SPORT MANAGEMENT IN THE INDIAN LEGAL PROSPECTIVE BY - SANJAYA KUMAR SETHI & DR. TENZIN JANGCHUP KHAMPA

SPORT MANAGEMENT IN THE INDIAN LEGAL PROSPECTIVE
 
AUTHORED BY - SANJAYA KUMAR SETHI
& DR. TENZIN JANGCHUP KHAMPA
 
 
Abstract:
Sport law is the application of various special laws as there is no specific legislation so it is very challenges for the sports related issue to identify but it is somewhere related to other special legislation which give rise solution to that issue. Here sport management professions are in problem to identify the violation of law and the legal right. Though there is law it need to address. Where sport create economic benefit to the nation build so it is also benefit to society in the prospective of wellness or economical point of view. In this article explain how the sport industry manages with application of various law and keep on the economic prospective and the sport ethics in Indian legal prospective.
 
Key words: sport management, economic, Law, Ethic.
 
Literature Review
Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Principles and Practice of Sport Management 106 (Jones & Bartlett Learning, 6th ed. 2018). In this book explain sport industry has evolved into a complex, multibillion-dollar global entity, the law has played an increasingly dominant role as sport professionals seek to carry out the management functions of sport organization. When sport club make decisions and disagreement  arise, those working and participating  in sport are relying more heavily on the legal system  for resolutions of sport law has become increasingly important to the sport club to manage risk and know when to seek legal assistance to aid in decision making and dispute resolution.
 
James A. R. Nafzier, International Sports Law: A Replay of characteristics and Trends, The American Journal of International Law, Jul., 1992, VOl.86, No.3 July 1992, in this explain the legal framework is important for regulation and impletion in sports to address the evolving the evolving legal issues. Law will provide an opportunity to shape the as well as limitations of risk associated with sport sector. It will not only provide entertainment but also provide the atheletic and sports club to move in merit basic selection.
 
Stephen Hardy, Evolution in American Sport, Journal of sport History, Fall 2009, Vol.36 No.3 (Fall 2009), pp337-347, University of Illinois press, in paper explained branding is the vital for any sport organization. Sport was mainly  target for economic growth. Social media has changed the sport fans experience. Humans response very well to sport performance.
 
Statement of problem
In the school and college level sport, there is discrimination on gender, constitutional violations, violation in selection process, rule violations by athletes, coaches where as on the professional side labor disputes, contract issues, misconduct by athletes and owners, health and safety issue, and the enforcement of and challenge to rules are primary issue. And other side personal injury and product liability cases increases. Olympic and Paralympics eligibility issue, drug testing and ambush marketing are legal issue. To make legally sound business, it needs to have a structured legislation and legal rules.
 
Research Question
1.      why India need a sport law?
 
Object of study
1.      To study the impact of law on sport Organization.
2.      To study sport business management in legal prospective.
3.      To study the benefit of society through sport.
 
 
Research Methodology
The study is doctrinal in nature and will apply analytical research approach the doctrinal study based on primary and secondary sources.
 
Introduction
Sports law refers to the application of law to the sport industry. Sports law is the amalgamation of various laws in related to sport issues. Sport law is a practical not in the field of study.[1] India does not have any special legislation to deal with sport but it can be established through jurisprudence with respect to sports law issue. Sports and sports related sector are more important element in prospective of economic or keep healthy to everyone. As we know ignorance of law is not excuse the principal also equal apply in the case of sport. When a athlete violate the law whether on the field or off the field it is consider as the violation of law or regulation. Sports law have wider jurisdiction it is not confined to India, it have various international convention and international governing authorities, and international knowledge related to sport. Sport law ensure the athletics their right are protected they need to only focus on performance. Sport law is critical for sports ethics in maintaining the issue like cheating match-fixing, doping, or unethical and other illegal acts.
 
