Regulations Against Match-Fixing in Denmark

ARTICLE 29

”The Match-Fixing secretariat must prove that the regulations
have been breached. The standard of proof is higher than
the mere balance of probabilities, but less than proving
beyond a reasonable doubt that the regulations have been
breached.”

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Measures

Online and land-based gambling operators offering
betting shall take measures designed to reduce the
risk of collusion (“match-fixing”) in betting, and shall
refuse to accept wagers in betting where there are
grounds to suspect collusion.

Gambling operators taking bets on horses or dogs
and competitive pigeon racing, i.e. Danske Spil A/S
and local pool betting are not covered by this.
One year after gaining their licence, gambling operators
are required to prepare a report to the gambling
authority. One of the areas covered in the report is
match-fixing, where an explanation is required of
the measures put in place by the gambling operator
in question to reduce the risk of match-fixing.

In addition, rules have been established to the effect
that gambling operators shall not offer betting
on sports events to adolescents under the age of
18, and there are requirements for gambling operators
to be certified under the gambling supervision
authority’s certification programme.

Planned measures

Executive Order No. 65 of 25 January 2012 on the
provision of Online Betting and Executive Order No.
66 of 25 January 2012 on the provision of Landbased
Betting were issued Pursuant to Section 11
of Act No. 848 of 1 July 20[10] of the Danish Act on
Gambling (spilleloven).
The Executive Orders lay down provisions relating
to match-fixing, etc., designed to reduce the risk of
match-fixing.
Sections 22 and 23 of the Executive Order on the
provision of Online Betting and sections 7 and 8 of
the Executive Order on the provision of Land-based
Betting have identical wording, as follows:
Section 7, section 22. The licence holder shall take
measures designed to reduce the risk of collusion
(“match-fixing”) in betting, and shall refuse to accept
wagers in betting where there are grounds to
suspect collusion.
Section 8, section 23. The licence holder shall not
offer betting on sports events to adolescents under
the age of 18.
The categories of events with the greatest risk of
match-fixing is indicated, for example, in comments
on section 11 of the Danish Act on Gambling:
• Betting where an individual sportsman has complete
control over the outcome of the bet, and
where the players bet on winning, is of little or no
sporting significance.
• Events where a few sportsmen or the referee can
influence the outcome of the bet, without this
significantly affecting the overall sporting aspect
of the match.
• Betting on matches in lower divisions.
• Betting offered on youth sports events.
Section 43(1) of the Danish Act on Gambling obliges
licensed gambling operators to prepare a report
one year after their licence was issued. The report
must explain whether, in the first year, the licence
holder has provided gambling in accordance with
the conditions of the licence. One of the areas in
the report is match-fixing, where the licence holder
must explain what measures have been put in place
to reduce the risk of match-fixing.

Current legislation to combat match-fixing

Gambling legislation Section 11 of Act No. 848 of 1 July 20[10] of the Danish Act on Gambling (spilleloven) states that the Minister of Taxation may lay down rules prohibiting the provision of betting on specified categories of events.

Executive Order No. 65 of 25 January 2012 on the provision of Online Betting and Executive Order No. 66 of 25 January 2012 on the provision of Land-based Betting were issued pursuant to this provision. The Executive Orders lay down provisions relating to match fixing, etc., designed to reduce the risk of match fixing.

Sections 22 and 23 of the Executive Order on the provision of Online Betting and sections 7 and 8 of the Executive Order on the provision of Land-based Betting have identical wording, as follows Section 22/ section 7.

The licence holder shall take measures designed to reduce the risk of collusion (“match-fixing”) in betting, and shall refuse to accept wagers in betting where there are grounds to suspect collusion. Section 23/ section 8. The licence holder shall not offer betting on sports events to adolescents under the age of 18.

The categories of events where the risk of match-fixing is the greatest according to the explanatory remarks to section 11 in the Danish Gambling Act are e.g.: Betting where one single sportsman or sportswoman has total control of the outcome of the bet and where the bets placed by the players are only of little or no importance in so far as the sport is concerned; Events where a few sportsmen or the referee may decide the outcome of the bet without it having any noticeable effect on the match as a sporting match; Betting on matches in low-ranking leagues; Betting provided on youth sport Section 43(1) of the Danish Act on Gambling obliges licensed gambling operators to prepare a report one year after their licence was issued. The report must explain whether, in the first year, the licence holder has provided gambling in accordance with the conditions of the licence. One of the areas in the report is match-fixing, where the licence holder must explain what measures have been put in place to reduce the risk of match-fixing.

The Penal Code

The Penal Code does not include any provision that inherently criminalises manipulation of sports events. However, the Penal Code does include a number of provisions that, depending on the circumstances, may be applied in cases where individuals inappropriately change – or attempt to change the course of a sports event. The key provision in this context must be assumed to be Section 279 of the Penal Code relating to fraud. In addition, other provisions of the Penal Code may come into play where independent criminal influence has been exerted on actors in the world of sport, e.g. coercion.

 The Sports Confederation of Denmark (DIF)

In May 2013, DIF adopted regulations designed to prevent and counteract match-fixing. The regulations prohibit match-fixing, and a number of other similar types of unethical conduct, including betting on a player’s own matches. The regulations apply to all 61 specialist federations in DIF. The Danish Football Association has signed up to these regulations. Sportsmen and women, referees, trainers, team managers and other individuals involved in DIF sports are covered by the new regulations. Match-fixing involves irregularly changing or influencing the course/result of a sports competition in order to derive benefit or gain for oneself or others and in order to eliminate some of the uncertainty associated with the course and outcome of sports competitions. A match-fixing office has been set up to investigate and prepare cases. All those covered by the rules is obliged to inform the office if any violation of the rules comes to their attention. A match-fixing board will rule on the cases. Sanctions can include temporary or permanent bans, fines, retraction of prize money and disqualification of results achieved and similar disciplinary sports sanctions.

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