ABSTRACT
This chapter analyses international approaches to combating match-fixing in the context of recent major match-fixing scandals which can be linked to the global expansion of sports and the growth of online sports betting, especially illegal betting. Typologies for the regulation of gambling and the prohibition of match-fixing from around the world are presented. It is argued that these typologies demonstrate that there is no commonly agreed or settled approach to either match-fixing or sports betting. The position in regard to match-fixing is characterised by laws different in nature and structure, in turn exhibiting variation in the conduct prohibited, the persons subject to the offences and the penalties which may be imposed. In regard to sports betting, other than to liberalise in varying degrees consumers’ lawful access to online gambling services, no particular regulatory response has emerged as dominant globally. The considerations which feature in reform debates include restraining the spread of gambling, maintaining some degree of public ownership of betting service providers, protection of gamblers from unethical practices, control of organised crime including money-laundering, preservation of taxation revenue and the fight against match-fixing. Next, the chapter analyses the Council of Europe Convention on the Manipulation of Sports Competitions (‘Convention’). Three actors and three key areas of effort for combating match-fixing are identified by the Convention. The actors are public authorities (including law enforcement bodies), sports organisations (including competition organisers) and betting operators; the three key areas of effort are prevention, monitoring and investigation. Essential to the Convention model is the exchange of information between the three actors across all three areas of effort. Criminalisation of match-fixing forms another key element of the Convention model but the nature and penalty of any such offences are to be determined by individual signatories. The implementation of measures against illegal gambling is also required by the model. The Convention’s suitability as a model in the Asia-Pacific for national laws against match-fixing is then considered with particular reference to Japan and Australia. The chapter argues that Asia-Pacific countries can strengthen their measures against 112match-fixing to keep sports clean by adopting the Convention model. As the Asia-Pacific includes a wide range of national governance and legal systems, economic systems, cultures and local sports, the Convention model could become a basis for consensus and harmonisation in the region.
