Sports Law 2024 Comparisons

The Misuse of Drugs Act prohibits the consumption (whether in Singapore or elsewhere) and possession of certain listed substances, such as cocaine, morphine and cannabis. If an athlete uses substances that are not in the prohibited list (eg, ephedrine), the athlete would not have committed a criminal offence. Conversely, if the athlete uses substances such as cannabis, an offence would be committed even though this is not prohibited by the World Anti-Doping Agency (WADA) during the off season.

Singapore takes a strong stance against sports doping. It has committed to implementing the World Anti-Doping Code (the “WADA Code”), and thus established Anti-Doping Singapore (ADS) to regulate sports doping through the Anti-Doping Policy of Singapore and the ADS Anti-Doping Rules, which have been formulated in accordance with the WADA Code and its International Standards.

ADS may impose sanctions (ranging from a reprimand to a lifetime ban) on athletes if they violate anti-doping rules, the severity of which would depend on various factors such as the degree of fault and type of substance used. ADS is required to publish information on Anti-Doping Rules violation by athletes once a decision has been made by the relevant tribunal. For instance, in 2012, seven bodybuilding athletes were banned from participating in all sports for two years for doping at the 50th Singapore National Bodybuilding and Physique Sports Championship 2012. Their results, medals, points and prizes attained at the event were also forfeited.

Misconduct/Cheating

There is no legislation specifically targeting athlete misconduct/cheating per se, although offences under the Penal Code (such as offences proscribing the voluntary causing of hurt and cheating) may be applicable.

Sports governing bodies may have disciplinary boards and panels that oversee such behaviour in accordance with their respective codes of conduct or ethics rules. For instance, the Football Association of Singapore’s (FAS) Disciplinary Committee has sanctioned players for misconduct (eg, for using expletives and engaging in violent conduct) during FAS football tournaments. Sports leagues (eg, the Singapore Premier League) may also have provisions governing misconduct in tournament rules. In 2001, compulsory polygraph tests were introduced for players plying their trade in Singapore’s professional football league.

There is also the Safe Sport Commission, which administers the Singapore Safe Sport Programme to manage sporting misconduct in Singapore, such as abuse and sexual harassment. It has developed the Safe Sport Unified Code (which has been adopted by the Singapore National Olympic Council (SNOC)), and contraventions are referred to and dealt with by the Safe Sport Disciplinary Panel.

Match-Fixing

Match-fixing is dealt with under the Prevention of Corruption Act (PCA). In 1994, Singapore became the first country in the world to convict a FIFA referee, T Rajamanickam, for match-fixing. The referee was jailed for nine months. The following year, Abbas Saad, a foreign player who represented Singapore in the Malaysian Premier League, was convicted of match-fixing after having agreed to help a teammate win bets by scoring more goals for the team. Saad was convicted and fined SGD50,000; while his teammate Michal Vana jumped bail and left the country. Recently, two Singaporean e-sports athletes were charged with and convicted of corruption for match-fixing after throwing a match and betting against their own team at the Epulze Royal SEA Cup tournament. One was jailed for four months, while the other was ordered to undergo reformative training for at least six months.

Sports governing bodies may additionally impose sanctions on top of the criminal sentences meted out by the courts. For instance, former national football players Mizan Ulot, Abdul Malek and Manap Hamat were first convicted by the court for match-fixing and handed custodial sentences and fines. The FAS additionally imposed lifetime bans on the players, and only recently lifted the bans (in 2023).

The conducting of and engagement in betting activities is prohibited by the Gambling Control Act (GCA), unless the service is offered by a licensed operator. In Singapore, legalised sports betting is limited to horse racing, football matches and Formula 1 races, and is offered exclusively by Singapore Pools as the sole licensed sports-betting operator.

In addition to the GCA, sports governing bodies may also impose restrictions on athletes. The SNOC prohibits national athletes from betting on one’s own sport and at the Olympic games. Singapore Pools’ sports-betting game rules also prohibit players, officials and volunteers of the Singapore Premier League and Singapore Cup from placing bets on these competitions, while Singapore Premier League’s Players’ Code of Conduct also prohibits players and officials from taking part in any form of betting-related activities on local football matches.

There is no prescribed or mandatory procedure for disciplinary proceedings against athletes in respect of doping/integrity/betting offences.

Generally, a disciplinary committee (DC) will be convened by the relevant sports governing body. The DC may:

• conduct investigations;
• conduct disciplinary hearings; and
• reach a formal decision.

Such decision may potentially be appealable to bodies such as the Court of Arbitration for Sport, or be subject to review by the Singapore courts.

In 2003, then national footballer Noor Ali was charged by an FAS DC with placing bets on S-League games, and was banned from football for a year. In 2020, the SNOC convened a DC to look into a report that nine footballers had broken curfew at the 2019 Sout East Asia (SEA) Games and had left the team hotel to visit a casino or other entertainment spots. A hearing was convened where the players were provided with the opportunity to be heard. The players admitted that they had breached the SNOC Code of Conduct, and the DC imposed fines of varying amounts on each player.

Sports-related commercial rights are generally governed by contracts entered into between the relevant parties. Apart from sponsorships and broadcasting, sports-related rights that have been commercially exploited include:

• branding;
• licensing;
• merchandising;
• naming;
• ticketing; and
• hospitality rights.

Regarding ticketing, it is not illegal to resell tickets (also known as “ticket scalping”). However, event organisers may choose to prohibit ticket resales via contractual prohibitions, such as by granting ticketing rights to select partners only. For instance, Formula 1 Singapore Grand Prix only allows select entities to sell tickets for the Singapore Grand Prix pursuant to its ticketing terms and conditions of sale and entry. Resale of the tickets via unauthorised agents or via online consumer marketplaces would be a breach of such terms and conditions, and the relevant tickets are liable to be cancelled without compensation.

