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Major event legislation: lessons from London and looking forward

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Abstract

Prior to hosting an event such as the Olympic Games, the host state passes a variety of legislative and administrative acts in support of the event. However, the efficacy of these acts is rarely remarked upon. This article undertakes a cursory examination of the legislation passed by the United Kingdom in advance of the London 2012 Summer Olympic Games. This article briefly examines the content of the legislation, and some of the problems encountered by the legislation. However, recent events should be re-orienting the discussion on mega-event legislation. Corruption, displacement of persons, and labour and human rights concerns show that the current structure of mega-event legislation is insufficient to address the problems posed by emerging states as hosts of sporting mega-events. Mega-event legislation, as currently constructed using London as an example, does not address any of these concerns. Mega-event legislation is merely sufficient to address the concerns it is currently targeted towards, but is clearly unable to address the concerns facing newer hosts. The failure to address these issues, by governments, or by sporting bodies, will lead to further problems, and could endanger the sport event itself.

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Notes

  1. Dispõe sobre o Estatuto de Defesa do Torcedor e dá outras providências, Lei No. 10.671, de 15 de maio de 2003, D.O.U. de 16.5.2003, Art. 13-A II (Brazil). While not explicitly mentioned, it has been understood that alcoholic beverages are the target of this law. Caetano et al. 2012, p. 1722.

  2. Dispõe sobre o Estatuto de Defesa do Torcedor e dá outras providências, Lei No. 10.671, de 15 de maio de 2003, D.O.U. de 16.5.2003, Art. 13-A II (Brazil). While not explicitly mentioned, it has been understood that alcoholic beverages are the target of this law. Caetano et al. 2012, p. 1722.

  3. Beer ‘Must be Sold’ At Brazil World Cup Says FIFA, BBC.com, Jan. 19, 2012. http://www.bbc.co.uk/news/world-latin-america-16624823.

  4. Anheuser-Busch is one of eight FIFA sponsors who sponsor the FIFA World Cup specifically, separate from the six general FIFA Sponsors. FIFA, FactSheet: The Official FIFA World Cup™ Partners & Sponsors since 1982. http://www.fifa.com/mm/document/fifafacts/miscfwcpartn/52/01/15/fs-401%5f01%5ffwc-partners.pdf.

  5. IEG, FIFA Secures $1.6 Billion in World Cup Sponsorship Revenue, 3 June 2010. http://www.sponsorship.com/About-IEG/Press-Room/FIFASecures-$1-6-Billion-in-World-Cup-Sponsorship.aspx.

  6. Brazil Leaders Revolt Against FIFA and Budweiser’s Strong Arm World Cup Tactics, PR Newswire, 5 March 2012. http://www.prnewswire.com/news-releases/brazil-leaders-revolt-against-fifa-and-budweisers-strong-arm-world-cup-tactics-141467973.html.

  7. Dispõe sobre as medidas relativas à Copa das Confederações FIFA 2013, à Copa do Mundo FIFA 2014 e à Jornada Mundial da Juventude –2013, Lei No. 12.663, de juhno de 2012, D.O.U. de 6.6.2012 (Brazil).

  8. Brazil World Cup beer law signed by President Rousseff, BBC.com, 6 June 2012. http://www.bbc.co.uk/news/world-latin-america-18348012; Caetano et al. 2012, p. 1722.

  9. Qatar mum on alcohol during Cup, ESPN.com, 14 Mar. 2012. http://espn.go.com/sports/soccer/story/_/id/7684712/qatar-questions-needalcohol-world-cup-stadiums.

  10. Brazil, Russia, India, China, and South Africa.

  11. See Geeraert 2013, p. 10.

  12. There is an open question over whether the Olympic Games and FIFA World Cup are the world’s sole “mega-events”, or whether the term encapsulates something more. For the former, see Close (2010), p. 2984. Maennig and Zimballist attempt to define what a mega-event is, but conclude that it may simply be subjective. Maennig and Zimballist (2012), p. 12–13. Although this article is focused on the Olympic Games and FIFA World Cup, it recognises that the lessons are applicable to other, similar, sporting events, “mega” or otherwise.

  13. For a comparison of various host selection processes by international sporting organisations, see Gauthier 2011, p. 4–10.

  14. For the statements on media and the environment, see International Olympic Committee, 2020 Candidature Acceptance Procedure: Games of the XXXII Olympiad (2011), p. 70, 95. For the statement on taxes, see International Olympic Committee, 2020 Candidature Procedure and Questionnaire: Games of the XXXII Olympiad (2012), p. 85.

