This article has been written by Rahil Vora pursuing a Diploma in Legal English Communication – oratory, writing, listening and accuracy from LawSikho.
Table of Contents
What is doping
When we talk about doping in professional sports, it is understood as the act of athletes consuming one or more banned substances aiming to improve their athletic capacity and get ahead against rivals. These substances have been referred to as performance enhancing drugs (PEDs).
The purpose of the use of such drugs is also for faster recovery, but in contrast, it leads to severe health repercussions for the athlete. As well, the use of such drugs by the athlete undermines the spirit of fair competition in professional sports.
Historical context
- During the 1904 Olympics, marathon runner Thomas Hicks nearly died after consuming a mixture of brandy and strychnine.
- The drug became very well-publicised during the 1960 Olympics when cyclist Knud Enemark Jensen died in competition due to using amphetamine.
- In East Germany, athletes bulked up with drugs as part of a systematic program to dominate international competitions
- High profile scandals, such as when Ben Johnson was disqualified at the 1988 Seoul Olympics for using steroids.
- Lance Armstrong (a cyclist) was stripped of his seven Tour de France titles in 2012 after evidence of doping.
Which substances are banned from use
Some common PEDs include:
- Anabolic steroids
- Peptide hormones
- Gonadotropins
- Beta-2 agonists
- Hormones and metabolic modulators
- Diuretics and masking agents
- Stimulants
- Narcotics
- Cannabinoids
- Glucocorticoids
- Beta blockers
- Blood doping
- Gene doping
Potential Side Effects of PEDs:
- Cardiovascular issues
- Liver damage
- Hormonal imbalances
- Psychiatric effects
- Blood clots
- Stroke
- Hypertension
- Neurological effects
- Respiratory problems
Legal framework governing doping
Formation of the IOC Medical Commission (1967)
- Doping in sports became a cardinal concern during the 1960s prompting the IOC to start the Medical Commission in 1967. This was important in paving the way for formal approaches in the endeavour of discouraging unfair play and/or protecting athletes.
- This commission was to set out measures for rules and regulations to be put in place in anti-doping, which formed the basis for future anti-doping in international sports.
First Anti-Doping Tests (1968 Winter Olympics): First Anti-Doping Tests (1968 Winter Olympics)
- Alpine Skiing as a sport was first included on the Olympic programme in the 1936 Winter Olympics in Garmisch Partenkirchen Germany, while anti-doping test of Olympic competition were first conducted in the 1968 Winter Olympics in Grenoble France. These tests were carried out in a bid to try and control the use of banned substances in the athletes.
- The event demonstrated that the IOC placed great value in preserving fair practices in sporting activities by driving out dope users.
Establishment of WADA (1999)
- Called into existence in 1999, situated in Lausanne, the World Anti-Doping Agency (WADA) was established because of the growing incidence and need for an international approach on doping in sports.
- WADA serves as an independent international organisation that has the mandate of coordinating the working of anti-doping policies and standards across the sports and countries.
WADA 2021 Code
The WADA Code is a set of measures and regulations against doping; it is an anti-doping code that spells out the rights and wrongs of the world athletes and their aides.
This code stipulates guidelines in testing, sanctions, education, and any other anti-doping measures meant to eliminate unfair competition as much as to safeguard the pure athletes.
National Anti-Doping Agencies (NADOs)
At the national level, organisations are the independent national anti-doping agencies like the National Anti-Doping Agency (NADA) in India and so on that implement and enforce the anti-doping policies.
NADOs sample both in-competition and out-of-competition athletes in various sporting activities in a bid to eradicate cases of doping.
These points explain the emergence and growth of legal and regulatory standards in doping in sports through the interaction of the International Olympic Committee, WADA, and national organisations and administrations to ensure the principles of compliance with the principles of the fight against doping and protection of the rights of athletes.
DURATION OF SUSPENSION
As per the WADA 2021 Code if the athlete is found guilty of Anti Doping Rule Violation (ADRV) period of suspension of athlete depends upon certain circumstances:
Standard Duration: 2-year suspension is the standard for most Anti-Doping Rule Violation (ADRV).
It does provide for a lessening of suspension in certain circumstances. As an example, in out-of-competition cases where it can be proven that the athlete who has committed a violation (other than use of a “Substance of Abuse”) had no significant fault or negligence and provided evidence they used a product containing less than 4 mg per dose unit; however more was detected [threshold substance], then sanction may range from up to reprimand with warning depending upon when applicant last took this amount.
Enhanced sanction: The intervention of aggravating factors, for example, sample tampering or repeated violations can result in an increase in the severity of sanction up to a lifetime ban
Minimum sentence cut: Athletes who give an enormous amount of help in bringing other dopers to light could have their suspensions decreased by as much one-third through “minimum sentencing cuts.”
