Ben Nichols, senior manager for media relations and communications at the World Anti-Doping Agency (WADA), considers calls to introduce legislation that would make it a criminal offence for an athlete to dope.
It is not an overstatement to say that in recent times the integrity of sport has been questioned like at no time before. We have seen governance failures at major international sport federations, match fixing claims at the highest level of tennis, and, yes, numerous doping scandals. We in sport face challenges on a number of fronts, but with doping adversely affecting the athletes themselves, there can be no doubt that doping still remains the greatest threat to modern-day sport.
We are only just over 15 months into an era of new World Anti-Doping Code rules: an era of enhanced rules that includes longer, four-year bans for first time doping offences; rules that cover not just athletes but also the athlete entourage; quality-focused testing; and a shift from relying solely on scientific testing towards a greater focus on investigations.
Yet, despite this superior armoury that we now have in our possession to level the playing field, there are some in sport seeking new and different solutions, outside the confines of the World Anti-Doping Code, to help confront the doping disease.
One of the proposed solutions, for which there has been a great deal of discussion in the United Kingdom, is to introduce legislation that would make it a criminal offence for an athlete to dope. Is imprisoning athletes for taking doping substances really the answer to cure all of sport’s doping ails?
The case for criminalising athletes for doping has been made time and again, and the World Anti-Doping Agency (WADA)’s position on this is clear. Above all, it’s important to stress that WADA doesn’t wish to interfere in the sovereign right of any government to make laws for its people, as that is the right of the country’s government, and that government alone.
“We at WADA don’t believe that doping needs to be made a criminal offence for athletes, nor do we believe there is appetite for such a move amongst the anti-doping in sport movement.”
Our view, however, is that the sanction process for athletes – which includes the ability for a right of appeal to the Court of Arbitration for Sport (CAS) – is a settled process, and in fact it was this very process that was globally accepted by the world of sport and governments at the World Conference on Doping in Sport in Johannesburg back in 2013.
Now, under the updated World Anti-Doping Code, the standard athlete sanction for a first time doping violation was doubled from two to four years. This lengthening of the ban was based on high-level legal advice received from the former European Court of Human Rights Judge, Jean Paul Costa. Judge Costa stated that moving to a four year sanction would be proportionate and fair for the offence committed. It was his opinion that anything above that – including a lifetime ban for first time doping – would be contrary to human rights and, if imposed, would lead to all sorts of legal challenges and appeals. Anything beyond four years would not hold up in the court of law.
And with such esteemed legal advice, we at WADA don’t believe that doping needs to be made a criminal offence for athletes, nor do we believe there is appetite for such a move amongst the anti-doping in sport movement.
Whilst we don’t believe in criminalising athletes for doping, there is however an important distinction to be made with our view on laws surrounding those who provide the banned substances to athletes. We are of the view that governments should introduce laws that penalise those who are trafficking and distributing banned substances. This is in fact a commitment governments made in signing up to UNESCO International Convention against Doping in Sport, a global Convention drawn up in world-record time, which allows governments to formally recognise and stick to the World Anti-Doping Code.
On top of this, governments are also required to put in place legislation, regulation, policies or administrative practices for cooperation and sharing of information with Anti-Doping Organisations; another important step that helps us piece together doping cases.
Whilst “criminalising doping” may not be the answer to levelling the playing field, it is interesting that countries that have introduced criminal legislation for doping by athletes – take Italy, one of two countries to have “criminalised doping”, for example – have been effective in catching athlete support personnel that either possess or traffic performance enhancing drugs.
It seems that, given the threat of being imprisoned, these individuals are often more cooperative with anti-doping authorities, which can point authorities to the source of the problem. Evidence that the carrot and stick approach can reap rewards when it comes to pursuing doping cases.
Ben Nichols {filedir_5}doping_generic_720x400.jpg
Ben Nichols, senior manager for media relations and communications at the World Anti-Doping Agency (WADA), considers calls to introduce legislation that would make it a criminal offence for an athlete to dope.
It is not an overstatement to say that in recent times the integrity of sport has been questioned like at no time before. We have seen governance failures at major international sport federations, match fixing claims at the highest level of tennis, and, yes, numerous doping scandals. We in sport face challenges on a number of fronts, but with doping adversely affecting the athletes themselves, there can be no doubt that doping still remains the greatest threat to modern-day sport.
We are only just over 15 months into an era of new World Anti-Doping Code rules: an era of enhanced rules that includes longer, four-year bans for first time doping offences; rules that cover not just athletes but also the athlete entourage; quality-focused testing; and a shift from relying solely on scientific testing towards a greater focus on investigations.
Yet, despite this superior armoury that we now have in our possession to level the playing field, there are some in sport seeking new and different solutions, outside the confines of the World Anti-Doping Code, to help confront the doping disease.
One of the proposed solutions, for which there has been a great deal of discussion in the United Kingdom, is to introduce legislation that would make it a criminal offence for an athlete to dope. Is imprisoning athletes for taking doping substances really the answer to cure all of sport’s doping ails?
The case for criminalising athletes for doping has been made time and again, and the World Anti-Doping Agency (WADA)’s position on this is clear. Above all, it’s important to stress that WADA doesn’t wish to interfere in the sovereign right of any government to make laws for its people, as that is the right of the country’s government, and that government alone.
Our view, however, is that the sanction process for athletes – which includes the ability for a right of appeal to the Court of Arbitration for Sport (CAS) – is a settled process, and in fact it was this very process that was globally accepted by the world of sport and governments at the World Conference on Doping in Sport in Johannesburg back in 2013.
Now, under the updated World Anti-Doping Code, the standard athlete sanction for a first time doping violation was doubled from two to four years. This lengthening of the ban was based on high-level legal advice received from the former European Court of Human Rights Judge, Jean Paul Costa. Judge Costa stated that moving to a four year sanction would be proportionate and fair for the offence committed. It was his opinion that anything above that – including a lifetime ban for first time doping – would be contrary to human rights and, if imposed, would lead to all sorts of legal challenges and appeals. Anything beyond four years would not hold up in the court of law.
And with such esteemed legal advice, we at WADA don’t believe that doping needs to be made a criminal offence for athletes, nor do we believe there is appetite for such a move amongst the anti-doping in sport movement.
Whilst we don’t believe in criminalising athletes for doping, there is however an important distinction to be made with our view on laws surrounding those who provide the banned substances to athletes. We are of the view that governments should introduce laws that penalise those who are trafficking and distributing banned substances. This is in fact a commitment governments made in signing up to UNESCO International Convention against Doping in Sport, a global Convention drawn up in world-record time, which allows governments to formally recognise and stick to the World Anti-Doping Code.
On top of this, governments are also required to put in place legislation, regulation, policies or administrative practices for cooperation and sharing of information with Anti-Doping Organisations; another important step that helps us piece together doping cases.
Whilst “criminalising doping” may not be the answer to levelling the playing field, it is interesting that countries that have introduced criminal legislation for doping by athletes – take Italy, one of two countries to have “criminalised doping”, for example – have been effective in catching athlete support personnel that either possess or traffic performance enhancing drugs.
It seems that, given the threat of being imprisoned, these individuals are often more cooperative with anti-doping authorities, which can point authorities to the source of the problem. Evidence that the carrot and stick approach can reap rewards when it comes to pursuing doping cases.
{filedir_5}doping_generic_720x400.jpg
