Introduction

Doping which means using/consuming banned substances by the sports personalities and such players/athletes in order to enhance their performance during competitive sports events has been affecting professional sports for a long time. World Anti-Doping Code (‘Code’) is the fundamental and universal document upon which the World Anti-Doping Program is based. Its purpose is to promote the anti-doping effort through the universal harmonization of core anti-doping elements in the field of sports across the globe.

The Code has been drafted giving consideration to the principles of proportionality and human rights. In January 2003, the first Code was approved. At the time, World Anti-Doping Agency (‘WADA’) committed to ensuring that the Code would be an applicable document, subject to review on a periodic basis. Accordingly, in February 2006 and November 2011, WADA initiated Review Processes with amendments having been incorporated within the 2009 and 2015 Codes respectively.                      

In December 2017, WADA initiated a two-year, three-phase, Code Review Process, which involved extensive stakeholder consultation regarding the Code, the International Standards, and the Athletes’ Anti-Doping Rights Act. The Code Review Process was undertaken by WADA’s Legal Department, which coordinated the work of all Code and Standards drafting teams. For the further review process, stakeholders were invited to intervene publicly on the proposed Code in November 2019 and the Code was approved by the WADA Board on 7th November 2019. The revised version of the Code took effect on 1st January 2021.[1]

a) Categories of athletes

Athletes will be categorized under the amended Code based on their level of competition:

• international level – athletes who compete on the international stage;

• national-level – athletes who are competing in a Declared Sporting Event within a country.

• lower or recreational level – athletes who are less likely to have the support and education that higher level athletes have. Sanctions are lower for these athletes;

• protected persons – underage athletes such as children or athletes who, for other reasons have been afforded greater protection and are now classified as protected athletes. Although they are still liable to violations, penalties are less severe compared to athletes of other categories and the identities of protected athletes will not be made public. Penalties range from a warning to a maximum ban of 2 years.

• Retired athletes returning to a high-level (national or international) competition will be required to give written notice 6 months prior to their intention to do so. During the 6 months, they must make themselves available for anti-doping testing before any international or national events.

b) Non-participants

Non-participants in a sport such as board members, executives, and high-performance staff are not subject to testing for banned substances but will be subject to, and liable for, rule violations for tampering, trafficking, administration, and complicity.

c) Testing changes

Not all substances or methods of use are banned at all times. Some substances are only banned “in the competition” which means consumption of such substances by such players/athletes will be banned/disallowed from the time period commencing at 11:59 pm of the night before an athlete is competing and at such time period will cease at the end of the sample collection period for that competition.

Whereabouts information is an important tool in anti-doping testing. Athletes must advise authorities of their whereabouts sometimes months in advance to enable unannounced testing to occur. The extent to which an athlete must provide information depends on their level of competition.

Athletes will now be classified in either the:

• Registered Testing Pool – athletes in the Registered Testing Pool have the most stringent requirements for notifying of their whereabouts, including providing 60-minute testing windows;

• National Testing Pool – the requirements for this new testing pool are not as stringent as those in the Registered Testing Pool;

• Domestic Testing Pool.

d) Rule violations and whistleblower protection

Whistleblower protection has been introduced into the Code. It is now an offense to discourage or retaliate against someone for reporting information relevant to potential doping activities. This amendment is introduced to secure such people informing about such activities and their fear of the ramifications of such actions. The current violation for tampering with substances has also been amended to include tampering during the results management process such as giving false recounts of events or falsified documents as evidence.

e) Prompt resolution of cases

Additional requirements have been introduced, restricting who can hear a matter. Although it seems obvious, people with industry experience and legal qualifications are now required. These changes impact how proceedings in such matters will be conducted to bring uniformity between cases.

The Code also mandates that the same individual is no longer able to sit on hearings that decide to charge an athlete and also hear whether a violation has been committed. Initial hearings for all athletes are through the national authority or the particular sport’s internal authority. Appeals must be heard independent from the original decision-maker unless informed consent is given by an athlete in particular circumstances.

f) Education

Ignorance is no excuse and education is necessary to make athletes understand their responsibilities. The updated Code introduces an international standard for education into the Code. Sporting bodies will be required to establish an education pool and an approved education plan which targets athletes and support personnel who require mandatory education, including those who have had previous violations of the Code. 

Other Aspects of the Code

The Code of 2021 sets out the anti-doping rules for all sports and all countries. The organizations that have accepted or signed up to the World Anti-Doping Code is called Signatory. Some organizations had to become a Signatory to participate at events such as the Olympic and Paralympic Games. Other organizations have chosen to become a Code Signatory to further protect their athlete’s rights to clean sport. Code Signatories must comply with the Code and the International Standards set therein. In order to implement the Code, each Signatory has an anti-doping program with anti-doping rules that takes into account the realities of their country and sport. These rules must be in line with the Code and WADA must approve them. WADA is helping Anti-Doping Organizations prepare for the Code through its Code Implementation Support Program (CISP). It is important to always know which group an athlete/player is in. National Anti-Doping Organization (‘NADO’) and International Federation (IF) of each signatory nation will have specific definitions for each of these groups of athletes/players in accordance of which the new List is published on WADA’s website wadaama.org needs to be checked. The International Standard for Results Management (ISRM) is a new International Standard that comes into force on 1st January 2021. The ISRM lists all the steps to be followed by an Anti-Doping Organization (ADO) with Results Management Authority (RMA) regarding a potential anti-doping rule violation (ADRV). It also lists what information needs to be provided to the athlete and at what time during the whole process.

The Code has been accepted by the entire Olympic Movement as well as by various sports bodies and NADOs across the world. It has also been recognized by more than 185 governments, through the UNESCO Convention against Doping in Sport. Both governments and sports bodies are committed to clean sport. The Code protects the fundamental rights, of an athlete/player, to participate in clean sport. The Code promotes and protects the health, fairness, and equal opportunity for you and athletes/players and aspiring sports personalities worldwide.

– Vaidehi Harshad Samant

Advocate, Mumbai