In return for their funding of sporting events, sponsors are typically granted the rights to market and associate themselves with the events. Additionally, to enhance and promote their brand, sponsors regularly engage athletes in endorsement deals. For example, international luxury fashion brand Hugo Boss has sponsored and appointed Singapore’s Olympic gold medal-winning swimmer Joseph Schooling as its brand ambassador.

Furthermore, sports equipment manufacturer Li-Ning sponsors Singapore badminton player Loh Kean Yew, with Li-Ning’s rackets and apparel. Australian sports apparel brand 2XU used to sponsor Singapore Athletics by providing the attire for the national track and field athletes, although the deal was reportedly terminated owing to an incident involving marathon runner Soh Rui Yong’s cutting of holes in his sponsored singlet during the SEA Games 2017.

Sports rights-holders may also seek to attract sponsor investment by offering naming rights. For example, the Young Lions (a developmental team of the FAS) was renamed Garena Young Lions after e-commerce company Garena had agreed to contribute SGD4 million to the club. The Singapore Premier League was also renamed the AIA Singapore Premier League pursuant to a sponsorship deal with insurance company AIA Singapore. 

Key terms of sponsorship agreements typically include:

• the rights and entitlements accorded to each party;
• the duration of the sponsorship;
• the financial aspects of the sponsorship;
• provisions relating to ownership and exploitation of intellectual property (IP) rights; and
• provisions on the term, termination and renewal of the sponsorship.

Broadcasting Rights

Broadcasting rights are protected under the Singapore Copyright Act. This gives the owner/licensee of the broadcasting rights the right to (inter alia) broadcast and make a copy of the broadcast to the exclusion of others.

Broadcasters who have obtained rights to broadcast events profit by providing subscription services that allow users to stream the broadcasts. For example, Starhub, which won the exclusive broadcast rights for the English Premier League (EPL), has various subscription plans for its users to allow them to stream games live, and which may be bundled with other services.

However, exclusive content in Singapore is subject to the cross-carriage rule. This requires the exclusive licensee of broadcast rights to provide the content to the customers of their rival broadcasters. This measure allows one broadcaster to leverage on another broadcaster’s platform to widen the distribution of the former’s channels. For example, if Starhub were to win the bid for EPL broadcast rights, it would have to allow customers of its rival pay-television operator Singtel to stream the EPL broadcasts to Singtel’s customers via Singtel’s pay-television platform. However, the content would continue to be branded in its original form featuring StarHub’s branding and commercials, and the subscriber relationship between Starhub and the consumers would remain. There is hence no question of the IP rights of content owners being disregarded.

Venue Viewing Licences

Licences to access venues for the purpose of viewing broadcasts are mainly governed by contractual agreements between the retailer and consumer. However, the conditions of the licence may also be affected by arrangements between the owner of the broadcast rights and the retailer.

For example, commercial retailers (such as restaurants) who broadcast FIFA events under the FIFA Public Viewing licence are required to follow the conditions therein, such as obtaining written approval from FIFA before charging direct or indirect admission fees.

Singapore does not recognise any proprietary rights in sports events. Sports events organisers generally control sporting event rights and participation in sporting events through contractual mechanisms, such as by:

• providing access to ticketholders only;
• imposing conditions of entry on spectators in the ticketing contract (eg, limitations on photographic equipment); and
• livestreaming of the event on social media platforms.

Event organisers generally hold the rights to the content and footage of the sporting events, including live broadcasts, recordings and other event-related content created during the sporting events. Apart from the abovementioned contractual agreements, these rights are also protected under Singapore copyright laws.

Event organisers may also protect themselves from ambush-marketing activities by undertaking brand protection measures, such as by:

• enforcement of their trade mark(s) under the Trade Marks Act or of copyright under the Copyright Act; or
• seeking relief under the common law tort of passing off.

Regarding consumer protection rights, event organisers are subject to the Consumer Protection (Fair Trading) Act 2003 and the Unfair Contract Terms Act 1977 (UCTA), which prevent event organisers from engaging in unfair practices or from imposing unreasonable limitations/exemptions of liability or indemnity clauses on consumers.

Duty of Care

Sports events organisers, as occupiers of the event space, generally owe a duty of care to athletes and spectators, including the provision of safe venues, security arrangements and medical assistance. However, such a duty of care may potentially be excluded by the terms of the contract between the sports events organisers and the athletes/spectators. The validity of such contract terms is subject to the provisions of the UCTA. Liability for death or personal injury resulting from negligence cannot be limited or excluded pursuant to Section 2 of the UCTA.

While it is unlikely that athletes would be found to owe a duty of care to spectators for unintentional harm caused during the event (in the absence of any express assumption of responsibility by the athletes), it is conceivable that athletes may be liable for harm caused as a result of intentional or reckless acts committed by the athletes – eg, a player physically attacking a spectator in the stands in retaliation against provocative insults hurled at the player by the spectator.

Prevention of Violence and Disorder

Many sporting events organisers will put in place measures to prevent and control violence and disorder at their events, such as:

• implementing screening procedures;
• conducting security inspections; and
• having security personnel patrol inside the event venue to spot potential crowd trouble zones.

The Penal Code and the Miscellaneous Offences (Public Order and Nuisance) Act 1906 criminalise acts of violence, disorder and riotous behaviour by spectators at sporting events. Offences arising from such behaviour would include:

• assault;
• use of criminal force against persons; and
• unlawful assembly.

In Singapore, most sports governing bodies and sports clubs are registered as societies. They are generally non-profit organisations. Such legal structures create greater legitimacy, since any earnings or funds raised cannot be distributed to their members. This gives donors confidence that their contributions will be used for the intended purposes.

Tax exemptions are also available to societies, with further exemptions available if these societies are registered as charities. All national sports associations (NSAs) have to be registered both as a society and as a charity under the Charities Act to be eligible to receive funding from Sport Singapore (SportSG).

