COMBATTING MATCH FIXING IN FRANCE
Match fixing in sport, or the manipulation of the results of sports competitions and events, is an ongoing and widespread problem despite continuing attempts, at the national and international levels, to eradicate it.
Unfortunately, France is not immune from match fixing in its various forms, including betting-related instances, with regards to a variety of sports, including football.
At the International level, an important measure against match fixing is the so-called ‘Macolin Convention’, that is, the Council of Europe Convention on the Manipulation of Sports Competitions of September 2014.
The Convention defines match fixing as follows:
“An intentional arrangement, act or omission aimed at an improper alteration of the result or the course of a sports competition in order to remove all or part of the unpredictable nature of the aforementioned sports competition with a view to obtaining an undue advantage for oneself or for others.”
France has been a driving force behind this measure and signed the Convention, but only ratified it recently. The instrument of ratification by France of the ‘Macolin Convention’ was registered, on 21 June 2023, by the Council of Europe Treaty Office.
Match fixing has increased with the rise of social media platforms, which provide easier access to sportspersons and teams, particularly in football. In fact, it is easier for individuals to engage in match fixing rather than sports teams.
Whilst France appears, in theory at least, to be well protected through a range of legal measures against match fixing, it has also introduced a robust legal framework to reinforce these protections.
One significant measure is the establishment of a National Platform to combat the manipulation of sports competitions, created under the Law of 2 March 2022, aimed at democratising sport in France. Inspired by Article 13 of the ‘Macolin Convention’, this platform is chaired by the Minister of Sports and brings together institutions and services involved in this fight, including public authorities, such as the police, justice system, and Tracfin, as well as representatives from the CNOSF (the French National Olympic Committee), sports federations, referees, coaches, and betting operators, like the FDJ, facilitating the exchange of information amongst stakeholders.
A Decree issued on 29 December 2023 outlines the organisation, functioning, and modalities of information exchange within this platform, enhancing its operational effectiveness. The National Gaming Authority (ANJ) plays a central role in the effective operation and coordination of this platform. It is responsible for receiving and analysing reports of suspicious bets placed on sports competitions organised or open to betting within the French territory. Only bets on competitions, sporting events, specific game phases, and result types, explicitly authorised by the ANJ, are permitted in France.
To this end, the ANJ maintains an up-to-date list of authorised sports betting supports, known as the ‘sports list,’ which is available online. In cases of serious and consistent evidence of sports manipulation, the ANJ President can impose a betting ban on a particular match or competition.
Furthermore, France has established a specialised police unit within the Central Service of Races and Games (SCCJ) to tackle specifically sports manipulation. This unit works closely with national and international partners to investigate and prevent match fixing.
Additionally, Article L131-16(c) of the French Sports Code requires sports federations to prohibit sports participants from betting, directly or indirectly, on competitions within their own discipline. It also forbids them from sharing privileged information, obtained through their profession or role, with third parties when such information is not publicly known.
Another preventive measure is the promotion and facilitation of whistle blowing. In April 2021, France launched ‘Signale,’ a dedicated multi-sport platform that allows anonymous reporting of actual or potential match fixing or threats to sports integrity. This initiative is financed by the Ministry of Sports and various French sports organisations, including the French Football Federation (FFF).
The French Criminal Code includes provisions that address match fixing and manipulation of sports competitions under corruption-related offences. Depending upon the circumstances, different legal provisions apply. For instance, Article 445-1-1 of the French Penal Code punishes anyone who offers, directly or indirectly, benefits to sports participants to alter the fair conduct of a competition with up to five years’ imprisonment and fines of up to €500,000 (around CHF 471,000), which may be doubled based on the profits from the offence.
In cases involving public officials, Article 433-1 applies, prescribing harsher penalties of up to ten years’ imprisonment and fines of €1 million (around CHF 942,000), which may also be doubled depending upon the financial gain from the offence.
Moreover, in a bid to strengthen cross-border cooperation, France and the United Kingdom signed agreements on 19 January 2018 to share expertise and best practices in tackling sports corruption and match fixing.
The growth of women’s football and related competitions has also brought new vulnerabilities. In September 2021, several female players in French Division 1 clubs were approached to fix matches. They promptly reported the attempts to their management and the football authorities, highlighting the importance of vigilance and prompt reporting to combat match fixing.
These developments highlight proactive legal efforts in France to protect the integrity of sports and tackle the ongoing challenges of match fixing.
We advise and legally represent clients in match fixing cases and further information is available from either Dr Estelle Ivanova, the Head of our French Desk, or Dr Lucien Valloni, our Managing Partner, by email at ‘ivanova@valloni.ch’ and ‘valloni@valloni.ch’ respectively.