Sport: Is that in the rules?

Participation in sport carries inherent risk consented to by the participant and from which no liability can arise (per the principle volenti non fit injuria). Sport must otherwise be as safe as it reasonably can be, to be welcoming, safe and inclusive. While participants can self-regulate the safety and fairness of any given contest, the surrounding environment relies on governing bodies, associations and clubs creating and implementing the correct framework and protections. This article offers a summary of key thoughts on important developments to keep sport safe.

Safeguarding sets the standard

Obtaining disclosure checks and adhering to the PVG scheme and Protection of Vulnerable Groups (Scotland) Act 2007 is embedded across Scottish sport. The Disclosure (Scotland) Act 2020 will take effect by April 2025 and enhance protections within sport, with a mandatory PVG system and more ways in which participation can be restricted if a person is under consideration for listing. These changes will need to be understood, planned and embedded within the regulatory framework.

Recent studies and reports (including the Whyte review and the Sheldon report) illustrate that demonstrable institutional commitment across all levels of sports organisations is essential to creating the correct culture. If safeguarding is properly embedded, further evolution of important issues such as transgender participation, and more significantly, appropriate equality measures addressing both sexism and racism, will be readily addressed.

Regularly reviewing rules; appropriate training and communication; and mechanisms in place to react to concerns, should allegations occur, are all key to maintaining a safe sporting environment. Transparent publication of disciplinary decisions is an evolving area with multiple issues to consider, while sharing details with third party sports, clubs and agencies should preferably have a basis in the sport’s rules, with continued regard to confidentiality, victim interest and the terms of the Data Protection Act 2018.

Managing complaints

Third party involvement in private sports matters is growing, whether through investigators, supporting processes, or decision making. The rules within the sport must permit this, otherwise good work can become undone if challenged. Advisory bodies to assist with safeguarding, or behavioural assessments, or in resolving disputes, must also be provided for, otherwise wide ranging complaints could arise from a breach of data protection requirements, confidentiality concerns, and reduction of any decisions on a challenge for non-compliance with the agreed framework. Rules should be reviewed and adjusted to empower these steps, where necessary.

The manner by which a governing body, association and/or club communicates and engages when difficulties arise is as important to risk as it is to culture, as the body must display leadership and stewardship of the sport. Preparing and adopting a crisis management policy is key.

Online abuse

Online safety is beyond the absolute control of sport, but ensuring that the sport’s conduct rules can be used to address allegations of misbehaviour by participants within the sport, is important. Often rules are outdated. Accusations of wrongdoing by participants should be addressed to correct, discipline and deter. Protective measures can include signposting to support, and referring matters to the authorities. World Rugby, in the aftermath of the men’s Rugby World Cup 2023, provided a dossier of information to the police, illustrating extensive online abuse of match officials, seeking further action against deplorable conduct which included death threats. In doing so, World Rugby has not only taken steps to fulfil its duty of care to those it employs, but has publicly sought to deter such behaviour.

When the Online Safety Act (“OSA”) takes effect (after Ofcom has finalised and published various codes of practice, and secondary legislation is enacted), there will be more opportunity for sport to press to protect participants, who are often exposed to online abuse, impacting wellbeing. The OSA requires platforms to take various steps to address illegal and priority illegal online content, which can include inciting racial hatred and harassment – extending to behaviour likely to cause alarm and distress.

The OSA creates new offences for abuse that is false and/or threatening, thus becoming an enforcement mechanism to regulate platforms if they fail to respond, where abuse occurs. The most serious behaviour should always be reported to the authorities timeously. The Protection of Harassment Act 1997 will continue to be available, as will any civil court remedies against unwanted conduct. Particular emphasis will fall on platform providers to protect against behaviour that is abusive and targets protected characteristics under the Equality Act 2010 (e.g. race, religion, sex, transgender, etc). Such abuse is very common – almost one third of all abuse reported to the Professional Footballers Association in a study, involved race.

Hopefully, the OSA will help correct the difficulty experienced by many at present, of platform providers being less than accessible and responsive to issues of concern raised, by obliging providers to have clear and accessible ways to report problems online and to then deal with said complaints. Governing bodies should inform themselves and help educate their sports as to what steps can be taken, should online abuse occur. A clear policy and process to respond will be helpful. That policy should be wide ranging and signpost all steps that can reasonably be taken, including counselling and therapy sources.