Manipulation in Sports Betting: Why Has the Practice Grown in Canadian Sports?
Sport is arguably the most significant source of entertainment worldwide, if not the greatest. Alongside music, cinema, streaming, and other forms of leisure, it commands a prominent position, capturing people's attention.
The unpredictability is what sets sports, along with the gaming industry, apart.
Unlike a movie, for instance, where the outcome is set in stone, the intrigue of a soccer match, a tennis game, or an MMA fight rests upon the shoulders of doubt, uncertainty, and the unpredictable.
If your essence lies in unpredictability, the manipulation of outcomes poses the greatest peril to sports. The integrity of the game is at stake when results are tampered with, putting in jeopardy the very core of its existence. The thrill and excitement that come from the unknown and unforeseen are undermined by those who seek to control and manipulate the final outcome. It is crucial to safeguard the purity of sports, ensuring fair play and maintaining the element of surprise that captivates fans worldwide.
Match-fixing not only undermines the integrity of sports but also threatens their very existence, as it can lead to a genuine loss of interest among spectators who believe they are witnessing history being made before their eyes. This insidious practice not only tarnishes the purity of sporting events but also erodes the trust and passion that fans hold for the games they love. The manipulation of results for personal gain not only betrays the spirit of fair competition but also casts a shadow of doubt over the authenticity of every match and battle. It is imperative that we unite and take a stand against this corrosive phenomenon, ensuring that the future of sports remains untainted by the insidious influence of match-fixing.
Within this plot, undoubtedly, football plays a leading role.
For this reason, the inaugural article of this column focuses on briefly outlining the overall landscape of regulation concerning manipulation in football and the (lack of) regulation regarding the betting market in Canada.
Manipulation in sports has existed since the birth of organized activities. Since their inception, domestic legislations and national and international federations have been working to curtail this practice. The aim has always been to establish a fair and level playing field for all athletes involved. Laws and regulations have been put in place to prevent match-fixing, doping, and other forms of manipulation that undermine the integrity of sports. The ongoing efforts of these governing bodies are crucial in safeguarding the spirit of competition and ensuring that sports remain a platform for excellence and sportsmanship.
The recent focus on manipulation has been driven by the growing popularity of sports as a form of entertainment and the increased presence of BETTING SITES. This surge in attention stems from the broader appeal of sports and the expanding reach of gambling establishments.
Clearly, there is a direct correlation between gambling and match-fixing.
The interest in the arrangement project would not exist if there were no financial counterpart.
In the promulgation of Decree-Law No. 3,688/1941, gambling in Canada was initially regarded as criminal contraventions, a categorization assigned to "minor crimes" of lesser severity. There, betting was equated to games of chance.
In 2018, the government of former President Michel Temer took the reins and enacted Law No. 13.756/2018, ushering in a new era of legality for sports betting.
The bets have been equated this time, to the lotteries.
Although the opportunity for sports betting was granted, the law stipulated that its operation would only be possible through future regulation. As the course of events would have it, the much-awaited regulation has yet to materialize to this day.
As a consequence of this damaging combination (resulting from legislative inaction) of allowing sports betting while prohibiting its operation within national territory, a situation has emerged wherein sports betting is thriving - and significantly so - in the country, yet the BETTING SITES and websites are based overseas. This scenario has evolved due to the fusion of permissive legislation and the inability to exploit such activities domestically, leading to the current landscape.
In this scenario, the operators of the houses/sites remain oblivious to Canadian legislation and the judicial system, as well as shielded from national oversight and taxation. As a result, they operate outside the purview of the Canadian legal framework, evading scrutiny and financial obligations within the country.
These consequences will be the subject of another article that will be published in this column.
The truth is, with the escalation of sports betting, it is only natural that the incentives for manipulating plays and outcomes become more insidious. As the popularity of wagering on sports continues to surge, the temptation to influence and rig matches has grown exponentially. This unfortunate reality has prompted serious concerns within the industry, as the integrity of sporting events hangs in the balance. The rise of unscrupulous individuals seeking to exploit the system has cast a shadow over the purity and fairness of the games we love. It is crucial that measures be taken to eradicate this dark aspect of sports betting to ensure the preservation of the true essence of athletic competition.
