Introduction: Topic Overview
Professional sport is an environment in which fair competitive spirit is cultivated; however, this principle is often violated by ethical and legal complexities. The main legal issues in sports are employment contracts, judging system, antitrust policy, waiver of liability
and legislation regarding ticket resale. Ethical dilemmas include gender inequality, undue pressure and responsibility for the health of athletes, and doping. A collective approach of coaches, sports organizations and athletes is required to address the challenges.
Legal Issues
Employment Contracts
Professional sports leagues have complex contract systems, designed to protect the rights of athletes and employers. One example of defensive action is the salary cap imposed by major sports leagues. Working conditions for athletes are dictating restrictive rights or prohibitions on player exchanges. Contract options being introduced allow teams to retain players for a percentage of the previous period’s salary. The salary cap is also a deterrent, depriving additional motivation and limiting athletes. Retention of players by contractual terms can stretch for several years. Some contracts allow the dismissal of players who do not meet expectations, which causes financial and reputational damage. Thus, on the one hand, labor contracts are aimed at protecting antitrust laws; on the other hand, they carry serious restrictions for professional players.
Judging System
During the games, the referees carefully observe the actions of the players and immediately decide on their compliance with the rules. A match referee must be objective and make decisions based on professional experience and established standards. However, it is impossible to exclude the subjective component during the judicial process. The courts are called upon to resolve sporting dilemmas relating to violations of the rights of the parties involved, employers, athletes and spectators. The courts decide what level of care organizers should show to spectators and employers to their players. Fans and athletes in many sports carry safety risks, and courts are called upon to determine who is at fault in any given situation. However, it is difficult to determine whether the parties have been made aware of the levels of risk they may face.
Antitrust Policy
Antitrust laws are designed to encourage competitive behavior and advocate for the protection of affected parties from unfree trade. Some leagues, such as Major League Baseball, enjoy antitrust exemptions (Blair and Wang 18). Such indulgence prevents the formation of new competitive leagues, since professional organizations can prohibit the transfer of athletes. Currently, legislative policy is moving towards the abolition of such indulgences. However, for less common sports, this can be detrimental, as it interferes with the formation of a permanent team of a small number of players. Thus, big sport is faced with the dilemma of keeping strong players in leagues and teams without violating the rights of athletes and antitrust laws.
Waiver of Liability
A waiver of liability implies the release of one party to the contract from liability for the actions of the other party on the territory of the organization or with controlled equipment. In order for such complex cases to succeed in court, the wording of the contract must be clear, accessible and understandable to the consumer, which is not always observed. The disclaimer problem accompanies both professional and amateur sports. For example, a representative of a ski area, by means of an agreement, relieves themselves of responsibility for accidents. In contract sports, a disclaimer may imply a certain degree of risk that players agree to by signing a contract. The disclaimer may be an example of a lack of care by a league for players or a sports venue for recreational athletes.
Ticket Resale
The organizer of a sporting event has the right to impose conditions on the sold ticket and its owner. These conditions are governed by legislation, setting limits on resale prices, a complete ban on resale of tickets, while some states do not restrict free resale (Baker 353). Resale of tickets can be disadvantageous for both the buyer and the organizer of the event if tickets are sold at a premium. However, if a state or organizer places restrictions on resale, this may be contrary to free market norms, which is also not an effective solution for all parties involved.
Ethical Issues
Gender Inequality
Gender disparity in professional sports is manifested not only in inequality of participation and opportunities, but also in wages. In virtually all professional sports, men earn more than women. For example, in basketball, male athletes earn 15% more than women (Agha and Berri 55). This phenomenon occurs due to the fact that women’s sports do not bring such significant income compared to men. This argument leads to the conclusion that sport is in principle not fair to women and does not provide the potential opportunity to earn equal sums with men. The potential possible step towards closing the gap would be better marketing towards women athletes and women’s sports.
Excessive Pressure on Athletes
Many athletes face undue pressure, which is the result of insufficiently clear boundaries in the behavior of coaches, agents, team or league management. In order to get the maximum profit from one particular player, managers can use moral violence, resort to manipulation and force the athlete to work in extreme conditions. Every professional athlete understands that in order to achieve high results, one must take risks and work hard, but it does not justify the moral violence used. Especially at high risk are young athletes, whose psyche may not be fully formed. Coaches, sports agencies and professional leagues must strike a balance between discipline and pressure without unethical practices on athletes.
Doping Use
The use of doping in sport is unethical behavior that is strictly suppressed by international rules and standards. Doping results in an unequal sporting environment and adversely affects the health and reputation of athletes. Recognition of the potentially harmful consequences of doping has prompted sports organizations to work together to maintain the basis of fair competition during sports competitions. However, doping bans are ineffective as many athletes continue to use psychoactive substances. It is necessary to take a multifaceted approach to the issue of doping use. First of all, a clear understanding of how doping is delineated and which biological substances are doping is necessary. It is also important to take into account the health problems of athletes caused by doping and address them on a case-by-case basis.