Over the past fifty years, the sport industry has evolved into a complex multibillion-dollar global entity with much at stake for those involved in sports business. When dispute arises, parties in sport rely heavily on the legal system for resolution.[2] Early sport and recreation cases in the United State and Great Britain were based in tort law and focused on participation in sport and games.[3] Throughout the early to mid-twentieth century, most cases in the sport industry were based in contract, antitrust, and labor law.[4] In the forty five years since a Boston College Law School Professor, Robert Berry, offered the first documented sport law course, the legal profession has moved toward a greater degree of specialization.[5] The amount of litigation and diversity of cases in sport industry have increased as more people rely on the courts to resolve disputes. Administrative law describes the body of law created by rules, regulations, orders, and decisions of administrative bodies.[6] The National Collegiate Athletic Association (NCAA), has developed its own manual of rules and regulations, which mirror the language of statutes. When a dispute arises over the interpretation of an NCAA rule or regulation, sport lawyers often represent both the governing body and the institution, resolving the dispute through an administrative process established by the NCAA. Because many lawyers to draft their rules and regulations lawyer can best interpret, challenge, or defend these rules and regulations. Indeed, lawyer has developed sport industry specialties to address the various challenges in sport. Some lawyers now specialize in representing schools and athletes in investigations by and hearings before NCAA. Other lawyers specialize in representing athletes in crises, representing athletes who have failed drugs tests, and representing athletes in front of arbitration panels such as the Court for Arbitration in Sport. Sport authority may acquire the law to identify a problem’s issues before attempting to solve it. The law establishes codes of ethical conduct. Understand of law may change the behavior, personal value and better establishment code of conduct in their work place.[7]
 
Sport management
Many people who are employed in business endeavors associated with sport are engaged in a career field known as sport management. According to Pitts and Stotlar, sport management is “the study and practice of all people, activities, businesses, or organization involved in producing facilitating, promoting, or organizing any sport-related business or product.[8]  
 
Economics and Sport
Economics is one of the few academic disciplines that can be applied to almost any human activity. Within the field of sport management, economics can help us understand issues such as the price paid by consumers for a pair of shorts in sporting goods.[9] Goods and services are exchanged through the economic interaction of individual and organizations. For example, the purchase of a new tennis racket at a store is an economic interaction.[10] One product of value, a tennis racket, is exchanged for another product of value, cash. It means all the economic traction involve cash. For example, a business might provide free equipment or services to an organizer in exchange for advertising space on the event T-shirt.[11] Tractions such as those just described occur in markets, which can be defined as arrangements by which economic exchange among people or business occur. A market could be an actual physical location such as sporting goods store or a minor league ballpark. It could also be an intangible idea such as computerized stock exchange or the market for player. Without markets, the exchange of goods and services could not occur.[12] With the growth of the sport industry, major sports seem to take place week. Although sport events bring enjoyment to a community, they can also bring a substantial amount of economic activity.[13]
 
Tort law in Sport
The sport industry is often the subject of tort claims because people participating in sport may hurt themselves or others.[14] In some time a spectator get injury   stadium due to the negligence of player while attending an event or a participant gets hurt while taking part in a recreational activity. The possible types of torts could include intentional torts that are Assault, battery, defamation, intentional infliction of emotional distress, intentional interference with contractual relations, and invasion of privacy are all intentional torts. When intentional torts are found to have occurred, plaintiffs may be eligible for additional damage, called punitive damages, to punish the defendant.[15]
 
Law of Agency in Sport
Law of agency is an important component of the sport representation industry. Athletes and coaches hire sport agents to gain a level of parity in negotiations with more experienced negotiators, such as club management or university representatives.[16] Sport agent relationships are based in contract law, but are also governed by the law of agency and its imposition of fiduciary duties. Thus, when lawsuits do occur between agents and clients as well as between agents and their current, past or prospective firms, those disputes often involve claims under contract.[17]
 
Law of Contract
A contract is a written or verbal agreement between two or more parties that create a legal obligation to fulfill the promises made by the agreement. Every aspect of the sport industry uses contracts. It use for employing players, official, and other staff. Contract are also used for broadcasting deals; licensed property; merchandise, equipment, uniform, and ticket sales; facility leases; sponsorships; concession arrangement; membership and scholarships; purchasing; scheduling arrangement; and the like. Many sports club negotiate and enter into contract regularly.[18] It is essential for that sports club to have basic understanding of contract law to limit their liability and that they know when to engage a lawyer for help.  To have valid contract, all five elements of a contracts must be present: offer, acceptance, consideration, legality, and capacity. If any of these elements is lacking or nonexistent, a valid and enforceable contract does not exist.
 
