Resumen de Freedom of expression and its limits in sport
As a social and economic force, sport is an integral part of globalised society. Sport is organised and followed globally. Therefore, the organisation of sport at the hands of sport governing bodies (SGBs) and the use of the idea of politics-free sport bring about specific concerns for freedom of expression, in that, these bodies tend to restrict expressions that are deemed political. This work aims to provide a coherent framework for a defence of freedom of expression in the context of sport. Pursuing that goal, it analyses the particularities of the sport industry as well as the philosophical foundations for freedom of expression. The sources that were referred to are numerous, in that, sports law, philosophy, transnational law, sports economics, and human rights are the stepping stones towards an in-depth analysis of the subject.
The work aims to lay down the foundations of later chapters by focusing on sport governance, philosophy of freedom of expression and human rights; while in later chapters it strives to create a coherent analysis of the tools introduced. In the first chapter, it describes the state of sport govenance. In the sencond chapter, it reviews the philosophical arguments for freedom of expression. In the third chapter, the work expands the previous two chapters' arguments to the transnational sport industry. The next step allows the work to provide a meaningful framework for a defence of freedom of expression in various settings. Chapter 5 introduces limits to freedom of expression. Finally, Chapter 6 includes specific arguments regarding hate speech, as well as particular arguments for limiting it in certain circumstances.
This work argues that a defence of freedom of expression in a globalised sport industry can be made on moral grounds. In an industry where the product (sport) is produced and consumed globally; the defence of a human right to freedom of expression should be anchored in the universality of human rights. The work also argues that the idea of politics-free sport and the restrictions for everyone involved are the reflections of the interdependence of the market, the state and the sport industry. In order to be able to defend against the unequal practices of SGBs, the logical step is to strengthen the defence of freedom of expression. Due to the close proximity of international human rights practice and the sport industry, an 'international practice'-based approach was rejected. In essence, the individual, as a stakeholder, as a spectator or as a part of the audience was aimed to be protected from the practices of the sport governing bodies.