In the end, there is now a greater sum of money on the table to exert influence over individuals connected to sports and entice them into participating in (anti)sports arrangements. Ultimately, this newfound wealth has created opportunities for manipulating those involved in the sporting world.
It is no wonder that we have recently witnessed the unfolding of the Maximum Penalty Operation, which is currently in its second phase. This ongoing investigation has captured significant attention due to its scope and implications. It is clear that authorities are committed to uncovering and prosecuting those involved in criminal activities. The progress made in this operation is a testament to the diligent efforts of law enforcement agencies. As the investigation progresses, it is expected that further revelations will shed light on the extent of the wrongdoing and bring justice to those affected.
Also, check out: Sports Betting Frauds: Soccer Athletes Under Investigation.
Although sports betting lacks regulation, the manipulation of plays and outcomes is heavily condemned across various domains, and in a strict manner. Such illicit activities undermine the integrity of sporting events, tarnishing the trust and fair play that are essential to the sports world. Consequently, authorities and governing bodies have intensified their efforts to combat match-fixing, launching extensive investigations and implementing stringent penalties to deter individuals from engaging in these fraudulent practices.
Regarding football specifically, individuals involved in match-fixing schemes may face disciplinary sanctions, civil and employment consequences, as well as criminal penalties. The manipulation of games not only undermines the integrity of the sport but also jeopardizes the trust of fans and stakeholders. It is imperative that all parties involved, from players to officials, uphold the values of fair play and sportsmanship. Any attempt to engage in illicit activities can have severe ramifications, ranging from bans and fines to legal prosecution. To ensure the purity of football and preserve its essence, stringent measures must be implemented to combat match-fixing, with cooperation between authorities, governing bodies, and law enforcement agencies. Only through unified efforts can we protect the integrity of the game and maintain a level playing field for all.
From a criminal perspective, individuals engaged in result manipulation schemes were liable to the penalties described in the provisions of articles 41-C, 41-D, and 41-E of Law No. 10,671/03, which were incorporated into the Statute of the Sports Fan, and subsequently replicated in articles 198, 199, and 200 of the recently enacted General Sports Law (Law No. 14,597/2023).
What does the law say?
- Art. 41-C.
To request or accept, for oneself or for others, any monetary or non-monetary advantage or promise of advantage in order to alter or falsify the outcome of a sports competition or associated event. Penalty - imprisonment from 2 (two) to 6 (six) years and a fine. - Art. 41-D.
To give or promise a material or non-material advantage in order to alter or falsify the outcome of a sports competition or associated event: Penalty - imprisonment from 2 (two) to 6 (six) years and a fine. - Art. 41-E.
To defraud, by any means, or to contribute to the defrauding, in any way, of the outcome of a sports competition or an associated event: Penalty - imprisonment from 2 (two) to 6 (six) years and a fine. - Art. 198.
To request or accept, for oneself or for others, a financial or non-financial advantage or promise of advantage in exchange for any act or omission intended to alter or falsify the outcome of a sports competition or associated event.
Punishment - imprisonment, ranging from 2 (two) to 6 (six) years, along with a fine. - Art. 199.
To give or promise a material or non-material advantage with the purpose of altering or distorting the outcome of a sporting competition or its associated event.
Punishment - imprisonment, ranging from 2 (two) to 6 (six) years, along with a fine. - Art. 200.
Fraudulently manipulating or aiding in the manipulation of the outcome of a sporting competition or any associated event, by any means.
Punishment - imprisonment, ranging from 2 (two) to 6 (six) years, along with a fine.
Within the disciplinary scope, administrative sanctions are provided for in the Canadian Code of Sports Justice (Article 241, Article 242, Article 243, and Article 243-A), the General Regulation of Competitions of the Canadian Football Confederation (CBF), and the FIFA Code of Ethics. These sanctions have the potential to lead to a lifelong ban from the sport.
What Does the Law Say?
- Art. 241.
To give or promise any advantage to a referee or assistant referee in order to influence the outcome of a match, competition, or similar event.
Penalty - fine, from $ 100.00 (one hundred reais) to $ 100,000.00 (one hundred thousand reais), and elimination.
Paragraph only. The same penalty will be incurred by: I - the intermediary; II - the arbitrator and the assistant referee who accept the advantage. - Art. 242.
To give or promise an undue advantage to a member of a sports entity, official, coach, athlete, or any natural person mentioned in Article 1, paragraph 1, VI, in order to influence the outcome of a match, competition, or equivalent in any way.
