INTRODUCTION
A black glove and a raised fist during the American national anthem in 1968 at the Olympic medal ceremony by African American sprinters Tommie Smith and John Carlos sparked an uproar in the whole world.[1] Fast forward to 2021 and taking a knee before a game in many events is as common as posing for a pre-match group photo.[2]
The Tokyo Olympics 2020, held in Japan from 23 July to 8 August 2021, demonstrated such expressions by athletes. The reason was rule 50.2 under the Olympic Charter. The aim of this article is to understand the rights and duties of athletes at the Tokyo Olympics 2020 by going into the details of the rule and how the rule affected demonstrations at the Olympics.
RULE 50.2: RIGHTS AND DUTIES OF ATHLETES
Rule 50.2 of the Olympic Charter[3] states that “No kind of demonstration or political, religious or racial propaganda is permitted in any Olympic sites, venues or other areas.” From the bare reading of the rule, it is clear that any kind of political protest would breach the Charter.[4]
Until the Rio Games five years ago, Rule 50 by the International Olympic Committee (IOC) prohibited any kind of demonstration or political or religious statements at Olympic sites.[5] However, the Committee provided relaxation to protesting rules to athletes for the year 2020. In other words, the guidelines do not prohibit the expression of views by athletes:
- Outside the venues or sites and
- Before, after, or both before and after Olympic games
This is a significant shift in the IOC’s position, which had traditionally taken a serious approach against undertaking any form of protest or demonstration during the Olympics.[6] For explaining this better, the guidelines provide that during the Olympic games, athletes can express their views at places such as mixed zones, Main Media Centre (MMC), press conferences at the venue or MMC or the international broadcasting centre (IBC), interviews, meeting with the team, digital or traditional media, social media and while speaking to media.
Apart from the above specific spheres, athletes also have the freedom to express themselves on the field of play prior to the commencement of the competition, i.e. after the athletes leave the call room or an area similar to that or during the time when the individual athletes or team is being introduced. There are certain conditions for doing this, which are discussed as follows:
- The expression should be consistent with Olympism’s fundamental principles, which include values such as respect of universal fundamental ethical principles, social responsibility, human dignity and harmonious development of humankind.[7]
- It should not be directly or indirectly targeted against any person, country, organization, dignity.
- It should not be disruptive. This condition prohibits the following expressions:
- Expressions done when another team or athlete’s introduction or the national anthem is taking place.
- Expressions that physically interfere with the introduction of a team or athletes or a protocol such as when a flag or banner is being unfurled.
- Causing or accepting the danger of physically harming any person or property etc.
- It should not be in any way, limited or prohibited by the National Olympic Committee’s or relevant International Federation’s rules or regulations.
Further, applicable laws must be respected by athletes, along with respecting Olympic values and fellow athletes.
The current guidelines are an analysis consistent with the approach to the right to freedom of expression enshrined under Article 10 of the European Convention on Human Rights.[8] The IOC AC (Athletes’ Commission) summarised its understanding of the legal position in the following terms[9]:
- While freedom of speech and expression is a universally recognised fundamental human right, it is not absolute. Such a right comes with duties and responsibilities.
- Freedom of speech and freedom of expression may be restricted under a very limited set of conditions, the assessment of which is delicate and varies depending on the circumstances.
PURPOSE
As per the guidelines, Athletes’ expressions on the field of the play during competitions or official ceremonies may distract the focus from the celebration of athletes’ sporting performances. The Rule also aims to shield athletes from the negative repercussions of being obliged to take a public stand on a domestic or international issue regardless of their opinions and to ensure that other competitors at the Olympic games are treated with respect.
RESTRICTIONS
The guidelines prohibit the expression of views in/during:
- Official ceremonies (opening, closing, or Olympic medal ceremonies)
- Competition on the field of play
- Olympic Village
CONSEQUENCES OF NOT FOLLOWING THE GUIDELINES
The sanctions that may be imposed if an athlete or team violates the Olympic Charter are outlined in Rule 59.2 and are discussed as follows:
- Ineligibility (permanent or temporary) or exclusion from the Olympic Games
- Withdrawal or disqualification of accreditation
- Removal of any medals that are obtained in relation to the Charter’s infringement
- Taking back the advantage of any ranking earned in other Olympic events from which the team or athlete is not excluded or disqualified, as well as any medals won on the basis of those rankings
The severity of the sanctions, as well as the IOC’s previous responses to protests, highlights the importance for athletes to carefully evaluate the Charter and guidelines before considering a protest during the Olympics.[10]
THE RATIONALE BEHIND THE RULE
The United States’ athletes’ demonstrations during the 2019 Pan-American Games had an impact on the revised Rule 50 Guidelines.[11] Gwen Berry and Race Imboden, two American athletes competing in the 2019 Olympics, made symbolic demonstrations by raising fists and kneeling, respectively. The major causes for the protests were racism, a lack of gun control laws, and injustice towards immigrants. Following the demonstrations, both the athletes received letters of reprimand and were placed on a 12-month probationary term. With this, they were warned that any future acts of protest would be met with harsher punishments.