While sporting bodies in Singapore do not typically adopt a corporate structure, professional football club Lion City Sailors is an exception, being constituted as a private company limited by shares. The benefits of adopting a corporate structure include less stringent corporate governance requirements relative to societies and registered charities, and the relative ease in securing investments and providing shareholders with returns on their investments should profits be made. However, the drawbacks of adopting a corporate structure include the unavailability of funding and tax exemptions available to societies and registered charities.

Registered societies and charities are self-governing entities bound by their own constitutions. In carrying out their activities, societies and charities not only have to abide by the rules of their own respective constitutions, but also by the prevailing laws in Singapore. In particular, societies have to comply with the Societies Act, which imposes various obligations on societies, such as:

• to maintain proper accounts, and records of the society’s transactions and affairs; and
• to submit audited statements of accounts.

Charities are regulated by the provisions of the Charities Act, which imposes strict obligations on the keeping of accounting records of the charity’s transactions, and on the application of/dealing with the charity’s property.

If a registered society or charity fails to comply with certain provisions in the Societies Act or the Charities Act, respectively, the relevant body(ies) and/or officer(s) could be liable to a fine and/or imprisonment.

Both societies and charities are also subject to the Code of Governance for Registered Societies and the Code of Governance for Charities and Institutions of a Public Character, respectively. These Codes aim to ensure that societies and charities put in place the best practices for governance, and operate on the principle of “comply or explain”. While compliance with the Codes is not mandatory, societies and charities are encouraged to adhere to these Codes or to review their governing instruments and policies where necessary for better governance.

Under Singapore law, there are no specific tests or duties imposed on officers of sports organisations and no specific penalties for insolvency/dissolution of sports organisations.

Sports funding in Singapore is primarily provided by:

• the government (Ministry of Culture, Community and Youth (MCCY));
• the Singapore Totalisator Board (the “Tote Board”); and
• private sponsors.

Funding from the government and the Tote Board is allocated to the various NSAs by SportSG (a body corporate established under the Singapore Sports Council Act 1973) for the promotion of sports in Singapore at all levels. The criteria adopted by SportSG for allocation of funding to NSAs are not publicly available.

SportSG also provides direct funding and support to athletes through the Sport Excellence Scholarship (spexScholarship) and the Athlete’s Inspire Fund. Moreover, SportSG’s enhanced Enterprise Innovation and Capability Development Grant (InnoGrant 2.0) is available for sports and fitness businesses in specified categories and for enterprises in adjacent industries pursuing technology solutions that are sports-related or that have applicability to sport. InnoGrant 2.0 offers financial support of up to SGD180,000 per project.

Separately, NSAs may also obtain funding from other sources, such as revenue from subscriptions and competitions, and donations from the sports fraternity and other stakeholders (ie, private businesses). For instance, the Singapore Badminton Association recently received SGD1.1 million from two private sponsors for the benefit of Singapore badminton team national players.

Additionally, the One Team Singapore Fund, administered by the MCCY, provides dollar-to-dollar matching by the government for donations to Team Singapore athletes.

Finally, the Singapore Olympic Foundation offers funding to young and deserving sports talents from financially challenged backgrounds to help achieve their sporting goals, and supports young high-performing athletes under 18 years of age in pursuing sporting excellence in their chosen fields through the granting of scholarships.

One recent significant sports investment deal was the opening of an SGD10 million football training facility by the Lion City Sailors football club. The 28,000 square-metre facility contains five football fields and state-of-the-art facilities, including physiotherapy rooms, gyms, analysis rooms and study rooms.

The Lion City Sailors has also established the SJI-International-Lion City Sailors Elite Development Scholarship. It is granted to promising players in the Lion City Sailors Football Academy, enrolling them in a highly popular and well-regarded academic institution in St Joseph’s Institution International, and covering all school fees incurred up to the completion of the International Baccalaureate diploma programme.

Another noteworthy deal is the investment of USD1 million by a Singapore e-sports private equity fund – FrontSight Capital, managed by Tembusu Partners – into Singapore-based gaming company RSG, which manages esports teams across Asia. The funding will be used for the hiring, marketing and development of new technology.

Benefits of Registering Trade Marks

Registering a trade mark provides the trade mark proprietor with the statutory protection accorded under the Trade Marks Act. The trade mark proprietor is vested with exclusive rights of use and commercial exploitation over the trade mark.

Examples of sports-related trade marks registered in Singapore include:

• the “CR7 Cristiano Ronaldo” logo registered by footballer Cristiano Ronaldo; and
• the “RF” logo registered by tennis player Roger Federer through his holding company, Tenro AG.

The CR7 trade mark has been exploited by allowing Nike to use it on their apparel and equipment. Similarly, Roger Federer has signed deals with Uniqlo, allowing the fashion retailer to use the RF logo on various apparel and accessories.

The proprietor is able to take action against the infringing use by other persons or entities of marks that are identical or similar to the registered trade mark in respect of identical or similar goods or services. This protects the proprietor’s market share, and prevents the dilution and tarnishing of their brand.

Registration Process

Trade marks can be registered in Singapore by filing a trade mark registration application with the Intellectual Property Office of Singapore (IPOS), typically with the assistance of trade mark lawyers or agents. IPOS will examine the application to ensure that the registration requirements are met. If satisfied, IPOS will then publish the application for two months in order for parties to inspect and file any oppositions. If no oppositions are filed, IPOS will register the trade mark. This process takes about nine to 12 months for straightforward applications without substantive objections.

Marks That Cannot Be Registered

Trade marks may be refused registration based on absolute or relative grounds.

Absolute grounds

Marks cannot be registered if they are not signs capable of being represented graphically or of distinguishing the goods and services of one person from another.

The following trade marks cannot be registered unless they have acquired distinctiveness through their use prior to the date of application for registration:

• trade marks devoid of any distinctive character;
• trade marks that consist exclusively of signs or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, value, geographical origin, time of production of goods or of rendering of services, or other characteristics of goods or services; and
• trade marks that consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade.