  15. For the statement on entry into the host country, see International Olympic Committee, 2020 Candidature Acceptance Procedure: Games of the XXXII Olympiad (2011), p. 94. For the statements on ambush marketing, and the fiscal guarantees, see International Olympic Committee, 2020 Candidature Procedure and Questionnaire: Games of the XXXII Olympiad (2012), p. 84, 115.

  16. International Olympic Committee, 3rd Summer Youth Olympic Games in 2018: Report of the IOC Working Group (2012), p. 29–30, 32.

  17. International Olympic Committee, Games of the XXXI Olympiad 2016 Working Group Report (2008), p. 58. The Rotterdam bid presented the fiscal guarantees late due to an election held in the Netherlands 1 month before the bid was due, and a government coalition not coming together until over a month after the submission of the bid. However, even after the Dutch government sent along the additional documents in January 2013, only the City of Rotterdam submitted a financial guarantee, leaving the IOC Working Group to remark in a seemingly mystified manner: “This letter cannot be considered a guarantee from any party other than the city of Rotterdam—how can the city guarantee millions on behalf of other parties?” International Olympic Committee, YOG 2018 Bid Process, Rotterdam Additional Submission (2013), available at http://www.olympic.org/Documents/YOG/2018/YOG_2018-Rotterdam_additional_documents-2013-01-16-ENG.pdf.

  18. Code of Olympic Games to be Conducted in Istanbul City No. 3796 (Tr.).

  19. Mestre 2009, p. 15.

  20. Major Sporting Events Act, 2009, 30/2009 (Vict., Austl.).

  21. Major Events Management Act 2007, 2007 No. 35, s. 3 (N.Z.). For a discussion and comparison of the Australian and New Zealand acts, see Opie and Toomey 2010, p. 166–83.

  22. Opie and Toomey 2010, p. 167–68.

  23. Rugby World Cup 2011 (Empowering) Act, 2010 No. 123 (N.Z.).

  24. Vancouver 2010, Candidate City, Volume 1, p. 39.

  25. Vancouver 2010, Candidate City, Volume 1, p. 91.

  26. Scassa 2008, p. 32; Strawczynski 2004, p. 214.

  27. See, e.g., City of Vancouver British Columbia 2010 Winter Games By-Law No. 9962.

  28. 2010 FIFA World Cup South Africa Special Measures Act, No. 11 of 2006, s. 4.

  29. Federal Law on Organising the FIFA 2018 Football World Cup and the FIFA 2017 Confederations Cup in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation 2013, No. 108.

  30. Immigration and Refugee Protection Regulations (Financial Administration Act) (Immigration and Refugee Protection Act) SOR 2002/227 (Can.), Part. 10.1 (Repealed SOR/2008-309, s. 2).

  31. Namely, the Schengen Agreement’s “Specific Procedures and Conditions Facilitating the Issuing of Visas to Members of the Olympic Family Participating in the Olympic Games and Paralympic Games.” Regulation (EC) No 810/2009, OJ L 243, p. 1 of 15.9.2009 (the “Visa Code”, Annex XI).

  32. The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011, 2011 No. 2898 (UK).

  33. Sunday Trading (London Olympic Games and Paralympic Games) Act 2012, c. 12 (UK).

  34. Munich Decides to Bid for 2022 Winter Olympics, Reuters, Sept. 30, 2013. http://www.reuters.com/article/2013/09/30/us-olympics-munich-idUSBRE98T0OG20130930.

  35. E.g., Institui o Ato Olímpico, no âmbito da administração pública federal, com a finalidade de assegurar garantias à candidatura da cidade do Rio de Janeiro a sede dos Jogos Olímpicos e Paraolímpicos de 2016 e de estabelecer regras especiais para a sua realização, condicionada a aplicação desta Lei à confirmação da escolha da referida cidade pelo Comitê Olímpico Internacional, Lei No. 12.035, de 1 de outubro de 2009, D.O.U. de 1.10.2009 (Brazil).

  36. See, e.g., Federal Law on Organising the FIFA 2018 Football World Cup and the FIFA 2017 Confederations Cup in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation 2013, No. 108 (Russia).

  37. London Olympic Games and Paralympic Games (Amendment) Act 2011, c.22 (UK).

  38. James and Osborn 2011, p. 416.

  39. See Brabazon 1999, p. 676–78.

  40. London Olympic Games and Paralympic Games (Amendment) Act 2011, c.22 (UK).

  41. Department for Culture, Media, and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 20.

  42. International Olympic Committee, 2012 Candidature Procedure and Questionnaire: Games of the XXX Olympiad in 2012 (2004), p. 78–79.

