JAPAN Law and Practice Contributed by: Atsushi Igarashi, Yoichiro Kuriyama, Misa Takahashi and Kosuke Ojio, TMI Associates
1.3 Betting Under Japanese law, gambling activities, including running a gambling establishment or organising a group of gamblers, are subject to punishment under Articles 185 and 186 of the Penal Code, except where public agencies are specifically authorised by special laws to run gambling establishments in the fields of horse racing, boat racing, bicycle racing, auto racing and sports promotion lotteries. In 2020, the Act on the Implementation of Sports Promotion Lot - teries was amended, and since 2022, basketball has been subject to such a lottery, in addition to football (soccer). According to the Act, athletes, managers, coaches and referees of the games subject to the lotteries, as well as those under the age of 19, are not allowed to participate. Persons who engage in illegal gambling may not only be punished by law, but also by the sports organisation or companies to which they belong. 1.4 Disciplinary Proceedings The JADA implements doping control in line with the JADC. In the event a positive doping test is obtained, a hearing will be held and sanctions (such as suspension) may be decided by the Japan Anti-Doping Disciplinary Panel. Although the body for sanctions is the Japan Anti-Dop - ing Disciplinary Panel, the sports organisation to which those who are found to be in violation belong may impose separate sanctions. Disciplinary procedures for other acts that vio - late the principle of integrity will be imposed under relevant regulations if: • the prohibited acts are subject to disciplinary procedures; • a person is subject to disciplinary procedures; • the details of the disciplinary action are known; and
• the procedures leading to the disciplinary action, are provided for in the regulations, although the disciplinary action will vary from one sports organisation to another. In addition, sports organisations or companies may punish their members for unethical behav - iour in their private life (eg, for acts of infidelity). 2. Commercial Rights 2.1 Available Sports-Related Rights In addition to sponsorship and broadcasting revenues, merchandising rights as well as ticket and hospitality revenue are major sources of revenue for sporting events. For example, the Tokyo Organising Committee of the Olympic and Paralympic Games (the “TOCOG” ) received approximately JPY14.4 billion in licensing fees and had forecasted about JPY90 billion in ticket revenue at the Tokyo 2020 Olympic and Para - lympic Games (the “Tokyo 2020 Games” ). How - ever, due to the COVID-19 pandemic, the Tokyo 2020 Games were held without spectators and all tickets were refunded. The Rugby World Cup 2019 Organising Committee received ticket rev - enues (JPY38.9 billion) from the 2019 Rugby World Cup, with no sponsorship, broadcasting and licensing revenues coming in. Official resale services were provided for the Rugby World Cup 2019. Tickets for the Rugby World Cup 2019 were allowed to be resold at regular prices via official resale sites. Resale of tickets by other methods, such as auction websites, was prohibited by the terms and conditions applicable to ticket purchase and use. However, the official resale service for the Tokyo 2020 Games was cancelled due to the COVID-19 pandemic.
158 CHAMBERS.COM
Powered by FlippingBook