Legal implications
Criminal prosecution
Doping, therefore, has legal consequences that affected athletes, coaches, and officials have to endure as follows; Some of the penalties that athletes face in case they are caught in the act include fines and in the extreme cases of a prison term. These penalties raise the legal personnel’s concern towards doping and observe the commitment to maintain the fairness and organisational integrity of the game through penalty.
Contractual obligations
Doping violation therefore goes beyond legal consequences touching on contractual clauses. Sponsors and sports organisations usually sign contracts with athletes in which anti-doping clauses are harshly set out. Their violation causes liquidation of such contracts, and there is often a litigation process that ensues from the incident. Such contractual arrangements make the sponsors’ investments secured as well as guarantee that sports entities would have athletes that would compete with despicable integrity.
Civil lawsuits
Aside from contractual disputes, doping in sports has given rise to civil litigation actions. Athletes engaged in doping can find themselves facing legal consequences, including lawsuits for breaching contracts or negligence. These lawsuits are typically brought by affected parties, such as sponsors or competitors, who have suffered harm as a result of the doping.
Civil remedies are an essential avenue for individuals or entities who have been wronged through doping. Through civil actions, victims can seek compensation for their physical, financial, and reputational losses. These lawsuits serve several important purposes.
Firstly, they provide a platform for victims to hold athletes and other parties accountable for their actions. By allowing victims to seek legal recourse, civil litigation sends a strong message that doping will not be tolerated and that there will be consequences for engaging in such unethical conduct.
Secondly, civil lawsuits can help deter future doping. The threat of legal action can act as a deterrent to athletes who might consider using performance-enhancing drugs. Knowing that they could face significant financial and reputational consequences can discourage athletes from engaging in doping practices.
Thirdly, civil litigation can contribute to raising awareness about the harmful effects of doping. By bringing these cases to public attention, civil lawsuits can help educate the public about the dangers of doping and its negative impact on sports. This increased awareness can help foster a culture of integrity and fair play in sports.
Ethical considerations
Doping literally involves the complete defiance of basic precepts of the athlete’s code, thus threatening the very values that undergird the sporting spirit. Doping gives the athletes involved an unfair edge over others who have not carried out the vice, thus polluting the results of activities and competitions. Such unethical action affects the credibility of the athletes, fans, and the sports’ governing bodies, thus tarnishing the spirits of competition as a true reflection of talent and hard work.
Health and safety
The desire to achieve athletic excellence through performances enhanced by substances and methods on the prohibited list jeopardises the health status of the athletes. However, there are negative effects of doping on the physical and psychological statuses of the body other than increased performance levels in the short term. The desire to at least perform excellently can lead the athletes to have some unrecommended actions so that they can win the coveted trophy at the games. To shield athletes from this disservice, reinforced anti-doping enlightenment, assistance, and strict compliance with doping laws are important.
Trust and transparency
Termination of doping implications poses deep repercussions on the faith that people have in sports agencies and other authorities. Such events erode the morale of the people and shed light on more unaccountable measures that exist in the sport. Effective and uncompromising anti-doping standards coupled with efficient procedures of random drug testing are the ways to bring people back to the belief that competitions are fair and deserved. These measures give stakeholders confidence that in sports the contestants are equal and nobody is trying to deceive his counterpart or gain any unfair advantage.
Social impact
Sportsmen and women are expected to be exemplary, especially to the hopeful youths who admire them as their heroes. Negative messages that are associated with cheating and dishonesty are seen to be conveyed to impressionable audiences by such stars through doping cases. Maintaining and applying appropriate ethical measures in sports is crucial for ensuring that sports, in return, would not bring about detrimental impacts on society by athletes.
Economic influence
The impact of the doping scandal can enter the economic realm of the sporting culture, and this paper will look into the implications affecting different civilisation processes. The others that may be affected are those sponsors and advertisers, whose contributions are vital in the financial management of sporting activities’ teams and organisations since they may be compelled to pull out of their support due to doping scandals. This withdrawal may result in heavy revenue losses that are unprofitable for the business and economically unsustainable especially when it comes to dynastic entities in the Sports industry; it will also have impacts on athletes, fans, and the entire economy.
Global reputation
The principles are the inter-country sporting events that can decide the talented and sportsmanlike players of a country. Doping compromises the integrity of athletes, countries, and sports associations, therefore lowering their status in global society. In other words, observers must focus on achievements through clean and fair athletic competition not just for the honour and dignity of sports and athletes but also for the sake of international goodwill and the world’s favourable perception of other nations.
Unlocking the legal rights of athletes
Contracts in sports
Athletes often sign contracts with their teams, outlining their roles, responsibilities, and compensation. These contracts may include clauses related to performance expectations, injury compensation, and even behaviour off the field. It’s crucial for athletes to fully understand the terms of their contracts and seek legal advice if needed.
Key points
- Negotiating contract terms to ensure fair compensation and benefits
- Adhering to contractual obligations, such as promotional appearances or media interviews
- Seeking legal help in case of contract disputes or breaches
Sponsorship and endorsement deals
Athletes frequently enter into sponsorship and endorsement agreements with brands looking to leverage their popularity and influence. These deals can be lucrative but also come with legal implications regarding image rights, exclusivity clauses, and brand association. Athletes must carefully review and negotiate these agreements to protect their personal brand.