Constitution of India
Constitution of India is the supreme law of the land. It is a document where “we the people” of the India grant to the government the authority to govern them and specifically define the powers and duties of government. The constitutional challenges that tend to arise in sport industry most frequently are related to due process, equal protection, the right to be free from unreasonable searches and seizures, and invasion of privacy. Occasionally challenges regarding the right to freedom.  The equal protection clause often applies in sport when there is allegation of discrimination on the basis of race, gender, or alienage in eligibility or employment decisions.
 
 
 
The sports Broadcasting signals (Mandatory Sharing with Prasar Bharati) Act 2007
The sport broadcasting signal’s mandatory sharing with prasar Bharati) Act 2007 is regulating the sport event. The sports events are freely available in the network for national importance. Prasar Bharati have made mandatory for the broadcasting and sharing of sports events. India have some network like Doordarshan Television Network and All India Radio. Section 3 of the Act have mandatory clause for the owner or holder and no television of radio broadcasting services provider shall carry a live television  broadcasting on any cable or direct-to-home network or radio commentary broadcat in India of sporting events of national importance, unless it simultaneously Share the live broadcasting signal, without its advertisements, with the prasar Bharati to enable them to re-transmit the same on its terrestrial network and Directors-to-Home networks.[19]
 
Intellectual property law
Intellectual property refers to creations of the mind. IP law governs the rights to protect one’s invention, literary and artistic works, and symbols, names, images, and designs used in commerce. This area of law is very important to the commercial growth of sport. Intellectual property protection secures the economic value of sport through patents, trademarks, and broadcasting rights. A trademark is a distinctive sign or “mark” or a combination of words, names, numbers, sounds, shapes, vocal sounds, or symbols used by a specific person or enterprise to help consumers identify and distinguish its goods or services because of its nature and equality, as indicate in trademark.
 
Trademark can be strong, entitled to a wide scope of protection, or weak, entitled to limited protection in only a narrow field or strong trademarks are those that are completely distinguishable. The words are common and used in their ordinary meaning, the trademark is descriptive due to the amount of advertising and public exposure it receives. Because there is only one world’s fair, use of this trademark by others without permission may lead consumers to confuse the secondary use with the original trademark.[20]
 
The trademark act 1999, which governs trademark and service marks, gives protection to the owner of a name or logo, keeps others from selling goods as the goods of the original source, and helps to protect against consumer confusion. The law I this area is somewhat complex, and those sport managers involved with licensed product should rely on attorney who are experts in trademark law to handle registering trademarks and pursuing claims against those who misappropriate them.
 
Olympic Games
In the Olympic sport industry, there are growing challenges related to rules and regulations imposed on participants. Sport club working in the Olympic arena face legal challenges related to ambush marketing, the rights of individual athletes to markets themselves, and the imposition of codes of conduct[21].
 
Ambush marketing occurs when an organization misappropriates the trademarks, logos and goodwill of an event or organization. For most events of any significance, one brand will pay to become the exclusive and official sponsor of the event in a particular category or categories, and this exclusivity in turn creates a problem for one or more other brands. Often those other brands find ways to promote themselves in connection with the same event, without paying the sponsorship fee while managing not to break any laws. A company that has not paid to be a sponsor may engage in ambush marketing and confuse the public indirectly associating itself with the events or organization through buying commercial airtime during broadcasts or sponsoring individual athletes or teams at a fraction of the cost of official sponsorship[22]. For example, although McDonald’s is an official worldwide partner of the International Olympic Committee (IOC). Its competitor subway signed a marketing agreement with Olympic swimmer Michael Phelps. Subway ran ads with Phelps that, to consumers, suggested subway was sponsor of the Games. Based on those ads, in early 2010, the U.S. Olympic Committee (USOC) accused subway of ambush marketing ahead of the winter Olympic Games in Vancouver. Subway aired a commercial depicting Michael Phelps swimming toward Vancouver[23]. The USOC said that by using Phelps, as Olympic gold medalist, and the words “Vancouver” and “winter” in its commercial, subway was trying to falsely promote itself as a sponsor of the 2010 Winter Games[24].
 