Trade marks that are deceptive, contrary to public policy or morality, or prohibited by law also cannot be registered.

Relative grounds

The following trade marks cannot be registered:

• trade marks identical with an earlier trade mark, and which are sought to be registered for goods and services that are identical with the earlier trade mark;
• trade marks identical with an earlier trade mark, and which are sought to be registered for goods and services that are similar to the goods and services registered for by the earlier trade mark, such that a likelihood of confusion is engendered;
• trade marks similar to an earlier trade mark and sought to be registered for goods and services which they are identical with or similar to the goods and services registered for by the earlier trade marks such that a likelihood of confusion is engendered;
• trade marks identical with or similar to an earlier trade mark which is well known to a relevant sector of the public in Singapore, and is sought to be registered for goods and services that would indicate a connection with the goods and services of the proprietor of the earlier mark and is likely to damage the proprietor’s interests; and
• trade marks that cannot be used without being prevented by other legal causes of action, such as the tort of passing off or the law of copyright.

Copyright is governed by the Copyright Act 2021. There is no sui generis database right recognised in Singapore.

Copyright protects both authorial and non-authorial works. Copyright gives the owner of the copyright the exclusive right to perform acts comprised within the copyright, and thus allows them to exclude others from performing such acts without their permission, subject to certain exceptions. There are no formalities required for the registration of copyright or for the use of copyright notices in order for copyright to validly subsist.

There are several defences to copyright infringement. One key exception would be the general defence of fair use of the copyrighted work. Whether the impugned act constitutes fair use is a fact-specific question, with a non-exhaustive list of relevant factors prescribed by Section 191 of the Copyright Act.

Specific acts of fair use of copyrighted work are also recognised as defences against copyright infringement under the Copyright Act, including:

• use for the purpose of research or study;
• use for the purpose of criticism or review; and
• use for the purpose of reporting news.

Finally, the new computational data analysis defence allows for copies of works (including computer programs) to be made for purposes of identifying, extracting and analysing information or data from the work, as well as for the purpose of training artificial intelligence (AI) programs.

Singapore does not explicitly recognise image rights. However, the common law torts of passing off and defamation may be invoked in order to protect against unauthorised use of an athlete’s image. 

Passing Off

Passing off has been used to protect the images of celebrities in the UK and Australia; and although there has been no reported case of this in Singapore, the tort of passing off could likely be put to similar use in Singapore.

Passing off does not protect an athlete’s image rights per se. It protects their goodwill, which indirectly protects the athlete’s image. The athlete would have to show that:

• they have significant goodwill;
• the defendant’s application of the athlete’s images to their goods/services misrepresents that the athlete endorsed or authorised the goods/services in question; and
• such misrepresentation engendered a likely or actual confusion on the part of the public – eg, the public was misled into purchasing the goods/services in the belief that the goods/services were endorsed by the athlete.

Defamation

Alternatively, the tort of defamation could conceivably be invoked to secure protection of an individual’s image rights in instances where the use of the individual’s image is defamatory. While there have been no reported cases of defamation suits commenced by athletes to protect their image rights in Singapore, a close example would be the successful defamation suit commenced by politician Chiam See Tong concerning the publication of a photograph of him in the newspapers without his consent, which suggested that he had agreed to the use of his photograph for commercial gain and that, in doing so, he had taken advantage of his position as a Member of Parliament.

Therefore, the tort of defamation may provide a viable avenue of recourse for the protection against unauthorised use of an athlete’s image if such use is defamatory in any way.

Licensing

Sports bodies/athletes may seek to exploit their IP through brand endorsement deals, where their images may be used by the brand in exchange for monetary payment or sponsorship. Sports bodies may also license their trade marks for use on merchandise, or enter into co-branding arrangements with sports brands for such purposes.

Assignment

Apart from licensing, sports bodies/athletes may assign their IP rights to third parties, whether in whole or in part. 

In Singapore, there are generally no restrictions on the assignment of copyrights or trade marks, save for the requirement that the assignment must be in writing and be signed by or on behalf of the assignor to have valid legal effect.

Further, in the case of assignment of registered trade marks, the assignment should be registered with IPOS. Although non-registration does not affect the validity of the assignment, non-registration has undesirable consequences for the assignee, such as being unable to claim for remedies in respect of any trade mark infringement that occurred after the assignment but before the registration of the assignment.

Sports data is used by the Singapore Sports Institute to perform research in the areas of sports biomechanics, nutrition, physiology, psychology, and strength and conditioning. The data is used to (among others):

• optimise an athlete’s training;
• reduce recovery time; and
• minimise the chances of injury.

SportSG has also set up a data exchange platform, Sport Data Exchange Singapore (SportDexSG), designed specifically for the sports sector in order to make data from its National Sport Participation Survey and ActiveSG facility usage available to stakeholders in the sports ecosystem (ie, gym operators and event organisers). This allows such stakeholders to enhance their products and services.

Sports retailer Decathlon has also used AI to analyse the behaviour of its customers, such as by tracking frequented parts of the shop and what the customers were viewing. This helps Decathlon to know which sporting products draw consumer attention. Decathlon will also collaborate with SportSG in using the collected consumer data for improving sporting education programmes in Singapore.

The Personal Data Protection Act

The Personal Data Protection Act (PDPA) deals with the protection of personal data in Singapore’s private sector.

Under the PDPA, organisations must obtain the informed consent of individuals before collecting, using and/or disclosing personal data, unless certain prescribed exceptions apply (eg, the “legitimate interests” exception). Organisations are also obliged to (among others):

• take reasonable efforts to ensure that the data remains accurate and complete;
• protect the data in their possession by making reasonable security arrangements to avoid data breaches; and
• cease retaining the data as soon as it is no longer necessary to do so.