  43. London Olympic Games and Paralympic Games Act 2006, c. 12 (UK), Art. 22.

  44. See Ellis et al. 2011, p. 298; James and Osborn 2011, p. 422; Vassallo et al. 2009, p. 74.

  45. Scassa 2008, p. 63.

  46. E.g., Preuss et al. 2008, p. 244; Strawczynski 2004, p. 214.

  47. International Olympic Committee, 2012 Candidature Procedure and Questionnaire: Games of the XXX Olympiad in 2012 (2004), p. 122.

  48. London Olympic Games and Paralympic Games Act 2006, c.12 (UK), Schedule 4, §§3(3–4).

  49. London Olympic Games and Paralympic Games Act 2006, c.12 (UK), Schedule 4, §§2–3.

  50. London Olympic Games and Paralympic Games Act 2006, c.12, s. 31 (UK).

  51. Criminal Justice and Public Order Act 1994, c. 33, s. 166 (UK).

  52. James and Osborn 2010, p. 4.

  53. London Olympic Games and Paralympic Games (Amendment) Act 2011, c.22 (UK).

  54. To see a round-up of global news takes on the London 2012 Olympic Games, see London 2012: How the World Saw the Olympic Games, BBCNews, 13 Aug. 2012. http://www.bbc.co.uk/news/uk-politics-19238284. While some newspapers from China and Turkey were critical of the Games, news outlets from Australia, India, Israel, Italy, New Zealand, Pakistan, and the USA, were positive in their post-Games reports.

  55. Cottrell and Nelson 2011, p. 732–733.

  56. See Boykoff 2011, p. 45–46 (enumerating groups protesting against the 2010 Winter Olympic Games); Cottrell and Nelson 2011, p. 740 (stating that “a majority of Olympic protest is based on larger issues of transnational concern.”).

  57. London Olympic Games and Paralympic Games Act 2006, c.12 (UK), Art. 19.

  58. James and Osborn 2011, p. 425.

  59. For an analysis from the Canadian perspective, see Scassa 2008, p. 65–66.

  60. Olympic Charter (2013), Art. 50(3).

  61. The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011, 2011 No. 2898 (UK), s. 7(1).

  62. Paddy Power sponsored an “egg and spoon” race in London, France, leading to a series of ads where it claimed it was sponsoring the “largest athletics event in London this year”.

  63. Beats handed out “Beats by Dr. Dre” headphones to athletes, most notably swimmers, who would then wear the headphones during their introductions at their events, which were televised.

  64. Weiler J, Henshaw T (2013) The Regulation of Ambush Marketing Through Sport Mega-Events Legislation: Striking the Proper Balance. Unpublished draft, p. 9.

  65. Weiler J, Henshaw T (2013) The Regulation of Ambush Marketing Through Sport Mega-Events Legislation: Striking the Proper Balance. Unpublished draft, p. 9.

  66. Department for Culture, Media, and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 21; Olympic Delivery Authority 2013, Annual Report and Accounts, 2012–13, p. 47.

  67. As discussed above, some see ambush marketing as the “appropriation of goodwill” from the event without paying for the rights to do so. Scassa 2009, p. 47; Vassallo et al. 2009, p. 88. Others see ambush marketing as an attempt to confuse consumers as to who the sponsor of the event is. Strawczynski 2004, p. 214. Bacalao-Fleury 2011, p. 197. Small businesses are more likely to be engaged in the former.

  68. Weiler J, Henshaw T (2013) The Regulation of Ambush Marketing Through Sport Mega-Events Legislation: Striking the Proper Balance. Unpublished draft, p. 7.

  69. James and Osborn 2010, p. 6–7.

  70. E.g., Ungoed-Thomas (2012).

  71. London Assembly, Economy Committee, The Price of Gold: Lessons from London 2012 Ticket Sales April 2013, p. 8. The report noted that although LOCOG reached its pledge to make 75 % all tickets available to the public, but that there was large variation amongst events. For instance, only 47 % of tickets were made available to the public for track cycling. The report also found that a lower percentage of public tickets were available for “medal sessions” (63 %) than “non-medal sessions” (76 %).

  72. London Assembly, Economy Committee, The Price of Gold: Lessons from London 2012 Ticket Sales April 2013, p. 8. The report noted that although LOCOG reached its pledge to make 75 % all tickets available to the public, but that there was large variation amongst events. For instance, only 47 % of tickets were made available to the public for track cycling. The report also found that a lower percentage of public tickets were available for “medal sessions” (63 %) than “non-medal sessions” (76 %).

