SPORTS BILL: Hefty penalties for selling fake jerseys, match fixing

The new National Sports Bill includes heavy penalties that protect federations against various forms of loss.

When assented to by the President, you dear sports fans and journalists, might land in trouble for posting your own recordings from match on say your YouTube channel. 

This is something you have probably been doing freely or watching several content creators do on social media all over the world. 

But the Bill bestows ownership of these commercial rights to federations and their members, who retain the authority to control and make revenue from them. 

The Bill therefore criminalizes the electronic media production of sports events for commercial purposes without approval from federations. This production includes recording audios plus capturing videos and pictures without permission from the concerned federation. 

'Commercial purpose' is subject to interpretation but can include posting these recordings on social media. While authorization can include accreditation, invitation to cover a match for free as long as the federation can get value from this.

If a federation chooses to take you on for recording their products without permission and you end up convicted, you are liable to paying a fine not exceeding 120 currency points (Shs2.4m) or facing imprisonment for a jail term not exceeding three years. You might also pay the fine and serve the jail term too.

Worse still, the court could rule that you pay the damages suffered by the federation and also compensate them for their losses.

Such penalties also count with varying degrees for; accessing and participating in sports events illegally, dealing in counterfeit sports material of the Ugandan brand, manipulation of results and being involved in acts of violence among others.

Violence can also lead to bans from participating or attending sports events for a period not exceeding three years.

Fighting mercenaries, registering agents 

When debating on the penalties for illegal participation - which attracts a fine of Shs40m and a jail terms of up to 10 years or both - the Leader of Opposition Mathias Mpuuga tried to convince Parliament that "a six months jail terms would be enough as this is not a capital offence."

But he found a jilted House that has apparently had to deal with mercenaries during past editions of the East African Parliamentary Games.

"I know that you want lenient punishments because you are a school owner but we need to deal with these Bacuba (mercenaries)," the Speaker retorted as she convinced Mpuuga that it should be left to the courts to decided as the six months fall within the 10 year option.

The Speaker also convinced the House that they needed agents, promoters and managers of athletes to be registered by sports federations so as to fight "human trafficking."

Trading players without that registration certificate could lead to one facing jail for three years or paying a fine of Shs10m or facing both penalties.

This leaves an avenue for federations to reign on agents that might not be in their good books but is also seen as over regulation for sports like football where their international body, Fifa, already has guidelines on how agents should operate.

Betting offences

Furthermore, players, members of federations like executive committee members and Trustees, match officials and team owners among others are barred from betting on local games within their sports.

If caught and convicted, they could pay a fine not exceeding Shs1.44m or face jail for up to three years or both (fine and jail). Once the Clerk of Parliament produces the final draft of this Bill, in it will also be a penalty for people who do not report these betting offences.

While appearing on Fufa TV to shade more light on the genesis of the Bill, Magogo revealed that: "the problem currently is not only betting houses who can pre-determine results but even bettors, who are willing to invest where match results are decided so that they can earn profit." In other words people who pay players or coaches or decision makers to influence a result.

Lawyer Timothy Kajja, of KTA Advocates, also warned in a meeting with Uganda Sports Press Association (Uspa) members that this could be the time that some provisions in the Lotteries and Gaming Act of 2015 get activated.

For example, only persons of ages 21 and above are allowed to bet yet the national law recognizes an 18 year old as an adult.

Also on social media, one cannot publicize content (gigs) of a betting company that is not licensed in Uganda in order to attract Ugandan to bet with the said house.

Last but not least, when one is convicted for contravening provisions of this Act - when the President endorses it - for which no penalty has been defined, they are liable to pay a fine of Shs1.44m or face jail for one year or suffer both fine and imprisonment.