JAPAN Law and Practice Contributed by: Atsushi Igarashi, Yoichiro Kuriyama, Misa Takahashi and Kosuke Ojio, TMI Associates
1.2 Misconduct and Match-Fixing There is no specific law in Japan that directly address - es an athlete’s misconduct, cheating, or match‑fixing. However, if an athlete engages in conduct that violates the Penal Code or public gambling laws, they may be punished under those statutes. In addition to legal consequences, the sports organisation to which the athlete belongs may impose disciplinary measures under its own rules. To prevent illegal acts and misconduct, each sports organisation provides compliance training to its ath - letes. For example, the J.League – the top profes - sional football league in Japan – uses the FIFA Early Warning System to monitor and detect irregular bet - ting activity. Similarly, the Japanese Olympic Com - mittee (JOC) has been developing regulations to pre - vent the manipulation of sports competitions, in line with initiatives promoted by the International Olympic Committee (IOC). Japan has experienced several notable sports integ - rity cases. In 2011, a major match‑fixing scandal in professional sumo resulted in the cancellation of the spring tournament, with more than 40 wrestlers and stable masters being forced or advised to retire. In 2020, a professional boat racer was sentenced to three years’ imprisonment with labour and fined approxi - mately JPY37 million for deliberately delaying his fin - ish in exchange for illicit payments. That same year, a J.League club director attempted to persuade players and coaches to fix a match, leading to a two‑year ban from all football‑related activities imposed by the Japan Football Association. 1.3 Betting-Related Offences Under Japanese law, gambling activities – including operating a gambling establishment or organising groups of gamblers – are prohibited and subject to punishment under Articles 185 and 186 of the Penal Code. Exceptions apply only when public agencies are expressly authorised by special laws to operate gambling in specific areas such as horse racing, boat racing, bicycle racing, auto‑racing, and sports promo - tion lotteries. Following amendments to the Act on the Implementation of Sports Promotion Lotteries in 2020, basketball was added to the eligible sports for such lotteries in 2022, alongside football (soccer).
Under this Act, athletes, managers, coaches, and ref - erees involved in the games covered by the lotteries, as well as individuals under the age of 19, are prohib - ited from participating. Individuals who engage in ille - gal gambling may face criminal penalties and may also be subject to disciplinary measures imposed by the sports organisations or teams to which they belong. In Japan, a comprehensive system for sharing bet - ting‑related information between sports governing bodies and betting operators has not yet been fully established. However, both sports organisations and public authorities have increasingly recognised the need to monitor suspicious betting activities and to strengthen integrity measures in order to safeguard the fairness of competitions. Recently, media reports have indicated that several professional baseball players and other athletes have been referred to prosecutors for allegedly using online casinos. These reports have heightened public aware - ness in Japan regarding the involvement of athletes in gambling activities. 1.4 Disciplinary Framework JADA implements doping control in accordance with the JADC. If a positive doping test is returned, a hear - ing will be held and sanctions – such as suspension – may be imposed by the Japan Anti-Doping Disci - plinary Panel. Although this Panel is responsible for imposing sanctions, the sports organisation to which the individual belongs may also impose its own sepa - rate sanctions. Disciplinary procedures for other acts that violate rules of integrity will be imposed under the relevant regula - tions, provided that those regulations specify: • the prohibited acts subject to disciplinary proce - dures; • the persons who may be subject to such proce - dures; • the details of possible disciplinary actions; and • the procedures leading to the imposition of discipli - nary action. However, the nature and severity of disciplinary actions may differ from one sports organisation to another.
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