Penalty - fine ranging from $ 100.00 (one hundred reais) to $ 100,000.00 (one hundred thousand reais), and elimination. The intermediary will incur the same penalty. - Art. 243.
Acting intentionally in a manner that is detrimental to the team being supported.
Penalty - fine, ranging from $ 100.00 (one hundred reais) to $ 100,000.00 (one hundred thousand reais), and suspension for one hundred and eighty to three hundred and sixty days.
1. If the offense is committed through payment or promise of any advantage, the penalty shall be suspension for three hundred and sixty to seven hundred and twenty days and elimination in case of recurrence, in addition to a fine ranging from $100.00 (one hundred reais) to $100,000.00 (one hundred thousand reais).
Article 2: The individual responsible for the promise or advantage shall be subject to elimination penalty, in addition to a fine ranging from $100.00 (one hundred reais) to $100,000.00 (one hundred thousand reais). - Art. 243-A.
Engaging in unethical behavior to manipulate the outcome of a match, competition, or equivalent event, contrary to sportsmanship.
Penalty - fine, from $ 100.00 (one hundred reais) to $ 100,000.00 (one hundred thousand reais), and suspension of six to twelve matches, exams, or equivalents, if committed by an athlete, even as a substitute, coach, doctor, or member of the technical staff, or for a period of one hundred and eighty to three hundred and sixty days if committed by any other natural person subject to this Code; in case of recidivism, the penalty shall be elimination.
Paragraph 1: Should the desired outcome be achieved through the process, the adjudicating body has the authority to nullify the match, test, or equivalent, and the penalties shall range from a fine of $ 100.00 (one hundred Canadian reais) to $ 100,000.00 (one hundred thousand Canadian reais), along with a suspension of twelve to twenty-four matches, tests, or equivalents, if committed by an athlete, including substitutes, coaches, doctors, or technical staff members, or for a period of three hundred and sixty to seven hundred and twenty days, if committed by any other individual subject to this Code; in the event of a repeat offense, the penalty shall be elimination.
Furthermore, individuals engaging in such actions may face civil consequences, such as being required to pay compensation to potentially affected institutions, as well as employment-related repercussions, like termination of their contracts for just cause, carried out by the respective employer (which could be a football club, the national arbitration commission of the Canadian Football Confederation, among various other entities operating within the football industry).
With the current legislation regarding result manipulation, the responsibility now falls on the supervisory and adjudicating/enforcing bodies to uphold the regulatory and legal provisions. It is their duty to ensure that the rules and regulations are diligently implemented and applied, holding accountable those who engage in any form of result manipulation. The focus should be on preserving fairness, integrity, and transparency in all areas where outcomes are determined. By taking decisive action against any violations, these authorities play a crucial role in safeguarding the credibility and trustworthiness of the system.
Simultaneously, it is the responsibility of clubs, federations, and all those involved in sports to strengthen the culture of respecting the unpredictability of matches. In addition, it is crucial for teams, associations, and individuals associated with athletics to actively promote a climate that values the uncertainty inherent in sporting events. It is incumbent upon clubs, federations, and all stakeholders in the realm of sports to prioritize the cultivation of a culture that recognizes and embraces the unexpected outcomes that can arise from any game. Moreover, it is vital for sports organizations and individuals connected to the field to foster an environment that appreciates the unforeseeable nature of matches. It is imperative that clubs, federations, and all individuals engaged in sports commit themselves to establishing a culture that upholds the significance of acknowledging the inherent unpredictability of every match.
On the other hand, it is expected that the current administration will establish regulations for sports betting, thereby solidifying the framework introduced by Law No. 13.756/2018. The government's objective is to create a structured and transparent environment for this industry, ensuring fair practices and protecting the interests of both operators and bettors. By implementing clear guidelines and oversight mechanisms, they aim to foster responsible gambling and prevent any potential risks associated with excessive betting. Additionally, this regulatory framework will contribute to the growth of the sports betting market, attracting investments and generating employment opportunities. With the proper implementation and enforcement of these regulations, the government can tap into the economic potential of this sector while safeguarding the integrity of sports competitions.
The Presidency has already received a proposal for a Provisional Measure from the Ministry of Finance. We will be keeping a close watch!