In view of the PDPA, various sporting organisations have also put personal data protection policies in place. For example, young athletes and/or parents may need to supply the National Youth Sports Institute (NYSI) with personal data about young athletes and/or parents and other individuals for purposes in connection with an athlete’s enrolment in the NYSI. The NYSI has therefore put a Personal Data Protection Policy (young athletes/parents/guardians) in place to govern the collection, use and disclosure of such data.

Organisations are also subject to certain obligations if they wish to perform cross-border data transfers. They must also notify the Personal Data Protection Commission of notifiable data breaches that result in significant harm and/or that are of a significant scale. Finally, organisations that engage intermediaries to process personal data on their behalf remain liable for compliance with the data protection obligations in respect of the personal data as if the personal data was processed by the organisations themselves.

The Public Sector (Governance) Act

The Public Sector (Governance) Act (PSGA) and the Government Instruction Manual on Infocomm Technology & Smart Systems Management (“IM on ICT&SS Management”) deal with protection of personal data in the public sector. The former imposes criminal liability on public officers who knowingly or recklessly:

• disclose data without authorisation;
• misuse data; or
• re-identify anonymised information without permission.

Among other matters, IM on ICT&SS Management sets out the government’s data policies and aims to ensure that agencies put effective data management practices in place to utilise and safeguard access to, and the distribution and exploitation of, data. The PSGA and IM on ICT&SS Management would govern sports data collected and processed by SportSG and other public agencies.

The Singapore courts may hear and adjudicate disputes arising in the sports fraternity, as with all other types of civil disputes.

However, where sporting organisations have provided for dispute resolution procedures in their constitutions and that are applicable to the sporting disputes at hand, the resolution of the sporting disputes must follow the prescribed procedures – eg, be determined by internal panels at first instance before appealing to an appeals panel. The dispute resolution procedure may provide that the internal processes must be exhausted before there is a right to seek judicial recourse in the courts. If there is no right of appeal to the courts, the role of the courts will generally be limited to reviewing the decision-making process to ensure that due process was observed, in contrast to adjudicating on the merits of the dispute.

The court’s limited role can be seen from the case of Singapore Amateur Athletics Association v Haron bin Mundir. The Singapore Amateur Athletics Association’s (SAAA) disciplinary committee had suspended its athlete Haron Mundir for misconduct by leaving a training stint early and without its approval. The athlete then appealed against the disciplinary committee’s decision to the High Court, which found that the SAAA had breached the rules of natural justice in the conduct of their disciplinary proceedings. The Court of Appeal agreed with the High Court. In dismissing the appeal, the Court of Appeal said that the function of the court was a supervisory one, and was limited to determining whether the rules of natural justice had been observed and not to reviewing the evidence or the correctness of the decision on the merits.

The dispute between the Singapore Shooting Association (SSA) and one of its member clubs, the Singapore Rifle Association (SRA), also illustrates this. The SSA had previously agreed to lease an area within the National Shooting Complex to the SRA to construct its own shooting ranges. The SRA carried out works at the area and built structures which the SSA believed to be illegal. It issued a demolition order requiring the SRA to demolish these structures. The SRA brought proceedings against the SSA, challenging the demolition order. It successfully obtained declarations from the High Court that the demolition order, which suspended the SRA’s privileges at the NRC, was null and void as the SSA did not have the power to make such suspensions. The merits of the decision were not examined.

Alternate dispute resolution mechanisms in Singapore include arbitration and mediation.

Arbitration

Domestic arbitrations in Singapore are governed by the Arbitration Act; while international arbitrations are governed by the International Arbitration Act. Both pieces of legislation require a binding written arbitration agreement that covers the dispute between the parties before an arbitration can be validly commenced.

The arbitration eventually culminates in a binding arbitral award on the parties. The courts will generally not set aside or refuse the enforcement of the award, save on specific prescribed grounds.

The Kuala Lumpur-based Asian International Arbitration Centre recently established the Asian Sports Tribunal, a first of its kind in South-East Asia. The Tribunal consists of independent experts in the sporting industry, and seeks to provide fair and expedient adjudication of sporting disputes in the region.

Mediation

The Mediation Act applies to mediations that are wholly or partly conducted in Singapore, or where the mediation agreement provides that the Mediation Act or the law of Singapore is to apply to the mediation. Mediation is a consensual and “without prejudice” process, and must therefore be agreed to by the parties, typically in the form of a written mediation agreement provided by the relevant mediation institution.

If the mediation is subject to the Mediation Act, the courts are empowered to stay any proceedings brought before them, to allow the mediation to take place. Disclosure of any communications made during mediation to a third party is also prohibited, and such communications are inadmissible as evidence before any court or tribunal. Finally, mediation can culminate in a mediated settlement agreement, and, with the consent of all parties, can be recorded as a consent order, which allows for the enforcement of the order as a court-issued order.

The Safe Sport Disciplinary Panel

The Safe Sport Disciplinary Panel hears, resolves and adjudicates on safe sport reports and violations of the Safe Sport Unified Code as part of the Safe Sport Programme. The Disciplinary Panel comprises independent individuals appointed by the Ministry of Culture, Community and Youth, including lawyers, former athletes and laypersons.

The powers that sports governing bodies have over their constituent members typically stem from their respective constitutions, by-laws or codes of conduct. If there are provisions therein which allow the sports governing body to impose sanctions (such as the suspension of rights and privileges, fines and expulsions), the members will be bound by such imposed sanctions as a matter of contract.

Similarly, sports governing bodies may be contractually entitled to make decisions affecting officials and athletes of sports, such as banning them from participation in the sport. For instance, the SNOC may impose sanctions such as fines and debarment from future selection on athletes for misconduct at major games, pursuant to the Team Membership Agreement entered into between the athlete and the SNOC.

