Criminalising Contract: Does Ticket Touting Warrant the Protection of the Criminal Law?

James, M ORCID: https://orcid.org/0000-0002-6256-611X and Osborn, G (2016) Criminalising Contract: Does Ticket Touting Warrant the Protection of the Criminal Law? Criminal Law Review, 2016 (1). pp. 4-19. ISSN 0011-135X

Preview

Accepted Version Available under License In Copyright. Download (451kB) | Preview

Abstract

This article analyses the appropriateness of extending the criminal law to breaches of contract, focussing upon ticket touting in the context of sporting events and its legality under the current law. Using international Test Matches organised by the Rugby Football Union and the games played at Rugby World Cup 2015 as case studies, it examines whether the current football-specific provisions of the criminal law should be extended to other major sports and sporting events hosted in the UK. A nuanced definition of ‘ticket touting’ is introduced, the justifications for the current prohibitions analysed, and the appropriateness of further criminalising such activity considered. The article illustrates that whilst the criminal law is one possible mechanism to tackle this activity, a broader approach to regulation of the secondary market is required that takes account of the needs of event organisers as well as sports fans.