Are footballers protected? : an analysis of the current safeguarding procedures in relation to verbal abuse

Abstract

This dissertation examines whether athletes are effectively protected from verbal abuse within the stadium by analysing the different safeguarding procedures and legislative frameworks across various jurisdictions. By exploring how verbal abuse is defined and recognised in different legal systems, the research highlights inconsistencies and recommends the establishment of a common general definition to be able to possibly achieve international, or at least regional, harmonisation. A comparative analysis of legislation and cases alike, reveals that there are various incidents that either go unnoticed or unpunished, permitting the reoccurrence of such incidents. The study finds that Maltese legislation contains significant lacunas with further improvements being required to align with international standards. To address such shortcomings, two different procedures were proposed that combine the strengths of foreign legislation whilst providing a new perspective. Within such procedure, emphasis was placed on the need for higher penalties as it deters verbal abuse and recidivism. In conclusion, although safeguarding legislation is present, its application is inconsistent and at times, ineffective. Therefore, a clearer definition, more extensive legislation, and stronger sanctions are required to tackle this issue.