A decision made by a sports governing body may be challenged in quasi-judicial review proceedings. As stated in 6.1 National Court System, here the court acts as a reviewer of the decision-making process of the sports governing body, ensuring that there was no procedural impropriety or unfairness.

Alternatively, decisions of a sports governing body can be reviewed on the merits where the constitution of the governing body provides for a right of appeal to the courts. National sports associations, such as the Football Association of Singapore, have incorporated provisions into their constitutions allowing for appeals against the decisions of their internal panels to be determined by the Court of Arbitration for Sport, whose awards are enforceable in Singapore under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the “New York Convention”).

Relationship of Employment

The relationships between sports organisations and players may or may not involve an employment relationship.

Examples of players employed by sports organisations include the following:

• former table tennis player Feng Tianwei, who was employed by the Singapore National Table Tennis Association from 2007 to 2016;
• basketball players playing for the professional basketball team, the Singapore Slingers; and
• football players whose clubs participate in the Singapore Premier League.

No mandatory salary caps are imposed as a matter of law in Singapore.

Regulations promulgated by the international sporting bodies may also contain rules that could affect the employment relationship. For example, the employment relationship for a professional football player in Singapore is governed not just by the contract between the player and their club but also by the FIFA Regulations on the Status and Transfer of Players (FRSTP).

Restraint-of-Trade Clauses

Employers may impose certain restrictive conditions in the employment contract to protect their interests in the event they wish to terminate their player-employees’ contracts, including non-compete covenants and non-solicitation covenants. 

These clauses are prima facie void, unless it can be shown that the restraint is reasonable with reference to the interests of the parties and of the public, as well as to the presence of a legitimate proprietary interest (eg, trade secrets) to be protected.

Regarding anti-competition, the Competition Act governs antitrust issues in Singapore; however, no specific provision is made in respect of the sporting industry or sporting employment relationships.

Generally, the rights of employers and employees vis-à-vis each other are governed by the employment contract between the parties. However, the contract is subject to the Employment Act, which sets out the minimum level of rights that should be granted to the employee under the contract.

The rights between the parties may also be subject to the rules of the relevant international sports governing body. Failure to adhere to these rules may lead to the employers being sanctioned by the international governing body.

The case of Roberto Ivan Fergonzi v Geylang United FC illustrates this. The claimant, an Argentinean football player, was employed by Geylang United Football Club in 2011. Pursuant to the contract, it was agreed that the contract could be terminated without compensation if the claimant did not clear a medical screening required to play in the Singapore Premier League. During the screening, the claimant was diagnosed with heart issues that put into question his ability to play professional football. The club thus terminated the contract, without paying compensation to the claimant.

While the club may have been entitled to do so under ordinary contractual principles and employment law, the FRSTP prohibits the making of the validity of a player contract subject to a positive medical examination. The club was bound by FIFA’s decision and had to pay the player compensation as ordered by the FIFA Dispute Resolution Chamber, as failure to do so would have resulted in a ban being imposed on the club from playing in FIFA-sanctioned football tournaments, including the Singapore domestic football league.

Currently, there are no laws in Singapore which limit the number of foreign athletes competing in sports tournaments/competitions.

However, restrictions on participation by foreign athletes may be imposed by the tournament organiser. For instance, the FAS currently allows up to a maximum of four foreign players to be registered with and to play for a Singapore Premier League Club; though this limit will increase to six in the 2024–2025 season.

There could also be visa restrictions for foreign athletes. Pursuant to the Employment of Foreign Manpower Act, athletes will need a valid work pass in order to work as athletes and stay in Singapore. A possible avenue for foreign athletes in this regard is the Overseas Networks and Expertise Pass, which is a “personalised pass for top talent in all sectors, such as business, arts and culture, sports, academia and research”. Although it has a minimum monthly salary criterion of USD30,000, athletes who do not meet this salary threshold may still apply if they show “outstanding achievements” in sports.

Singapore has a robust and promising e-sports scene. E-sports is enjoyed by some 700,000 of its five million inhabitants, as of 2021. The e-sports market is projected to reach a revenue of USD8.9 million in 2024, and is expected to grow by 9.28% a year. The e-gaming sector is in fact now the fastest growing field driving Singapore’s digital economy, which contributed 17.3% to the country’s GDP in 2022.

The Singapore Esports Association is the NSA for esports in Singapore. It is a member of the SNOC and has nominated teams for participation in various competitions, such as the 32nd SEA Games held in Cambodia. The Singapore Esports Association is also supported by the Singapore Tourism Board.

Many large e-sport publishers recognise Singapore’s potential as an e-sports hub, and thus choose to base themselves in Singapore. Examples are Blizzard Entertainment, Electronic Arts, Ubisoft and Riot Games. Singapore has also seen the establishment of home-grown e-sports companies such as Garena and Razer. The Global Esports Federation, which aims to be the global esports governing body and to advance the interests of esports globally, is also based in Singapore.

In 2023, Singapore hosted the first-ever Olympic Esports Week, organised by the International Olympic Committee. It also hosted the International 2022 Dota 2 competition (which had a prize pool of USD40 million) and the M3 World Championships in 2021 for Mobile Legends: Bang Bang (which had a prize pool of USD800,000).

E-sports has reached the point where seeking full-time employment in the industry has become a viable career option. About 2,000 Singaporeans were employed in the games sector in 2021 for roles in content creation and business development, and the industry is set to expand on hot tech such as AI, blockchain and the metaverse.

As a full-time professional career, e-sports allows top-tier athletes and team managers in Singapore to command salaries similar to that of university graduates. They may also be able to receive substantial prize money – examples being world-class Dota 2 player Daryl “iceiceice” Koh, who has earned about USD1.8 million in prize money; and Jeng Yih “nutz” Wong, who has earned about USD230,000, in prize money. E-sports athletes and teams can also further increase their income by merchandising and streaming their gameplay.