  73. James and Osborn 2010, p. 5.

  74. Department for Culture, Media and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 18.

  75. Department for Culture, Media and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 18.

  76. Canadian tourist spends two nights in cells after arrest for touting £50 tennis tickets, The Telegraph (London), 30 July 2012. http://www.telegraph.co.uk/sport/olympics/news/9438875/Canadian-tourist-spends-two-nights-in-cells-after-arrest-for-touting-50-tennistickets.html.

  77. Department for Culture, Media and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 19.

  78. Commission clears ticketing arrangements for the Athens Olympic Games, 23/05/2003, IP/03/738.

  79. Competition: Commission welcomes improved access to tickets for the 2006 World Cup, 02/05/2005, IP/05/519.

  80. International Olympic Committee, 2020 Candidature Acceptance Procedure: Games of the XXXII Olympiad, 94 (2011).

  81. William (2012).

  82. William (2012).

  83. Doyle (2012).

  84. Ellis et al. (2011), p. 307.

  85. Letter to the Editor from Justin King (Sainsbury’s Chief Executive); Letter to the Editor from John Hannett (General Secretary, Union of Shop, Distributive and Allied Workers), Rt. Rev. John Pritchard (Bishop of Oxford), and James Lowman (Chief Executive, Association of Convenience Store), The Sunday Telegraph (London), 19 August 2012, p. 23.

  86. Department for Culture, Media, and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games (Amendment) Act 2011, December 2012, para 6; Department for Culture, Media, and Sport, Memorandum to the Culture, Media and Sport Select Committee, Post Legislative Assessment of the London Olympic Games and Paralympic Games Act 2006, June 2011, para 8.

  87. See Ellis et al. 2011, p. 305–306.

  88. See generally Brabazon 1999; Sydney 2000 Games (Indicia and Images) Protection Act 1996, 22/1996 (Austl.).

  89. See, e.g., Donatuti 2007; Wang 2005, p. 295.

  90. See Kidd 1992, p. 153; Quebec’s Big Owe Stadium Debt is Over, CBC News, 19 Dec. 2006. http://www.cbc.ca/news/canada/montreal/quebec-s-big-owe-stadium-debt-is-over-1.602530.

  91. E.g., Mehta and Majumdar 2012.

  92. Alissa de Carbonnel, Billions stolen in Sochi Olympics preparations- Russian opposition, Reuters, 30 May 2013. http://www.reuters.com/article/2013/05/30/us-olympics-sochi-corruption-idUSBRE94T0RU20130530.

  93. Quebec, Report of the Commission of Inquiry into the Cost of the 21st Olympiad (Albert A. Malouf, Commissioner), 1980.

  94. Deloitte, Are You On the Bench? Insight into the Qatar Construction market and Opportunities for Real Estate Developers 2013, p. 2, available at http://www.deloitte.com/assets/Dcom-MiddleEast/Local%20Assets/Documents/Services/FAS/me_fas_qatar-construction-market_052013.pdf.

  95. The Chinese government has admitted to over 400,000 people being displaced before the Games even began. Hopkins 2006, p. 165.

  96. See generally Watt (2013).

  97. Sato (2013).

  98. Phillips (2011).

  99. Barchfield (2013).

  100. See, e.g., Watt (2013); Dos Santos (2013), p. 28.

  101. Gaffney (2013), p. 3933.

  102. Human Rights Watch, Race to the Bottom: Exploitation of Migrant Workers Ahead of Russia’s 2014 Winter Olympic Games in Sochi 2013, p. 20, quoting the Russian Federal Migration Service.

  103. Human Rights Watch, Race to the Bottom: Exploitation of Migrant Workers Ahead of Russia’s 2014 Winter Olympic Games in Sochi 2013, p. 20, quoting the Russian Federal Migration Service. p. 4–5.

  104. Human Rights Watch, Building a Better World Cup: Protecting Migrant Workers in Qatar Ahead of FIFA 2022 2012, p. 1.

  105. Human Rights Watch, Building a Better World Cup: Protecting Migrant Workers in Qatar Ahead of FIFA 2022 2012, p. 3–4.

  106. Human Rights Watch, Building a Better World Cup: Protecting Migrant Workers in Qatar Ahead of FIFA 2022 2012, p. 8.

  107. Pattisson (2013).

  108. Putin signs law banning promotion of homosexuality among children, Russian Legal Information Agency (RAPSI), 1 July 2013. http://rapsinews.com/legislation/20130701/267967806.html.