In anticipation of the London Olympics of 2012, the United Kingdom took the proactive approach of promulgating specific legislation aimed at preventing ambush marketing[25]. The legislation, known as the London Olympic Games and Paralympics Games Act of 2006, included the creation of a right known as the “London Olympics association right,” which was designed to prevent false representations of sponsorships. It prevented the use of a combination of a list of words, including  “games,” “2012,” “twenty twelve,” “two thousand and twelve” “gold,” “silver,” “bronze,” “medals,” “sponsor” and “summer.” Sport create brand, the brand product sold in the advertisers. Sporting goods, brand products is all making the difference from other product in the consumer mind? “An eye on creating name recognition perceived quality, strong mental or emotional association and ultimately strong customer loyalty.[26]
 
While other legal issues beyond ambush marketing exist in the Olympic realm, such as possible unionization of Olympians, drug testing policies, and decision about which sports are included in the Games[27].           
 
Professional sport issue
Legal issue also includes the implementation and administration of drugs testing policies, particularly for individual athletes, and freedom of speech and expression for all athletes. The PGA Tour now has a drug testing policy. Men’s and Women’s tennis and cyclists’ tours do have testing, but challenges are waged regularly over their test procedure and test results.[28]
 
India and Sports
Prime minister Sri Narendra Modi cited Khelo India and the target Olympic podium Scheme (TOPS) as example of the many transformative measures implemented by the government. He said the government was providing all possible support to athletes with the country’s eyes on the 2028 summer Olympics in Los Angeles. “Today, we are not waiting for youth to come to sports, we are taking sports to the youth,” he said[29]
 
The government has resolved to make the country an important center of the global sports ecosystem, he said it was working diligently with the aim of India hosting the youth Olympics in 2029 and the Olympic Games in 2036. Highlighting those sports was not just limited to the field, but also presents a huge economic opportunity; he said the country’s sports-related industry will be worth at least 1 lakh crore in a few years. Emphasizing that sports should contribute significantly to india’s aim of becoming the world’s third largest economy, India should become sel-reliant in the manufacture of sporting equipment. A better future for the youth in schools and college who want a career in sports and related sector was “Modi’s guarantee”.[30] The games’ logo and ‘veera mangai’ (Brave women) velu nachiyar as the mascot. Stating that velu Nachiyar, who fouht against the British, Symbolised women power, he said of the government to empower sportswomen.[31]
 
Sport Governance and Policy
Indian government need to focus of sport legislation as it has a significant impact of sports sector. The policy for sport can be developed by sport manager with the collaboration with sports clubs, athletic, government agencies. The sports law and policy will maintain the transparency accountability and boost the sports business in India.[32] Sports clubs works closely with the sport’s governing bodies, regulator and law enforcement department to maintain fair competition laws and regulation. Sport will help in nation building and create reputation.[33]
 
Benefit of Society through sport
Sport provide shapes and maintains many social value that are held in high regard, such as work and fair play, self-discipline, sacrifice and reliance, and commitment to oneself and others. Participant in sport can lead to greater health and well-being, as well as social, emotional, more, physical, and psychological development.[34] In sport has the potential to contribute to the positive development and stability of both individual and society as a whole.[35]
 
