Clémence Cathelain-Collon, Pim Verschuuren, Jacek Potulski

WHISTLEBLOWER PROTECTION IN CASES OF MANIPULATION OF SPORTS COMPETITIONS: FRENCH LEGAL PERSPECTIVES FOLLOWING THE MOTIVACTION PROJECT

Introduction

Whistleblower protection in cases of manipulation of sports competitions: french legal perspectives following the motivaction project. Examine French legal protection for whistleblowers reporting sports manipulation, focusing on Sapin II, Waserman laws, and sports code. Proposes reforms to boost trust, reporting, and integrity in French sport.

Abstract

Various tools exist to report the manipulation of sports competitions, yet stakeholders still rarely report. This article examines the French legal framework applicable, or partially applicable, to whistleblowers in cases of sports manipulation, focusing on the “Sapin II” Law (Law No. 2016-1691), its 2022 reform (“Waserman” Law No. 2022-401), and sport-specific provisions in the Sports Code, including anti-doping rules. This article proposes legal improvements tailored to the sports ecosystem: extending protection to all sports actors regardless of employment status; designating sports-integrity “facilitators;” creating a unique sports-specific external reporting pathway that clearly covers all integrity issues; strengthening remedies; and clarifying confidentiality and anti-reprisal guarantees. These reforms aim to increase trust and the practical use of reporting channels, thereby strengthening integrity in French sport.

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