Singapore’s e-sports landscape holds immense potential owing to numerous variable factors, including the availability of world-class infrastructure (such as fast and stable internet connectivity, which allows players to properly enjoy e-sports and allows tournaments to be organised) and venues that can comfortably host such events (such as the Singapore Indoor Stadium and Suntec Convention Centre). Another factor is the ease of travel to Singapore by e-sports teams, without undue travel restrictions.

Rise of Female Athletes

Singapore has seen the rise of notable female athletes, including the following.

• Track and field athlete Shanti Pereira, who in 2023 was ranked first in Asia for 100m and 200m sprints by World Athletics. She clinched the gold medal for 200m at the 19th Asian Games in 2023, ending Singapore’s 49-year gold drought in athletics. She is also the record-holder for various competitions such as the 200m SEA Games and the 200m Asia Athletics Championships.
• Swimmer Yip Pin Xiu also has a plethora of victories under her belt. She has seven gold medals from events such as the 2020 Tokyo Paralympics and the 2016 Rio De Janeiro Paralympics 50m and 100m backstrokes, and was the world champion of the 100m backstroke competition at the 2022 World Para Swimming Championships.
• Bowlers Shayna Ng, Daphne Tan and Cherie Tan were all recent world champions in bowling, while Farhanna Farid has broken her own deadlift world record in powerlifting eight times in the past one-and-a-half years.

Shanti Pereira’s achievements have allowed her to secure significant sponsorship deals, including endorsement contracts with German fashion brand Hugo Boss and American sports apparel titan Nike.

Meanwhile, Yip Pin Xiu has sponsorships with Speedo and Citibank. She was awarded SGD800,000 by the Singapore National Paralympic Council and the DBS for her stellar performance in the 2020 Tokyo Paralympics, and received awards of SGD200,000 for her other five gold medals at the previous Paralympics.

Singapore’s women’s tchoukball team is ranked number one in the world, while Singapore’s women’s table tennis team won the 2010 World Team Table Tennis Championships by upsetting mighty China 3–1 in the final.

Women’s Sporting Events

Singapore has hosted several large-scale and top-tier women’s sporting tournaments.

Since 2008, Singapore has hosted the HSBC Women’s World Championships, a women’s golf tournament organised by the Ladies Professional Golf Association. The 2024 tournament has a prize pool of USD1.8 million and features eight of the top ten players in the world.

From 2014 to 2018, Singapore hosted the BNP Paribas Women’s Tennis Association Finals at the Singapore Indoor Stadium. The prize money in the 2018 WTA Finals was USD7 million, and a record-breaking 133,000 people spectated the 2017 WTA Finals.

More recently, in 2023 Singapore hosted the 14th Women’s World Floorball Championships. This was the second time that Singapore hosted this event, and the only occasion when the world championships were played outside Europe.

Anti-discrimination in Women’s Sports

Singapore has institutions for dealing with gender discrimination in place, which helps to achieve equality for women employed in the sporting industry, be they physiotherapists, coaches, match officials, team managers, technical staff, administrative personnel or otherwise. The Tripartite Alliance has promulgated the Tripartite Guidelines on Fair Employment Practices (TAFEP). It requires employers to recruit, select, provide opportunities for and reward employees based on merit and performance rather than on characteristics such as gender. Although the TAFEP is not official legislation, any failure to comply with its provisions could subject the employer to sanctions by the Ministry of Manpower.

Further, Singapore is in the midst of drafting the Workplace Fairness Legislation, which will have full legal effect. A key purpose is to address workplace discrimination. The legislature has accepted the Tripartite Committee on Workplace Fairness’s recommendation that gender, marital status, pregnancy status and caregiving responsibilities should be characteristics protected from discrimination.

Women’s Sports Organisations

The SNOC established the Women in Sport Committee (WSC) in 2019 to meet the needs and aspirations of women and girls in sport. The WSC aims to create opportunities for improving the lives of women through sports and exercise. It also strives to promote women’s sporting excellence by providing facilities and developmental paths, and advocates for equality of treatment of women in sports. 

Soccer Girl Goals is a media start-up founded by two female Singaporean footballers. It focuses on the promotion of women’s football in South-East Asia through the use of storytelling, social media coverage and collaborations with fans, athletes and athletic brands. Some initiatives include the “Keeping Score” campaign, which is a social media campaign with the goal of equipping women in sports with knowledge and resources to combat discrimination that they may face in sports. SportPlus.sg has also signed a memorandum of understanding with Soccer Girl Goals to join as an affiliate partner in this campaign, committing to equal media coverage for women in sport for all content on its website.

The non-fungible token (NFT) market in Singapore has experienced meteoric rises and equally spectacular falls in the past few years. At the height of the NFT craze, a Singapore-based investor procured SGD92.9 million worth of NFTs at Christie’s auction house in 2021. In the same year, a team of Singaporeans created and sold 3,876 units of their “Dark Zodiac” NFT digital trading cards for about SGD1.4 million. Prices for NFTs fell rapidly after this, causing losses for many Singaporeans. This was partly owing to risks associated with NFTs, such as volatility of value, lack of liquidity, and exposure to online scams and fraud. Notwithstanding, Singaporean businesses still believe in the potential and utility of NFTs as marketing tools. For instance, Vogue Singapore has launched their “Love Chain” NFTs, and McDonald’s Singapore has launched NFTs of their character “Grimace”.

Sports organisations have also attempted to exploit NFTs. For instance, Group ONE Holdings, a Singapore company that organises the globally popular ONE Championship and ONE Esports, has created the mobile game ONE Fight Arena which utilises NFTs featuring the organisation’s martial artists. One Championship has also partnered with blockchain platform Theta Network in launching its NFT marketplace, with collectibles of its athletes and their memorable moments.

SportsCollective was also released in February 2022. Co-founded by chief executives of the Singapore Silat Federation, and with the aim of providing another avenue for athletes to generate revenue and interact with their fans, the platform allows fans to obtain NFTs of national athletes. Such NFTS include super-fan badges, iconic sporting moments, athletes’ portraits and signed accessories.

