This weekend, Viva F1 has organised the third Blogger's Swap Shop. It is a fantastic idea where 15 motorsports bloggers write for each other's blogs. An entry from me will appear at The Formula 1 & Motorsports Archive today. La Canta Magnifico Blog is honoured to host a guest entry by Maverick of Viva F1 (please ignore the entry by-line as I haven't figured out how to get it to change yet).
Formula One has more than its fair share of rules. There's not even a single rule book - please refer to the International Sporting code, F1 Sporting Regulations and F1 Technical Regulations as well as all the attached appendices while not forgetting the Rules of the FIA International Court of Appeal [and the Concorde Agreement - ed]. Undoubtedly the vaguest of all the rules, and quite deliberately so, is Article 151c which concerns "any fraudulent conduct or any act prejudicial to the interests of any competition or to the interests of motor sport generally." In other words, ‘bringing the sport into disrepute’.
The ‘disrepute clause’ gives rise to concerns not only about its ill-defined and wide-reaching nature but also about its potential for abuse. So vague is the clause, who is to define what is and what isn't against the interests of the sport? Furthermore, having lost the case, while there is scope to challenge the decision in the Court of Appeal how can you possibly argue that it didn't bring the sport into disrepute? It's an immeasurable concept. Taking a case even further, with notable exceptions, the courts are generally reluctant to intervene in the internal disputes of voluntary associations and not inclined to review the decisions of tribunals.
Last month, the FIA scrapped the team orders rule but with the caveat that "any actions liable to bring the sport into disrepute are dealt with under Article 151c of the International Sporting Code and any other relevant provisions". So are team orders banned? Ferrari's decision to manipulate Michael Schumacher past Rubens Barrichello on the last lap of the 2002 Austrian Grand Prix induced boos from the watching spectators and widespread condemnation from the media. It ultimately led to the banning of team orders, but how would it be dealt with today? It clearly sounds like a case of bringing the 'sport into into disrepute' but at the time, the WMSC "recognised the long-standing and traditional right of a team to decree the finishing order of its drivers in what it believes to be the best interest of its attempt to win both world championships" and hence took no action. Does tradition trump public opinion?
Moving onto 2010 and Hockenheim and this time it was Felipe Massa who was giving way for Fernando Alonso. The stewards acted by issuing the maximum fine allowed to them but the WMSC chose to not extend the penalty, instead going as far as recommending that the ban on team orders be abolished, which it subsequently was. However, what about bringing the sport into disrepute? There was uproar amongst groups of fans and the media, so was there a case for turning to Article 151c? The trouble is that while large parts of the media were unhappy (the Brazilian castigation of Massa being particularly venomous) it certainly wasn't the case everywhere. The Italian media sided with Ferrari, the Spanish media sided with Alonso and the German media, seemingly conditioned by the Schumacher-years, coolly seemed to think that it was business as usual - which in reality it probably was.
Another example from 2010, which might have resulted in Article 151c being brandished in anger, was Ferrari's and Alonso's claims that the European Grand Prix was fixed. If this was football there would have been repercussions - earlier this week, Liverpool's Ryan Babel picked up a £10,000 fine for retweeting a link to a mocked-up picture of referee Howard Webb in a Manchester United shirt after Liverpool lost 1-0 to their rivals. The stewards may have done a poor job that weekend but for drivers and teams at the centre of it all to suggest bias at the FIA could easily be seen as damaging to Formula One.
On the other hand, others may suggest that it was the actual stewarding that was damaging - which begs the question of whether the FIA themselves should be able to be found guilty of ‘bringing the sport into disrepute’? While many fans have been suggesting that for years, the nearest anyone on the inside has come to suggesting such a thing in recent years is in 2008, when Mark Webber accused Max Mosley of damaging the sport following allegations about his private life.
In the end, the Hockenheim result is forgotten largely thanks to a combination of a close-fought Championship and the fact that Alonso didn't take the title thanks to those points gained in Germany. How might the issue have rumbled on down the years if 'Alonso's title' had been questioned by some? Of course, one whole problem with the question of ‘bringing the sport into disrepute’ is that public exposure is central to the accusation and yet, by simply pursuing an issue, the FIA can generate even more publicity for a case, causing further damage. Yet, does it all really matter?
Formula One thrives on controversy, the politics is as much a part of the drama as the racing - an ongoing soap opera. Admittedly, the politics occasionally takes too much precedence over what is happening on the track (Max Mosley and FOTA's wranglings at the end of his reign being a prime example). Yet has any of it really damaged F1's reputation? Renault were found guilty of manipulating a race but fans never stayed away from the subsequent Singapore Grand Prix. McLaren were found guilty of stealing Ferrari information but Formula One is still seen as a glamorous sport. In short, the concept of the ‘disrepute clause’ seems like a misnomer as far as Formula One is concerned. Perhaps it comes down to that image of glamour - a bit of palace intrigue is expected to be part and parcel of the show?
But then maybe Bernie Ecclestone already knows that - a man who could probably earn himself three or four disrepute charges a year.
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