To define the word ‘sport’ it is almost impossible. UK law has no formal definition of sport , hence why it is difficult to define it. Everyone has their own opinion on what they would consider a sport, therefore, it is subjective; for example, some would not consider darts to be a sport. A typical definition would be ‘an activity involving physical exertion and skill in which an individual or team competes against another or others for entertainment’ . Coakley believes that ‘sports are institutionalised competitive activities that involve vigorous exertion or the use of physical skills by individuals who are motivated by different factors’ ; this means that sports is established activities that involve effort by people who are involved for different reasons. They could be playing a sport because they want to be the best at that activity or simply because they enjoy it. Even though an exact definition may not be possible due to the lack of a legal definition, similarities in description can be identified. There are elements of an organisational structure, rules of physical exertion and competition ; therefore, a feature of sports is some sort of physical activity.
The state has a non-interventionist approach to sports governance , the responsibility lies with private entities known as the national governing bodies (NGB) of sports. Every sport that is recognised will have its own ngb. The rules from ngbs bind other private entities, whether they are individual clubs or athletes. There has not been a need for the UK to define sports, sports have been regarded as one of Parliaments less important spheres of competence . Though regarded as not an important issue
The role for the department for Culture, Media and Sport (DCMS) is to promote health and a more active lifestyle, whilst creating world class athletes . The DCMS allocates funding to UK sport and sport England; therefore, if Cheerleading was to become a sport, this is where the funding will come from. When a sport has funding, it allows them to build and improve their sporting facilities, widen participation schemes and support elite performers . These are a few of these reasons why an activity would want to be recognised as a sport. A more in-depth analysis of why an activity would want to be recognised and the steps that are needed for an activity to become a sport will be discussed below.
The sports council does not decide what they constitute a sport instead they have a recognition process to see which sports they would possibly collaborate with. The recognition process starts off by seeing if the sport meets the Council of Europe’s European Sports Charter 1993 definition of sport ; Article 2 states "Sport" means all forms of physical activity which, through casual or organised participation, aim at expressing or improving physical fitness and mental well-being, forming social relationships or obtaining results in competition at all levels.
They also take into consideration if the sport is reputable and organised in the country the sport wants to be recognised.
Cheerleading is ‘the performance of athletic skills, dance and/or chanting to gain a response from spectators at an event . Though cheerleading is established in the U.S, it has recently become popular in the UK. The UK Cheerleading association hold competitions which are scored on many aspects of cheerleading e.g. ‘Stunt’ and ‘Pom Dance’. Cheerleading’s primary purpose is to support athletic teams. The competition element comes second, though now it could be argued that the competition element is equal to the support element.
Cheerleading would satisfy the definition provided by the European Sports Charter. Cheerleading is an organised physical activity which improves physical fitness, with annual competitions being held. Therefore, it would seem cheerleading would qualify as a sport; but this is not enough. Using this definition, every aspect of physical activity e.g. dog walking would be considered a sport.
Though a conventional legal framework does not exist, Article 165 of the Functioning of the European Union (TFEU) talks about the ‘social aspect of sport’. The Act states that the ‘union shall contribute to the promotion of European sporting issues…specific nature of sport…and its social and educational function. . Under this Act, it appears that the EU does not have a big role in sports, but responsibility falls to other authorities. The EU has more of a supportive and promotional role and less managerial, its actions are limited. The article is not intended to surpass the independent and flexible decision-making authority of sports federations. Article 165 requires that a sport needs to be recognised; hence, cheerleading needs to be a recognised sport for it to be included in the TFEU Act. It will then receive promotion from the EU, people will also receive education on cheerleading, hence more recognition leading to more people joining. An example of educating people could be that cheerleading is implemented in school P.E programs.
The recognition process is shared by all five Sports Councils/ sports Governing Bodies (SGB) (UK Sport, sport Scotland, Sport England, Sport Wales and Sport Northern Ireland) . The recognition process ‘determines the NGB responsible for governing the sporting activity’ . The NGB is the rule making body, whose rules are interpreted enforced by disciplinary tribunal, panel or committee .
NGBs power stems from members being bound by its rules. For the NGB to operate effectively, there needs to be a contract that is capable of binding all those involved to the rules and regulations. In English law, sport is based firmly on contracts; Without the existence of either an express or implied contract between the government body, the clubs and or athletes playing its sports, there is no legal basis for it being able to exercise regulatory powers over them. Hence, NGBs decisions need to be influential and followed.
Cheerleading would need to establish an NGB for the recognition process to start. Because it is not an established sport, there may be other organisations operating in the same field. Therefore, a suggestion would be that those that manage these organisations should decide who should be the recognised NGB in the UK. They will then be able to see which organisation has the most influence and can implement the rules most effectively.
However, the UK Cheer Association are the leading UK education provider of cheerleading, it appears that they may be the best fit to be the NGB and would put themselves forward for the position. The recognition process also acknowledges ‘the status of the NGB as private organisation which governs the sport’ . The government does not have much involvement on how the sport is ran.
