Draft of German Anti-Doping Law

[Robert Jasiek]

Today, a draft of a German anti-doping law, which also contains
conditions for going to prison, has been announced. It has been said
by de Maiziere (minister of interior) and Maas (minister of
jurisdiction) that sportsmen will be required to announce their place
of being at any time. If this becomes law, it can have the most severe
consequences for some or all tournament players that are Germans or
attend German tournaments or events. However, IMO, the German federal
constitional court would find such a law to violate the German
constitution's basic rights to freedom and to informational
self-determination as well as the principle of law of appropriateness
of means. Sportsmen are not a priori and per se criminals, but this
aspect of the law would treat them alike.

[SP]

Post by Robert Jasiek
Today, a draft of a German anti-doping law, which also contains
conditions for going to prison, has been announced. It has been said
by de Maiziere (minister of interior) and Maas (minister of
jurisdiction) that sportsmen will be required to announce their place
of being at any time. If this becomes law, it can have the most severe
consequences for some or all tournament players that are Germans or
attend German tournaments or events. However, IMO, the German federal
constitional court would find such a law to violate the German
constitution's basic rights to freedom and to informational
self-determination as well as the principle of law of appropriateness
of means. Sportsmen are not a priori and per se criminals, but this
aspect of the law would treat them alike.

Are go players sportsmen according to German law??? Even 20
kyus, only dan players, only professionals?
I do not know the present situation, but some 25 years ago,
when I was involved in these matters, Go organizations did
not qualify for State support, tax allowances and the like
precisely because Go, bridge and all other mind games were
not considered sports, as they do not require a physical
activity. The only exception was chess, and it had to be
stated explicitly: "Chess is considered a sport for the
purposes of this law." I. e., according to law commentators:
"Chess is not a sport in Germany, but the lawmakers let it
be a sport as far as this particular law is concerned."
For further information about this subject, please ask the
Board of the German Go association or search the relevant
words: Gemeinnützigkeit Sport Schach.
Greetings from Berlin.

[Robert Jasiek]

Post by SP
Are go players sportsmen according to German law?

In German, one must distinguish between sport (no, but Bridge is),
recognised sport for a particular purpose (yes, for certain doping
matters), Gemeinnützigkeit (no), sport organisation subject to WADA
anti-doping rules (yes, partly, with special agreements), sport
organisation member of NADA (no), sport potentially subject to NADA
activity (yes), subject to sports courts (yes, partially) etc.
However, AFAIK, German law does not know 'mind sport'. And for tax and
related aspects, a couple of further terms apply.

(WADA = World Anti-Doping Agency, NADA = National...)

In an attempt to apply for traditional Olympics, the IGF adopted the
WADA anti-doping rules (partly, with special agreements). The IGF is a
member of SportsAccord and GAISF.

[SP]

Post by Robert Jasiek

Post by SP
Are go players sportsmen according to German law?

In German, one must distinguish between sport (no, but Bridge is),
recognised sport for a particular purpose (yes, for certain doping
matters), Gemeinnützigkeit (no), sport organisation subject to WADA
anti-doping rules (yes, partly, with special agreements), sport
organisation member of NADA (no), sport potentially subject to NADA
activity (yes), subject to sports courts (yes, partially) etc.
However, AFAIK, German law does not know 'mind sport'. And for tax and
related aspects, a couple of further terms apply.
(WADA = World Anti-Doping Agency, NADA = National...)
In an attempt to apply for traditional Olympics, the IGF adopted the
WADA anti-doping rules (partly, with special agreements). The IGF is a
member of SportsAccord and GAISF.

Do you know when bridge became a sport according to German
law and why Go didn't?
Isn't it a bit crazy that Go is not a sport when it would be
good for it (tax allowance etc., see Gemeinnützigkeit), but
it is a sport when this is dangerous for players (doping)?
I do understand the fight against doping, but we have to
consider that high coffein consume and common drugs against
common ailments, such as high blood pressure, are liable to
cause positive doping tests with the relevant consequences.
It's OK with me, as far as high-prize tournaments and trips
to World Championships or Olympic Games are concerned, but
not OK for amateurs who'll hardly ever get a 100 euro prize
once in their lives.
Under these circumstances, I'll have to reconsider if I
really want to enter the next Berlin Go tournament. I like
Go, but playing it is not worth going to jail.

[Robert Jasiek]

Post by SP
Do you know when bridge became a sport according to German
law and why Go didn't?

Recently; I do not recall if 2014 or 2013.

I think Bridge has had better contacts to responsible persons
(politicians?).

Post by SP
Isn't it a bit crazy that Go is not a sport when it would be
good for it (tax allowance etc., see Gemeinnützigkeit), but
it is a sport when this is dangerous for players (doping)?

Yes.

Post by SP
the next Berlin Go tournament. I like
Go, but playing it is not worth going to jail.

Currently, we are speaking of a DRAFT of a law. So you need to
reconsider next year's tournament.