Sports Law in Malta - A Brief Overview
Sports is part of many people's lives and affects them in different ways. An athlete may practice sport competitively either at an amateur, or professional level, whilst at both levels it also involves non-athletes that take roles as coaching staff or club administrators. Evidently, due to the diffused nature of sports, many legal implications crop up, which cannot be overlooked or underestimated as it may give rise to very serious repercussions, even of a criminal nature. Match fixing, corruption and doping are just some examples of illicit activities that can be charged criminally.
Malta's Sports Law – The Sports Governance and Integrity Act
On the 31st of July of 2018 the Maltese Parliament strengthened its laws with respect to sport integrity whereby the previous Prevention Of Corruption (Players) Act was replaced with a fully-fledged legal framework governing sport integrity by means of the enactment of Chapter 593 of the Laws of Malta, namely the Prevention of Corruption in Sport Act and the enactment of the Sports Governance and Integrity Act (Act No. LIV of 2021).
The Sports Governance and Integrity Act provides for the regulation of Sports Governance and Integrity in Malta, addresses matters ancillary thereto or connected therewith with sports governance and integrity, and defines the role and function of the Authority for Integrity in Maltese Sport.
The Prevention of Corruption in Sport Act, which came into force in 2018, on the other hand aims to primarily criminalise the offence of match-fixing by establishing offences of a criminal nature, which may lead to incarceration or even hefty fines. This Act does not only address athletes, but also captures sport officials and technical staff, sport organisations, clubs or associations with the possibility of any person falling under one of these categories of being investigated and prosecuted criminally. The Act also deals with passive corruption, and introduced the concept of 'inside information' in the definition of 'sports corruption.'
Under Chapter 593, it is not necessary for the entire offence to have occurred in Malta; as even a partial connection to Malta is enough for Maltese courts to have jurisdiction. This allows the Maltese courts to address and penalise match-fixing offences, even with only a slight link to Malta. The new law also aggravates the punishment when such offences are carried out by officials, employees of national associations, members of a club or even athletes.
Criminal offences for match fixing are punishable as follows:
- If a person engages in the manipulation of sporting events, upon conviction by a Criminal Court, they may face imprisonment for a period of not more than three (3) years and/or a fine (multa) ranging from five thousand euro (€5000) to thirty thousand euro (€30,000).
- If a person obtains knowledge of a fixed sporting event, the person must inform the police by not later than fourteen (14) days from the date on which he became aware of such fact, otherwise they will face 1 year imprisonment and/or a fine (multa) of not less than two thousand five hundred euro (€2,500) and not more than twenty-five thousand euro (€25,000).
- If the above offences are accompanied by any one or more of the aggravating circumstances laid down in the Act, the offender will then face imprisonment for a period of not less than one year and not more than five years.
Whilst locally violations can lead to criminal prosecution, it should also be noted that the mainstream sport associations all have their own disciplinary codes that are not to be confused with the regulatory framework under the Laws of Malta. Thus, disciplinary action by the relevant sport association, may be taken in parallel and separately from any legal procedure being pursued under the Laws of Malta.
Whilst a person may be tried in the criminal court for an offence, he/she may be disciplined simultaneously by the association forming part of his/her sports area. For instance, in the case of football, if the offence in question is match-fixing, the player may be tried in the criminal court whilst disciplinary action would be taken by the Malta Football Association.
What do the Courts have to say about Match-Fixing in particular?
With reference to Match-Fixing the Court of Magistrates (Malta) as a Court of Criminal Judicature in Il-Pulizija vs Ronnie Mackay, the court held:
One of the biggest threats to sport in our time is match fixing; and this is weakening the values of sport such as integrity, fair competition, and respect for others. This fixing can destroy the interest of the public in organised sports.
Furthermore, match-fixing involves a network of organised crime spread worldwide. Now this problem has become a main priority for public authorities, towards the sports movement and law enforcement agencies around the world. (Translated Version from Maltese Original Text)
Conclusion
It is critical for Sports Associations and Sports Clubs to not only educate its members (athletes, officials and technical staff) on the disciplinary procedures of the respective association, but more importantly, to also educate its members on Malta's sports governance and integrity legal framework, as these laws include very harsh punishments, including prison time.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
