Sadler Caroline Minshell Lord David Evans Paul Duffen Cover photo: CommerceandCultureAgency/Getty Images Printed by Cambrian Printers, managed by TU ink Published on behalf of Published by www.newsdeskmedia.com 184-192 Drummond Street, London NW1 3HP, UK Tel: +44 (0) 20 7650 1600 Fax: +44 (0) 20 7650 1609 Newsdesk Media publishes a wide range of business and ICSS I N T E R N AT I O N A L C E N T R E FOR SPORT SECURIT Y International Centre for Sport Security, customer publications. For further information please PO Box 64163, Doha, Qatar contact Paul Duffen, President www.theicss.org © 2015. The entire contents of this publication are protected by copyright. All rights reserved. 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