University of Helsinki

Playing by the rules

Sport and all that is associated with it have grown to become an expansive business activity all round the world, and increasing professionalism and commercialism have generated the need to develop its own jurisprudence.

For Finns, sport has brought both world renown and national pride; traditionally, recreational sport has also played a role in maintaining Finnish people’s condition to defend their country. Ever increasing flows of cash have poured into sport over the past decades, along with which come the certain side-effects. Recreational sport unavoidably reflects the changes in the operational arena of top sports.

Until recently, there has been minimal research both here in Finland or elsewhere in Europe into the legal issues concerning sport. “Sport is a challenging field from the perspective of jurisprudence because it extends into areas of life that traditionally have fallen outside the limits imposed by law. Due to competitive activities, both national and international legal issues relate to it,” says Heikki Halila, Professor of Sports Law.

The problems of sport jurisprudence are divided between the different branches of law. Cases under consideration may relate to the employment of a sportsman or woman or to the right to make a sponsorship agreement in his or her name or to the use of his or her picture. An important question is at which point does one cross the threshold to a tribunal: which matters should be handled in a tribunal and which should be handled within the sphere of a sport’s rules and regulations?

“The sport movement has traditionally been highly autonomous: the rules and norms relating to it have been decided, interpreted and they have been applied within the movement. Nowadays, there is an increasing need to seek out limits, and consideration must be given to what belongs to jurisprudence and what falls within the sphere of the self-determination of sport. The juridification of sport has been rapid in recent years, and the same trend also applies to other areas in our society.”

Doping and match-fixing

The Professorship of Sports Law was established in the Faculty of Law at the University of Helsinki in 2001. According to Professor Halila, Finland is a pioneer in this matter and we also have a great need for research in this area. The Professorship was established with funds from Veikkaus Oy and on the initiative of the Ministry of Education, it was considered that the powerful commercialisation of sport called for the development of specific sports legislation.

The need became particularly acute in connection with two separate cases that in turn influenced the establishment of the Professorship. The scandal of match-fixing in Finnish baseball that was exposed in 1998 made a serious crack in the ideal of the wholesomeness of sport. A large number of players, managers and agents in the sport sought financial gain by agreeing on the final results of baseball matches and they placed bets on the certain results. The final, concrete impetus came from the doping scandal in 2001, when six Finnish skiers were caught having taken prohibited substances. Among them was Mika Myllylä, the world’s best skier.

Doping control and the rules and regulations governing it are based on the international and national codes of practice within the sport. In Finland, doping is not punishable, but giving substances to an athlete is prohibited. There are numerous permissible ways to improve performance in endurance sports. The use of nitrogen in a real or artificially created

Alpine climate generates conditions that correspond to training in mountainous areas, which promotes a rise in haemoglobin. The same result is achieved using growth hormones, which are prohibited.

“Bloody syringes were found at the Lahti World Championships, and the question arose as to what had been done with them. Apparently, six Finnish skiers were given Hemohes, but it was unclear as to whether or not it was on the list of prohibited substances. The Finnish Ski Association, and later on the FIS, placed a two-year ban on the skiers. This gave rise to particular juridical problems that were then thrashed out in court.

“If the same thing were to happen today, the picture would be much clearer and the International Anti Doping Agency’s position would be much more conclusive. Rules and jurisprudence always lag behind when legal means are used in an attempt to bring about a change in old practices.”

Doping is still a topical issue in Finland. One matter of dispute is whether an athlete should be given permanent suspension if he or she repeatedly uses prohibited substances. “I think that in some cases, a suspension could be reversed in the name of civil rights.”

Professor Halila’s scholarly publications have for their own part affected the development of sports law in Finland. He is engaged in close interaction with the public and his lectures are attended by exceptionally large numbers, more than just by students of sports law. He has not had any real opportunity to bury himself in his chamber because he is constantly being contacted by many different people.

“The media often ask me for my opinion on a case, and for background information or comments. I’m also often

contacted by athletes as well as by clubs. I will take on the matter, if I think it has general importance. Sports fans also follow controversial issues very closely because such issues affect sports activities. Laymen also come to ask for my opinion, even though the man on the street is often certain of his opinions,” he laughs.

Should violence be punished?

The judicial issues concerning sport are special in that it has much power of decision. One such example is the attitude to violence.

He gives an example: is it a crime if an ice hockey player hits an opposing team’s player on the head with a stick whilst inside the rink or should the incident be resolved on the penalty bench? The very nature of the game means that the rules are there to be broken.

“In a way, taking part in a match is consent to the fact that something might happen. Going beyond the limits may result in a charge of assault and battery, which indeed has happened several times lately both here in Finland and in other countries. There have been attempts to clean up the game as a consequence of several serious injuries. Nowadays, a player can get a fine and be liable for damages if he goes cross-checking after the whistle has blown. The situation can be compared with assault and battery by someone in the street. I think violence should be weeded out of sports.”

He says he is a sports fan, just like many other Finns. But unfortunately, he has not been able to follow it much these days.

“I’m rather interested in the history and nostalgia of sport. I’m interested in traditional Finnish sports like track and field and skiing. I kept a close eye on sports when I was a school kid, but I’m not so keen on spectator sport these days.”

“I just happened to notice that Urheilulehti sports newspaper, which ranks the top sports influences in our country, put me in 49th place. I was surprised because I work at the University and I only work in expert tasks within the sphere of sport, but I do cooperate closely with central sports organisations and the Ministry of Education. Sports jurisprudence is distinctly considered a matter that carries influence.”

Arja-Leena Paavola

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