Athlete’s Health
Athletes’ health issues concern their well-being and the reputation of the professional leagues and agencies where they are involved. Athletes seeking to improve their athletic performance can be detrimental to their health through excessive training, unhealthy dietary habits, or the use of hazardous supplements. Due to excessive workloads and a decrease in the share of social life, athletes may face psychological problems. More than 30% of professional athletes experience symptoms of depression or other mental disorders, and it can be difficult for them to seek psychological help (Stillman et al. 768). An ethical issue is the responsibility for the health of professional athletes. The league or sports agency must assist athletes to receive appropriate treatment; however, not everyone sees this as reputational or financially beneficial.
Addressing the Issues
The aforementioned legal and ethical issues in sport need to be addressed in order to get in the way of their resolution. Conscientious coaches, sports agents and professional league managers should promote ethical action plans. All parties in professional sports must act in accordance with legal and ethical standards. There is no one effective solution to legislative omissions or ethical issues; each case must be approached specifically. The most effective way to resolve dilemmas is to build community sporting values based on legality and ethics.
Challenge Management
Unethical or illegitimate sports behavior is often based on the desire of athletes to gain an advantage. In order for challenge management to be effective, the joint efforts of coaches, administrators and athletes are necessary. First of all, it is important to make sure that the sports program is aimed at meeting the needs of athletes and society, and address generally accepted rules. All parties need to work together to create an athletic environment that rewards effort and learning. Athletes need to instill a sense of community and encourage teamwork. It is necessary to immediately identify manifestations of discrimination and prevent such cases.
Ethical Dilemmas on the Professional Spectrum
Sports leaders play a key role in promoting practices that are designed to create an environment for athletes to be inspired and achieve overall results. It is necessary to instill in athletes useful communication and social skills, as well as to create a culture of indestructible values. The basic principle for resolving ethical dilemmas in professional sports should be honesty and fairness. The fulfillment of these criteria will make the subjectivity of judgments impossible. In any issue, all parties should be taken into account, their motives should be understood, and cause-and-effect relationships should be built to avoid repetition of situations.
Thoughts and Concerns
The main concerns about legal and ethical issues in sport are that not all dilemmas can be resolved in practice. For example, the ethical problem of gender inequality requires significant steps from the whole society, which cannot be solved by the efforts of one person. The only potential solution to these kinds of problems is to prevent them. This requires new laws and rules that are the same for everyone, the readiness of athletes, coaches and administrators. For such shifts to be possible, a global promotion of sports as an honest phenomenon is required, which requires a significant amount of time.
Balancing Decision-Making
Decisions about ethical dilemmas in sport can be complex and must take into account the interests of all parties involved. Balance in decision-making can be achieved if it is guided by the principles of fairness and honesty, as well as taking into account the potential consequences of the decision. The resolution of major disputes in professional sports can set a precedent, and a decision needs to be made considering the possible benefit for society in creating a more ethical environment.
Advice in Messaging the Issues
Sports organizations play a significant role in resolving legal and ethical dilemmas. It is necessary to adhere to several principles that will make decision making fairer. It is needed to follow generally accepted rules, and approach each situation individually. The health and well-being of athletes must be more significant than profits. Discrimination must be stopped immediately, and the sports community should be educated in the spirit of tolerance and ethics. Taking an unfair advantage should be punishable, but the reasons for such behavior must be understood in order to avoid such situations.
The Role of Sport Organizations
Sports organizations are responsible for creating an ethical environment with healthy competition. They have the right to inculcate tolerant behavior in athletes and dictate generally accepted sports values of the spirit of competition, honesty and fairness. Sports organizations can broadcast positive public messages aimed at treating each other ethically, upholding the law and maintaining fair play. Sports organizations can set a positive example by caring about the health of athletes and the safety of fans.
Sponsors Position
The position of sponsors in the case of legal and ethical dilemmas should protect the fair treatment of all interested parties. Sponsors will continue to prioritize generating revenue, but maintaining an ethical decision and position on a controversial issue can enhance their reputation. In order to continue to make a profit, it is necessary to take an honest position and promote ethical standards in professional sports. In the future, such a position will bring more profits and will not cause reputational losses.
Conclusion
Legal and ethical issues in professional sports require a comprehensive approach. The most effective strategy for addressing these challenges is a collaborative approach by all parties involved. This approach must be based on the creation of a fair, tolerant and ethical environment focused on the well-being of athletes before profits. Eliminating dilemmas is a long collective process; however, it is necessary to maintain healthy competition in sport and motivate athletes to high performance.
Works Cited
Agha, Nola and Berri, David. “Gender Differences in the Pay of Professional Basketball”. Emerald Studies in Sport and Gender, Emerald Publishing Limited, Bingley, 2021, pp. 53-70, Web.
Baker, Dennis. “Cyber-Ticket Touting as Fraudulent Trading.” The Journal of Criminal Law, vol. 86, no. 5, 2022, pp. 353-363, Web.
Blair, Roger D., and Wenche Wang. “Rethinking Major League Baseball’s Antitrust Exemption.” J. Legal Aspects Sport, vol. 30, no. 1, 2020, pp. 18-40, Web.
Stillman, Mark A., et al. “Psychotherapy for Mental Health Symptoms and Disorders in Elite Athletes: A Narrative Review.” British Journal of Sports Medicine, vol. 53, no. 12, 2019, pp. 767-771, Web.