Belgian Athletics’ handling of Thiam case “problematic,” says sports law expert
The code of conduct imposed by Belgian Athletics on its athletes is "problematic," as it effectively functions as a contract on commercial rights rather than a simple code of conduct, says sports law expert Frea De Keyzer.
Controversy erupted over the code of conduct of Belgian Athletics after Nafi Thiam refused to sign it. The code contains rules regarding portrait rights that conflict with Thiam's existing sponsorship contracts.
Thiam claims that her refusal prompted the federation to consider barring her from the World Athletics Championships in Tokyo. She also claims that she was barred from attending a pre-camp event. This dispute had an emotional impact on the Olympic champion, leading her to withdraw from the tournament.
Code or contract?
According to Frea De Keyzer, sports law expert at KU Leuven, a federation imposing this on its athletes is "problematic". "This isn’t just a code of conduct; it’s a contract regulating the commercial rights of athletes. Such agreements must be open to negotiation, which has not been the case here."
"This isn’t just a code of conduct; it’s a contract regulating the commercial rights of athletes"
De Keyzer heard from several athletes that they were told it was a "no-go" to make individual adjustments to the code. That is particularly significant in a sport like athletics, where personal sponsorships and image rights are often crucial sources of income.
The selection criteria of Belgian Athletics explicitly state that athletes can be excluded "for any reason," including refusal to sign the code. That is excessive, says De Keyzer. "The time when athletes blindly followed their federations is over. Athletes also have rights, and federations can no longer impose everything without proper justification."
Political pressure
Since Thiam's withdrawal in Tokyo last month, the issue has also drawn political attention. On Thursday, Flemish MP Gwendolyn Rutten called the code "completely illegal" and urged for "tabula rasa" within the federation.
"The federation forces athletes to sign a document that is not a code but a contract," Rutten said. "Contracts must be negotiated — especially when it comes to image and sponsorship rights. Refusing to negotiate under threat of exclusion from international competition is unacceptable."
#FlandersNewsService | © BELGA PHOTO JASPER JACOBS
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