We provide bespoke legal advice to sports organisations on commercial issues, taxation, intellectual property and on all sports law related matters.  

The de-amateurisation of sport at the turn of the twentieth century, the advancement of medicine, the reorientation of governments towards the use of sport for particular national and international policy outcomes and the commercialisation of sport have all revolutionised sport. Established legal principles deriving from, inter alia, criminal law, the law of contract and competition law have gradually impinged upon the operation of sport to the point where the sport industry is today regulated by a complex pattern of sport-specific legislation. Issues such as public order and sport, corruption in sport, drugs and sport, conduct in sport and wider issues relating to intellectual property, commercialisation of sports facilities and taxation are common features of the Maltese legislative landscape.                               

Act XXXV of 2018 is the latest addition to the body of law regulating the sport industry. It provides for the prevention of corruption in sport and imposes sanctions on individuals who engage in the manipulation of a sporting event. The duty to report is the cornerstone of this piece of legislation inasmuch as whosoever becomes aware of the manipulation of a sporting event and fails to communicate such knowledge to the Commissioner for Police shall also be guilty of an offence under the Act. [Chapter 593 of the Laws of Malta] 

In parallel, other statutes such as The Malta Football Association (“MFA”) Statue and the Union des Associations Européennes de Football (“UEFA”) Statutes set disciplinary measures and rules of procedure regulating the conduct of their members. Governing bodies vested with a regulatory and, or sanctioning function exist across most sport disciplines.

On a national scale, the Sports Act establishes SportMalta, the public body responsible for sport in general. SportMalta serves a plethora of functions, which include keeping a Register of Sport Persons and being vested with the enjoyment, use, management and administration of designated immovable property – sport facilities. SportMalta also administers a number of schemes designed to provide financial assistance or otherwise to sports organisations and athletes alike. [Chapter 455 of the Laws of Malta]

At organisational level, soliciting expert advice can accelerate strategic change. A novelty under Maltese law is the Commercialisation of Sports Facilities. The Regulations establish the criteria on the basis of which a sports organisation may be granted the right to carry out commercial activity within a sports facility. Developing the right strategy for your organisation whilst ensuring sound governance is crucial in achieving commercialisation that will lead to the infrastructural, financial and sporting growth of the sports organisation. [S.L. 455.12] 

The globalisation of sport and the digital revolution have also brought about pieces of legislation regulating gaming services from and within Malta. In accordance with the Gaming Authorisations Regulations, the Malta Gaming Authority (“MGA”) is vested with the sole discretion to classify an activity as a game of chance, a game of skill or otherwise on the basis of the considerations listed in the Sixth Schedule to the Regulations. As a general rule, any person offering a game of skill shall be exempt from obtaining a licence from the MGA, unless that activity is classified as a controlled skill game. Pursuant to its ruling of August 1, 2018, the MGA has classified fantasy sports as a controlled skill game and, therefore, the offering of a fantasy sports game requires a Type 4 licence in terms of the Regulations. Whether eSports would be subject to the same regulatory requirements is as yet undetermined as Malta is set to become a European hub for eSports. [Chapter 583 of the Laws of Malta]

LexPractis is recognised as one of the leading Sports Law firms on the island. Our lawyers have acted as legal counsel before the Courts of Justice of Malta and before other tribunals established by MFA and UEFA. We also provide legal advice to sports organisations and athletes alike on commercial issues, taxation and on all sports law related matters.