  109. Letter from Boris O. Dittrich, Human Rights Watch to Christophe de Kepper, International Olympic Committee, Discrimination against LGBT people in Russia in relation to the 2014 Winter Olympic Games, June 19, 2013 available at http://www.hrw.org/sites/default/files/related_material/HRW-letter-to-IOC-re-Russia-LGBT-061913.pdf.

  110. Johanson (2013).

  111. Letter from Boris O. Dittrich, Human Rights Watch to Christophe de Kepper, International Olympic Committee, Discrimination against LGBT people in Russia in relation to the 2014 Winter Olympic Games, June 19, 2013, available at http://www.hrw.org/sites/default/files/related_material/HRW-letter-to-IOC-re-Russia-LGBT-061913.pdf.

  112. Whiteside (2013).

  113. Morgan (2013).

  114. E.g., Kidd (2010), p. 902–905.

  115. Gibson (2013).

  116. This paper purposely ignores the security problem created when the private security contract G4S failed to produce the required personnel, leading the UK government to use the military to provide security. This issue is not a “legislative” issue per se, or at least not likely one that could have been readily addressed legislatively.

  117. The author refuses to hand out “medals” to measure the performance of legislation, in light of the plethora of Olympic-related articles that use “Gold, Silver, or Bronze” in their titles, their subtitles, or as a general theme.

  118. Johanson 2013.

  119. See, e.g., de Almeida et al. 2014, p. 3–4; Hayes and Horne 2011, p. 749; Walker et al. 2010, p. 660; Hiller 2000, p. 193.

  120. Foley et al. (2011), p. 322.

  121. FIFA president Sepp Blatter says Brazil may have been wrong choice to host 2014 World Cup, New York Daily News, 17 July 2013. http://www.nydailynews.com/sports/more-sports/fifa-president-thoughts-brazil-world-cup-article-1.1401406.

References

Articles/Books

Laws

  • 2010 FIFA World Cup South Africa Special Measures Act, No. 11 of 2006

  • City of Vancouver British Columbia, 2010 Winter Games By-Law No. 9962

  • Code of Olympic Games to be Conducted in Istanbul City No. 3796 (Tr.)

  • Dispõe sobre as medidas relativas à Copa das Confederações FIFA 2013, à Copa do Mundo FIFA 2014 e à Jornada Mundial da Juventude—2013, Lei No. 12.663, de juhno de 2012, D.O.U. de 6.6.2012 (Brazil)

  • Dispõe sobre o Estatuto de Defesa do Torcedor e dá outras providências, Lei No. 10.671, de 15 de maio de 2003, D.O.U. de 16.5.2003 (Brazil)

  • Institui o Ato Olímpico, no âmbito da administração pública federal, com a finalidade de assegurar garantias à candidatura da cidade do Rio de Janeiro a sede dos Jogos Olímpicos e Paraolímpicos de 2016 e de estabelecer regras especiais para a sua realização, condicionada a aplicação desta Lei à confirmação da escolha da referida cidade pelo Comitê Olímpico Internacional, Lei No. 12.035, de 1 de outubro de 2009, D.O.U. de 1.10.2009 (Brazil)

  • Federal Law on Organising the FIFA 2018 Football World Cup and the FIFA 2017 Confederations Cup in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation 2013, No. 108 (Russia)

  • London Olympic Games and Paralympic Games Act 2006, c.12 (U.K.)

  • London Olympic Games and Paralympic Games (Amendment) Act 2011, c.22 (U.K.)

  • The London Olympic Games and Paralympic Games (Advertising and Trading) (England) Regulations 2011, 2011 No. 2898 (U.K.)

  • Major Events Management Act 2007, 2007 No. 35 (N.Z.)

  • Major Sporting Events Act, 2009, 30/2009 (Vict., Austlii.)

  • Olympic Charter, Art. 50(3) (2011)

  • Rugby World Cup 2011 (Empowering) Act, 2010 No. 123 (N.Z.)

  • “Specific Procedures and Conditions Facilitating the Issuing of Visas to Members of the Olympic Family Participating in the Olympic Games and Paralympic Games.” (Regulation (EC) No 810/2009, OJ L 243, p. 1 of 15.9.2009 (the “Visa Code”, Annex XI)

  • Sunday Trading (London Olympic Games and Paralympic Games) Act 2012, c. 12 (U.K.)

  • Sydney 2000 Games (Indicia and Images) Protection Act 1996, 22/1996 (Austlii.)

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    Ryan Gauthier

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Gauthier, R. Major event legislation: lessons from London and looking forward. Int Sports Law J 14, 58–71 (2014). https://doi.org/10.1007/s40318-013-0034-0

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