Ethics in sport
Despite critical thinking skills, sport organization employees, manager, and leaders will need to act ethically. In recent years, several ethics issue has surfaced in the context of sport. For example, incidents involving drugs and cheating in sport; violence in sport; questionable behaviors from athletes, coaches, and referees on and off the court or field; overtraining of children involved in high-performance sport; eating disorders among athletes; recruitment violations within intercollegiate athletics programs; corruption in decision making; and athletes hazing have all had an effect on sport and sport organization. The rules, procedures, and codes of ethics were developed within these organizations, the individual responsible for upholding the standards of the organization did not respect them. Managers and leader of sport organization are constantly facing situations, events, and issues that challenge their ability to make ethical decisions.[36]
 
Conclusion
There has been a steady increase in governmental rule and regulation of the sport industry. Sport activity evolving issue in law related to political, social, and economical and organization to control or regulation still there is no regulation to fulfill.  It demands international sports authority to create a unique network in governmental, intergovernmental and nongovernmental stage. It will be give a peculiar sport regime. So it needs to play significant role in negotiating the country’s complex legal issue and create a fair, transparent and good sports management in India.[37] This need for international and national level to frame within new improves the management of sport in legal prospective.[38] Answer to the first research question, from the last decades sport industry increased dramatically. Especially due to the social media exposure, and also increasing of sports brand and exploitation of young players.[39]
 
References
Books
1.      Principles and Practice of Sport Management, Lisa P. Masteralexis, Carol A. Barr, Mary A. Hums. Jones & Bartlett Learning, 6th Edition, 2018.
2.      Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault,  Contemporary Sort management, Human Kinetics, creative Printer USA.  Fourth Edition,2011
Articles
1.      James A. R. Nafzier, International Sports Law: A Replay of characteristics and Trends, The American Journal of International Law, Jul., 1992, VOl.86, No.3 July 1992.
2.      Stephen Hardy, Evolution in American Sport, Journal of sport History, Fall 2009, Vol.36 No.3 (Fall 2009), pp337-347, University of Illinois press,
 
Cases Law
1.      Hendrickson v. Octagon, Inc.,225 F.Supp.3d ( N.D. Cal. 2016)
 
Newspaper
1.      The Hindu
 
Statute
1.      The Sports Broadcasting Signals (mandatory sharing with prasar bharati) Act, 2007.

[1] https://www.yourlegalcareercoach.com/top-20-sports-law-cases-one-must-be-aware-of/
[2] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Principles and Practice of Sport Management 106 (Jones & Bartlett Learning, 6th ed. 2018).
[3] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Supra note 2.
[4] Id. at 106.
[5] Id.
[6] Id.
[7] Id. at 131.
[8] Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault,  Contemporary Sort management, 07 (Human Kinetics  Ed 4th) (2011).
[9] Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault,  supra note  8,at 297.
[10] Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault, supra note 8, at 297.
[11] Id.
[12] Id.
[13] Id.at 299.
[14] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Supra note 2, at 109.
[15] Id, at 110.
[17] Hendrickson v. Octagon, Inc., 225 F. Supp.3d (N.D.Cal.2016).
[18] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Supra note 2, at 113.
[19] The Sports Broadcasting Signal (Mandatory Sharing with Prasar Bharati) Act, 2007, No. 11 Act of Parliament, 2007 (India).
[20] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Supra note 2, at 129.
[21] Id.at 133.
[22] Id.
[23] Id.
[24] Id.
[25] Lisa P. Masteralexis, Carol A. Barr & Mary A. Hums, Supra note 2, at 133.
[26] Stephen Hardy, Evolution in American Sport, 36,UIP, 337-347 (2009).
[27] Id.
[28] Id.
[29] The Hindu Bureau, Reforms led to India’s success in sports: PM , The Hindu, January 20,2024 at 8.
[30] Id.
[31] Id.
[33] Id.
[34] Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault,  supra note  8,at 375.
[35] Id.
[36] Paul M. Pedersen, Janet B.Parks, Jerome Quarterman & Lucie Thibault,  supra note  8,at 91.
[38] James A. R. Nafzier, International Sports Law: A Replay of characteristics and Trends, 86 CUP 489-518,(1992).
[39] Stephen Hardy, Evolution in American Sport, 36,UIP, 337-347 (2009).