This essay aims to discuss the possibility of legalising all performance-enhancing drugs. In order to provide a balanced argument, the main issues surrounding the use of performance-enhancing drugs in sport must first be taken into account

… the use of doping agents in sport is both unhealthy and contrary to the ethics of sport … it is necessary to protect the physical and spiritual health of athletes, the values of fair play and competition, the integrity and unity of sport and the rights of those who take part in it at whatever level …   

The World Anti-Doping Agency (WADA) was established in 1999, specifically to deal with the problem of drugs in sport. The decision to set-up the Agency came in response to the disqualification of the Festina cycling team from the Tour de France the previous year.

WADA “…promotes and coordinates the worldwide fight against doping in all its forms.” 

In order to make the fight against drugs in sport more universal and consistent, and therefore equally treated, the Agency published the World Anti-Doping Code in 2004:

The Code provides a framework for anti-doping policies, rules, and regulations for sport organizations and public authorities.

Through the introduction of the Code, WADA have had to take on some extra responsibilities including:

…the accreditation of the laboratories in charge of the analysis of samples; the preparation and review of the annual List of Prohibited Substances and Methods; and the implementation of ADAMS (Anti-Doping Administration & Management System)…Furthermore, WADA continues its important work in terms of education, awareness, communications, Independent Observers programs, and coordinating and funding research.

If a sports body or government fails to accept the Code, they cannot enter their teams into the Olympic Games.

In some cases, when an athlete tests positive for using drugs, they are referred by the sports organisation to the Court of Arbitration for Sport (CAS). Since its establishment in 1984, the CAS has been responsible for resolving sporting disputes through arbitrary means. The CAS holds ‘mobile’ tribunals at major sporting events, such as the Commonwealth Games.

The case of Modahl v British Athletic Federation (BAF) concerned the professional athlete, Diane Modahl, who had been asked to give a urine sample for drugs testing at an athletics event in 1994. The results showed that there was a higher level of testosterone in Modahl’s bloodstream than was allowed by the Federation’s drugs guidelines. A second test showed similar findings. Modahl was suspended from all competitions held by BAF. Following a disciplinary hearing, Modahl was banned from professional athletics for a period of four years.

Even though there are strict rules and regulations in place with regard to athletes taking performance-enhancing drugs, the problem still permeates the world of sport.

Some people believe that the only way to banish doping in sport is by legalising all performance-enhancing drugs. They are of the opinion that the use of such drugs in sport would result in it being much more unpredictable and interesting. This argument would be supported by the fact that most fans want to see the best possible performance in sport, even if drugs have played some role in this. There is a view that that although fans are aware of widespread drug taking in a particular sport, they are still happy to go and watch. For example, in the 1998 Tour de France, fans knew of the wide usage of EPO (Erythropoietin-a hormone which increases the number of red blood cells in the body and delivers oxygen to the muscles) in the race, but this did not affect their attitudes towards the event.

Many have come to accept that the different levels of sport require a different standard of athlete, and it is sometimes impossible for higher-class athletes to further improve their natural abilities without the aid of performance-enhancing drugs. It is becoming more widely recognised that amateur sport is about participation, but professional sport is increasingly concerned with the quality of performance.

Cheating is already evident in the sporting world, especially so in sports such as basketball and football. In basketball, players will pretend to have been fouled so they will be awarded a free throw, and some football coaches teach their players how to obstruct or trip opponents without being seen by the match officials. Neither of these methods of gaining an advantage over the opposition can be seen to be ‘fair’, but as most teams advocate such techniques, none are gaining any true advantage.

So, when applying this to drugs, sports bodies should make it their priority to test athletes for health and fitness levels, instead of for drugs. If an athlete is either unfit or unhealthy, they cannot be expected to perform to the best of their ability, regardless of whether they are taking drugs or not. Many athletes are aware of the health risks as a result of using drugs, but they still choose to ignore them. Would true sports fans not see this as a sign of outstanding commitment shown by the athlete to their team or country? After all, it is widely accepted that the risk posed to an athlete by their taking performance-enhancing drugs is considerably less than if they were to drink large amounts of alcohol or smoke a considerable number of cigarettes.