Finally, Liv3ly launched 1,000 running-related NFTs in 2022. NFT holders enjoy benefits such as entry into certain running events organised by Infinitus, exclusive access to private events and allocation of the company’s revenue.

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Use of AI in Singapore

Generally, Singapore views AI as harbouring great potential for bringing about increased innovation and efficiency in all sectors. Singapore has channelled significant resources into the development of the AI landscape, including SGD1 billion recently. The Singapore National AI Strategy 2.0 has also been introduced, which:

• identifies areas to focus on for AI development;
• sets out how the government, companies and researchers can work together to reap the benefits of AI; and
• addresses areas where attention is needed to manage change or new forms of risks, should they arise.

The sports industry in Singapore has always capitalised on science and technology for enhancing sporting performance. AI has been deployed in various aspects of sports and has had a major impact on how sports are managed, prepared, played, viewed and commercialised. Technology has also been used to give a competitive edge to Singapore’s athletes. For example, video-based analysis of opponents during Silat competitions using the AI performance analysis system Dartfish allows for identification of their behaviours and strategies. Thereafter, coaches and athletes can formulate plans for dealing with such opponents. The Sports Singapore Institute uses motion-capture systems to capture, visualise and assess specific movements in sports, providing feedback on their forms so that improvements can be made for better performance.

With the improvement in AI technologies, the capabilities of AI are being increasingly employed in the sporting industry.

• SportsSG has used Vision AI to boost productivity in the processing of photos with auto-tagging of photos, saving thousands of man-hours in sorting and looking for photos.
• Singapore-based start-up Television Content Analytics uses NVIDIA-powered AI to automate match-tagging, via the creation of a timeline of significant in-game events for sports video analytics. This generates reports containing information such as performance statistics and visual feedback for referees, coaches, athletes and fans. This greatly increases the efficiency and accuracy of match-tagging, which was previously performed by having up to 20 people working on tagging the match live (and where details could be missed owing to human error).
• EliteFit.AI, another Singaporean start-up, uses AI to enhance fitness training. It provides a “virtual trainer” that gives real-time analysis and feedback. This helps the avoidance of injuries and ensures optimal returns from the exercise, all without having to go through the hassle and costs of hiring a real personal trainer. 

Risks and Regulation of AI

Despite the benefits of AI, the technology is not foolproof and there are risks associated with its use – eg, production of inaccurate results or the making of poor decisions with potentially severe consequences.

Additionally, the misuse of AI has given rise to the threat of cybercrime and online scams. For example, AI can be used to produce Deepfakes, which is media that has been altered to manipulate performances of subjects in existing videos, in order to mislead people. A noteworthy case was the creation of a Deepfake video of Singapore’s Deputy Prime Minister Lawrence Wong concerning the furtherance of an investment scam.

Currently, Singapore has no laws regulating the use of AI; however, certain guidelines have been issued by regulators. For instance, the Personal Data Protection Committee released the Model AI Governance Framework, which aims to promote public understanding of and trust in AI technology. 

The Monetary Authority of Singapore also released the Principles to Promote Fairness, Ethics, Accountability and Transparency (FEAT) in the Use of Artificial Intelligence and Data Analytics in Singapore’s Financial Sector, aimed at providing guiding principles for firms that use AI in the decision-making process when offering financial products and services.

No guidelines have been issued in Singapore specifically in relation to the use of AI in sports.

Uses of the Metaverse in Singapore

The metaverse is another exciting area that Singapore has increasingly focused its attention on. Metaverses are virtually constructed spaces that harness virtual reality, augmented reality and extended reality technology to create phygital experiences (experiences that comprise both physical and digital elements) for users. This has led to numerous innovative practical applications.

Singapore-based company Xctuality has launched the Xctualyfe metaverse platform, which allows users from around the globe to connect to and explore virtual worlds, such as a world recreated to represent Singapore’s National Day Parade.

Changi Airport Group has created the Roblox-based metaverse ChangiVerse, which is a virtual world that replicates various Changi-linked landmarks such as Jewel Changi airport and the Changi control tower. It allows players to digitally explore virtual reconstructions of such spaces, play mini games and collect digital items. OCBC Singapore has also launched its Decentraland metaverse platform, OCBCx65Chulia, which allows any user to digitally explore virtual spaces to learn about personal finance and OCBC’s products and services.

Regarding sports, Singapore-based firm Football Metaverse Pte Ltd has secured the exclusive global IP rights to Captain Tsubasa, a popular Japanese manga about a fictional football player. With these IP rights, Football Metaverse Pte Ltd can create blockchain games and NFTs relating to Captain Tsubasa, and can allow fans to enjoy Captain Tsubasa in the metaverse via the Football Metaverse Ecosystem eXperience platform.

Risks of the Metaverse

Like AI, the metaverse brings some novel risks, despite its potential utility. For instance, metaverse users may be at risk of phishing and scams. Scammers might create metaverse avatars impersonating others (such as the victim’s co-workers or clients) to extract sensitive information.

The use of extended reality technologies to enter and interact within the metaverse may also expose users to privacy concerns, as large amounts of personal data are gathered (including the user’s head and eye movements). This can be processed to learn about highly sensitive behavioural and psychological information concerning the user.

Additionally, users may experience cyberbullying in the metaverse. As users interact with each other in the virtual world via in-game chat and private messaging, there is a possibility of users harassing, using unsavoury language towards and threatening each other.

Other cybersecurity risks include user accounts being hacked and digital assets (eg, NFTs) being stolen from account holders.

Costly and long-term investments could be incurred by organisations, since creating VR and AR experiences requires significant time and resources. Encountering cyber-attacks is also a risk, and organisations would do well to have adequate security measures in place to minimise such risk.