Key points
- Maintaining control over image and likeness in endorsement deals
- Avoiding conflicts of interest with competing brands
- Understanding the impact of endorsement deals on personal and professional reputation
Image rights and licensing
Athletes often monetise their image and likeness through licensing agreements for merchandise, video games, and other products. Protecting these image rights is essential to prevent unauthorised use or exploitation. Athletes can work with agents or attorneys to secure licensing deals that align with their brand values and financial goals.
Key points
- Registering trademarks for name, logo, or catchphrases
- Enforcing image rights through legal action against infringers
- Maximising revenue opportunities through strategic licensing partnerships
Legal cases
Sustaining betting in Indian sports, several athletes have tested positive to the prohibited substances for several years now across disciplines. Here are some notable cases:Here are some notable cases:
Narsingh Yadav (2016): Sample A In wrestler Narsingh Yadav, his name connected with a doping test failure in the lead up to the 2016 Rio Olympics. He categorically rejected such claims, but such speculations brought a rather negative side to India’s participation at the Games.
Seema Antil (2000): Succeeding in jumping to the conclusion that discus thrower Seema Antil tested positive to a banned stimulant at the World Junior Championship in 2000 and was stripped of her gold medal.
Anil Kumar and Neelam Singh (2005): Both discus throwers in 2005 were given two-year bans for using prohibited substances, that is, performance-enhancing drugs.
Recent Surge (2022): This year, India was on the top of this list as per the data provided by the world anti-doping agency (WADA). This implies that the use of doping has not ceased in local sporting disciplines, hence the call for increasing the stringencies of anti-doping measures in India.
Technological and scientific advances
Doping in sports is a fight that can only be described as ongoing which is very similar to a game of cat and mouse. In some cases, players and their associates who supply them with substances where unnatural improvement is sought seek new ways of performing the task, science is likewise equally up to the challenge of finding ways of identifying those means and stopping their usage. Here’s a glimpse into how technology and science are advancing anti-doping efforts: Here is what the various technologies and sciences could look into when it comes to falsifying the processes of anti-doping:
Sharpshooter detection methods: There is a rather important subject that evolves with the current analytical procedures in use aimed at identifying prohibited substances in the least measure possible. The chemical procedures, including mass spectrometry and chromatography, are equally being enhanced to assist in the identification of newer forms of the banned substances and the shifting components used in the banned performance-enhancing drugs.
Biological passports: This method follows an athlete’s biological parameters on a daily basis and it has a baseline from which other measures can be taken. Any deviation from such values, like in Baseline Test 1, like a three-fold increase of the blood values, is regarded as doping.
Dried blood spot analysis: This innovative technique utilises a small amount of blood, which can be easily gotten by using a lancet provided on a finger to form a prick. In this method, athletes’ injury rates are low, the samples can be taken and transported easily and they can be stored as well.
Gene doping detection: It is on this note that researchers are looking for ways to identify cases of gene doping in which the body of an athlete is genetically modified to contain specific genes with a view to enhancing performance. While this is still a very new and not very developed technology, it has growth potential.
Artificial Intelligence (AI): It is currently under research in the pursuit of deciding methods to detect trends on anti-doping and even possible doping from the large amount of data. This assists the anti-doping agencies to tender market updates on the move and come up with suitable ways of testing the athletes.
These and many other developments accompanied by ever-going research studies are quite significant in the sense that they help to maintain the playing field in sports. This is perhaps achieved through the realisation of the following pertinent goals of most systems: To secure fairness in athletic events and eliminate cheating.
Conclusion
Besides, the fight for clean sports goes on.
The issue of doping is a rather painful topic that largely overshadows such a domain as sports. That is why it destroys all the fundamentals of sports—justice, hard work, and the strive for the perfect anatomy of the human body. The fight against doping is ongoing since the participants of such practices create new schemes and methods, while participants of sports competitions try to invent something new; science in its turn tries to follow the pace and develop new techniques of detection.
It is still a long haul that has not been accomplished, but innovations such as the biological passports, the dried blood spot analysis, and the possibilities of gene doping detection are already on the horizon. In addition, there is a need for efficient laws and non-governmental cooperation through such bodies as WADA in the fight against doping.
In conclusion, there must be a combination of strategies to ensure that the sports are not compromised in any way. Ongoing research, stringent testing and measures on doping, and proper conduct by athletes, coaches, and support staff are very crucial. In this way, it will be possible to protect the mission of organisations that represent the spirit of sports, competition, and fair play.
REFERENCES:
- https://www.wada-ama.org/en
- https://www.mayoclinic.org/healthy-lifestyle/fitness/in-depth/performance-enhancing-drugs/art-20046134
- https://www.wada-ama.org/sites/default/files/resources/files/2021_wada_code.pdf