There is also a basis for challenging the current attitude towards doping in sport on the grounds of human rights. Banning an athlete from putting whatever they like into their body could be seen as an infringement on their rights as an individual.

Surely one of the greatest incentives for the sports bodies and organisations to approve of the legalisation of performance-enhancing drugs in sport would be the vast sum of money that would be saved from carrying out drugs tests?    

Others would say that the use of performance-enhancing drugs in sport should remain banned. Many opponents to the legalisation of performance-enhancing drugs argue that gaining an unfair advantage over the opposition is cheating, and that neither athletes, nor their coaches, should treat it as a strategy. Cheating goes against the idea that there should be a level playing field in sport. This sentiment is echoed by cyclist Chris Hoy:

I don’t understand how anyone could be satisfied with winning if they know they have achieved success through drugs. Every time I compete I want to win, but I want to win fairly.

Some hold the opinion that if fans are aware that an athlete has cheated in their sport, they view them with less respect than they previously did. This would have a detrimental effect on the enjoyment that fans gained from watching sport. Where there are instances of drug-taking, yet the number of fans viewing the sport is consistently high, it is most likely that there has been no alternative to that particular event which does not also involve doping.

Regardless of whether the sport is at an amateur or professional level, it should be the participation that matters to the athlete, and not their performance. If drug-taking is seen to be allowed at a professional level, those wanting to move up a level from an amateur ranking would only stand a chance of success if they too were using performance-enhancing drugs.

Again, it should be the health of the athlete which is of paramount importance. For this reason, sports bodies make the distinction between drugs and more common methods of enhancing performance in sport, for example swimmers wearing specially designed costumes:

 …performance enhancing drugs should be banned because they can potentially damage the health of those taking them…anyone using them is trying to gain an unfair advantage over those athletes who wish to maintain normal health.

The impact that the possible legalisation of performance-enhancing drugs would have on society is something which needs to be taken into careful consideration. Many people, especially youngsters, view athletes as role models. If drugs were allowed in sport, regulatory bodies say this would promote unhealthy and dangerous behaviour.

There is also the concern that if drugs were to be allowed in sport, drug advertising and sponsorship would soon follow, and there would be a situation which is resonant with the problem with tobacco advertisements in Formula One racing.

Perhaps the best approach would be to find some middle ground. This could be done by adopting a universal version of the system which exists in bodybuilding. There are two different categories in the sport, one for competitors who use performance-enhancing drugs, and one for those who do not. This could be achieved by allowing drugs at professional levels, but keeping them out of amateur sports.  

This essay has highlighted the issues which might arise from the legalisation of all performance-enhancing drugs, and the reasons why this might not be the best approach. It has also suggested the possibility of a compromise solution.

In the same way that selective breeding exists in horse- and greyhound racing, it will not be long before scientists find an appropriate alternative for humans. Some Scandinavian scientists have emphasised how the issue of drugs in sport will be made to seem trivial when compared with implantation of performance-enhancing genes into athletes’ bodies.

The fact of the matter is that, regardless of whether the current rules should be changed, athletes have a responsibility to abide by them. Yet, at the same time, the rewards which are on offer for success in sport will remain to be, as they always have been, a sufficient incentive for some athletes to seek to use whatever method they can in order to gain a competitive edge.

Word Count: 2011

Bibliography

Websites

By any means necessary [online], BBC, Available at:

 [Accessed on

27th April 2006]

 Drugs in sport: a brief history [online], The Observer, Available at:  [Accessed on 27th April 2006]

  Initiatives: World Anti-Doping Agency [online], CCES, Available at:

http://  [Accessed on 27th April 2006]

International Olympic Charter against Doping in Sport [online], International Olympic Committee, Available at:  [Accessed on 27th April 2006]

 

  Q&A on the Code [online], WADA, Available at:

 [Accessed on 27th 

April 2006]

100% ME, Available at:  [Accessed on 27th April

2006]

Table of Cases

Modahl v British Athletic Federation [2000] All ER (D) 2274

Table of Statutes

None.

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