Tickets, policy and social inclusion: can the European White Paper on Sport deliver?

• Author: James, Mark
• Position: ARTICLES - Report

Introduction

Whilst sport is increasingly seen by many in terms of its commercial potential, the broader social function of sport should not be overlooked. There are myriad examples of this, particularly at the European Union level. The social role of sport is specifically stressed in Declaration 29 of the 1997 Treaty of Amsterdam, 'The Conference emphasizes the social significance of sport, in particular its role in forging identity and bringing people together' and in the Treaty of Nice, '[T]he Community must, in its action under the various Treaty provisions, take account of the social, educational, and cultural features inherent in sport.' (1) Further, the European Commission's White Paper on Sport noted that '[s]port is an area of human activity that greatly interests citizens of the European Union and has enormous potential for bringing them together, reaching out to all, regardless of age or social origin', (2) whilst the British Olympic 2012 bid set much store in the integrative function of sport, and the possibility of kick starting a revolution in sporting participation as part of its legacy. The London 2012 website proclaims that:

'London 2012's ambition is to create a Games for everyone, where everyone is invited to take part, join in and enjoy the most exciting event in the world. London 2012 will create the most accessible and participative Games. It will touch people as it has never done before, stimulating people to do more and to try new things and reassess what we are all capable of.' (3) This seeming polarity between the commercial and the cultural has vexed the European Commission, which has struggled to reconcile these seemingly incompatible aspects of sport and this tension has produced notable schisms and contentious decisions. In particular, this has occurred in respect of the transfer regulations and associated restrictions imposed on professional footballers when seeking new employment at a different club (4) and the sale of broadcasting rights, (5) although there have been other, perhaps less newsworthy, areas of intervention in addition to these. The focal point of much of the debate has often been on the definition and application of the concept of 'the specificity of sport' to justify a particular outcome. (6)

The area of ticketing has also not been without legal intervention. Whilst historically centred on issues of spectator safety and public order, (7) other aspects of ticketing policies have come to the fore more recently, particularly in terms of access to tickets. These developments have become particularly marked with the advent of sophisticated online environments for buying and selling tickets such as ebay in a general sense, and more specifically, ticket focussed online vehicles for selling tickets such as seatwave and viagogo. The creation of on-line environments and the associated increase in online transactions has led to EU action to control unscrupulous sales. (8) In addition, the EU has considered ticketing issues on a number of occasions in the past, with Commission decisions being handed down on the legality of exclusive distribution rights and discriminatory practices, particularly around FIFA World Cup packages. (9) In England and Wales the role of the law as regards policing the primary and secondary ticket markets has also recently become the subject of scrutiny, with a series of ticket touting summits held under the auspices of the Department for Culture, Media and Sport. (10)

Rather than focussing specifically on regulatory initiatives, this article analyses ticketing from the perspective of policy imperatives and issues of social inclusion, particularly the problems associated with access to tickets for sporting events. It examines various policies and approaches before going on to look at the issue of secondary markets and possible threats to inclusionary policies. It concludes by analysing how this fits in to the specific framework of sport and examines how this fits with the aims of the European White Paper on Sport (the White Paper) as regards social inclusion.

Ticketing policies: inclusion and access

The White Paper is the culmination of a number of developments and focuses on the societal importance and influence of sport, an aspect that we noted above is seen as important on a number of levels. (11) The White Paper had an avowed aim:

'[t]o give strategic orientation on the role of sport in Europe, to encourage debate on specific problems, to enhance the visibility of sport in EU policy making and to raise public awareness of the needs and specificities of the sector'. (12) On a more specific level, and importantly for our purposes, the White Paper made some particular suggestions in the areas of social inclusion (13) and the Commission Staff Working document made specific reference to ticketing issues and policies. (14) In terms of social inclusion, the White Paper stated that:

'Sport makes an important contribution to economic and social cohesion and more integrated societies. all residents should have access to sport ... the Commission believes that better use can be made of the potential of sport as an instrument for social inclusion in the policies, actions and programmes of the European Union and of Member states'. (15) Whilst this may have been more focussed on job creation, economic growth and participative issues, access to professional sports events as spectators could, and perhaps should, also come under this rubric. at a national level, the access of spectators to sport has become a serious issue. In the United Kingdom, and especially within football in the English Premier League, there have been particular problems regarding ticketing policies and issues of inclusion and exclusion. To a large degree this has been created by the massive commercialisation of, and spectator interest in, football post-Italia 1990. (16) This problem was recognised by the Football Task Force (FTF), which was established to investigate, amongst other issues, whether football should be regulated in any specific way to prevent the unchecked commercialisation of the game. The FTF noted in its fourth Report to the Minister of Sport that, as regards ticket policies, the proposed Football...