Apart from this, the IOC did not want any politically motivated disruptions during the Tokyo Games. The organizers and host countries rely on corporate sponsorships and television companies for funding, which might be withdrawn as a result of the protests. Thus, apart from Rule 50’s declared objective, financial interests also influenced the formation of the rule for the 2020 Tokyo Olympics.[12]
HOW THE RELAXATIONS CAME INTO BEING
Following a quantitative study conducted by the IOC Athletes’ Commission (IOC AC) that began in June 2020 and included a poll of 3,547 athletes as well as suggestions from prominent sports and human rights attorneys, the changes were made.[13]
One interesting point to note here is that the investigation appears to have begun after the IOC Executive Board passed a resolution condemning racism and other forms of discrimination on June 10, 2020, in reaction to massive global demonstrations that occurred due to the murder of George Floyd in the US.[14]
DEMONSTRATIONS BY ATHLETES AT THE TOKYO OLYMPICS 2020
“I know a lot of people like me, a lot of athletes like me, a lot of people are scared to succeed or speak out. As long as I can represent those people, I’m fine.”
-Hammer thrower, Gwen Berry
At the Tokyo Olympics 2020, hammer thrower Gwen Berry did the same demonstration as she did in 2019 before her competition. As the U.S. men’s foil team received its bronze medals, Fencer Race Imboden also expressed himself with a circled “X” on the back of his hand. With this, he had indicated a desire to tone things down in Tokyo.[15]
The South Korean team before the beginning of the Games, hung banners at the athletes village outside their apartments so as to make a reference to past conflicts with Japan. Olympic officials quickly had them remove the banners as the guidelines clearly prohibited any demonstrations in the Olympic village.[16] Apart from this, players from the United States, Britain, New Zealand, Sweden, and Chile women’s teams also went to a knee before their games as an anti-racism gesture. The likes of that gesture had not been seen before on the Olympic stage.[17] There were other such demonstrations by athletes at the Tokyo Olympics 2020.
CONCLUSION
The relaxations under the guidelines made some people happy while some still objected to rule 50.2 that limits the freedom of expression of athletes. For the conversation on the rule 50.2 and relaxations that have been provided, sports scientist Ross Tucker said “The IOC being fearful of alienating the fan base and sponsors, the athletes fearful of recrimination if they express those views.” Even after the imposed relaxations, it was observed that the expected confrontation was unexpectedly muted and only relatively mild demonstrations could be seen at the Tokyo Olympics 2020.[18]
[1] Nadra Kareem Nittle, Why Black American Athletes Raised Their Fists at the 1968 Olympics, HISTORY (May 25, 2021), https://www.history.com/news/black-athletes-raise-fists-1968-olympics.
[2] Mihir Vasavda, Tokyo 2020: Protest Games or Woke Olympics?, INDIAN EXPRESS (July 23, 2021, 8:37 AM), https://indianexpress.com/article/olympics/tokyo-2020-protest-games-or-woke-olympics-7417310/.
[3]Rule 50.2 Guidelines – Olympic Games Tokyo 2020, ATHLETE 365 (2 July 2021), https://olympics.com/athlete365/app/uploads/2021/07/Rule-50.2-Guidelines-Olympic-Games-Tokyo-2020-Final.pdf.
[4] Luka Krsljanin, Political protests in sport – Athletes’ rights and duties at the 2020 Olympics, SPORTS LAW BULLETIN (July 22, 2021),
[5] Supra note 2.
[6] Luka Krsljanin, Ted Powell & Thomas Barnard, Political Protests In Sport – Athletes’ Rights And Duties At Tokyo 2020 Olympics, LAWINSPORT (July 2021), https://www.lawinsport.com/topics/item/political-protests-in-sport-athletes-rights-and-duties-at-the-tokyo-2020-olympics.
[7] Ibid.
[8] Supra note 6.
[9] IOC Athletes’ Commission’s recommendations on Rule 50 and Athlete Expression at the Olympic Games fully endorsed by the IOC Executive Board, INTERNATIONAL OLYMPIC COMMITTEE (Apr 21, 2021), https://olympics.com/ioc/news/ioc-athletes-commission-s-recommendations-on-rule-50-and-athlete-expression-at-the-olympic-games.
[10] Naman Khanna, Interpreting Rule 50 of the International Olympic Charter, GLOBAL SPORTS POLICY REVIEW (Sep 5), https://www.g-spr.com/post/interpreting-rule-50-of-the-international-olympic-charter.
[11] Ibid.
[12] Supra note 10.
[13] Supra note 9.
[14] Supra note 6.
[15] David Wharton, Despite the IOC’s fears, the Tokyo Olympics didn’t become the Protest Games, LOS ANGELES TIMES (AUG. 7, 2021 6:23 AM PT), https://www.latimes.com/sports/olympics/story/2021-08-07/ioc-fears-tokyo-olympics-athletes-protests.
[16] Ibid.
[17] Tokyo 2020: What’s the history of the Olympics protest rule?, HINDUSTAN TIMES (Jul 22, 2021, 11:34 AM), https://www.hindustantimes.com/sports/olympics/tokyo-2020-what-s-the-history-of-the-olympics-protest-rule-101626933428337.html.
[18] Supra note 15.
YLCC would like to thank Aditi Aggarwal for her valuable inputs in this article.