There are two parts to the application process to become a fully recognised sport in the UK. The UK recognition panel manages the recognition process for sporting activities and NGB’s . The first part is the ‘pre- application’ and the second ‘full application’ respectively.
The reason for the pre-application is to ‘ensure the organisation meets the basic criteria’ . The full application allows the organisation to ‘demonstrate why it should be a recognised NGB’ ; this, in turn, will allow them to be a recognised sport. Being a recognised sport shows that the sport in question has the required level of organisation and governance. Recognition does not bestow powers onto an NGB, it should already have its own governance structure, and the recognition is acknowledging the role being played by the organisation. The NGB for cheerleading needs to have a governance structure in place for it to be considered as a recognised sport. there are a few main organisations which hold annual competitions for cheerleading.
Cheerleading would need to complete the pre-application form which is available on request from the Home Country Sports Council, where the NGB has its headquarters. In this case it would be Macclesfield. In the pre-application, the panel will look at the definition of sport contained in the Council of Europe’s European Sports Charter 1992; as stated above, the definition says, ‘sport means all forms of physical activity …improving physical fitness …obtaining results in competition’. The Sports Council will consider whether the activity is solely for sport or if the sporting element is the secondary aspect. The traditional role for a cheerleader is motivating team members and uplifting their spirits; however, competitive cheerleading is another aspect of cheerleading. Competitive Cheer is solely for competitions. This is where cheer squads compete against each other and can win prizes and awards. Hence, the NGB could argue there is a completive element using competitive cheer as its example.
The pre-application will also look at the organisation history, its constitutional structure, its affiliation to the uk and the influence it has on the sporting activity. The cheerleading NGB would need to have been in operation for a minimum of two years. The NGB must also demonstrate that it is the ‘leading body for the sporting activity…and in a position to own, control or influence the rules ’. The NGB must also prove that it can be ‘defined by rules accepted throughout the sport ’. Cheerleading has three main organisations the ‘British Cheerleading Association (BCA), Scot cheer and the United Kingdom Cheerleading Association (UKCA) senior representatives of these organisations need to agree to establish a unified body to represent their Cheerleaders in the UK and around the world.
Each establishment should offer representatives to the unified organisation.
The aim for this is to show that there is governance over its members and future cheerleaders in the UK. The NGB would also assist and represent cheerleaders in international matters. Having established their own NGB, it may be easier for cheerleading to be reputable as a sport, supporting their application to Sport England.
If all the criteria are satisfied, the application will be approved; the application process will then move on to the ‘full application process’. The reason for the ‘full application’ is so that the applicant can prove why they are best positioned to be the recognised NGB. The UK Recognition Panel will invite the NGB to discuss the claim before submitting a full application.
The criteria for the full application differs slightly to the pre-application. The NGB needs to prove that it meets minimum governance standards and must include statements on anti-doping and safeguarding . The NGB should also demonstrate that it has procedures in place to prevent injury and risks attached to cheerleading.
The NGB would need to justify cheerleading’s ‘uniqueness’. Many assume cheerleading shares a lot with dance and gymnastics. It straddles a line between sport and an art form. Therefore, the NGB has the challenge of showcasing how cheerleading is different to these. When a sporting activity is like one that already exists, one way to get around the issue would be to prove that cheerleading has developed ‘a significant independent cultural status’. By proving this, the recognition panel will consider accepting their application. Without the uniform and ‘pompoms,’ it could be difficult to distinguish cheerleading from dance. One way that cheerleaders can be distinguished is by the uniforms that they wear. Usually comprising of skirts and a crop top for female members.
The NGB will also have to be able to exhibit its aims and strategy for development. It will need to demonstrate how it will maintain its effectiveness as an NGB for its sports . The final criteria are showcasing its ‘sporting development’; the NGB needs to show that it serves not just its members but the sport in its entirety. It needs to show it has a plan for the promotion of cheerleading .
If all these criteria are met then the application will be approved, and the NGB will receive a letter stating what ‘recognition means, details of the recognition review and other requirements’ . Should it not get declined, the NGB can apply again after some time has elapsed, or appeal the decision within a 40-day period.
There are many explanations why an activity would want to be recognised and have the status of a sport. One of many reasons include association with the respective sports councils, this would exemplify to the public that the NGB for cheerleading is legitimate and is an official sport. If they have a well-known and trusted body in association, new members and those interested will have confidence in them.
After recognition, the NGB will have to undergo regular reviews, this ensures that the standards set up are being followed. Reviews ensure safety for its members and coaches are following procedure, that there is no ‘foul play’.
It is likely that the sporting experience for participants will be highly improved following regulation because there will be better governance and an importance on the development of the sport. The NGB may also have access to potential funding; which may be used to improve sporting facilities, promotion of the sport and higher quality education, to name a few. Some may receive ‘special athlete grants’ to aid their potential, in turn, can compete in international competitions. The funding can be used for travel, equipment etc.
Recognised sports receive lower taxes for sports goods and tax reliefs for the NGB. More people will have access to cheerleading, there is a social benefit for it being recognised as a sport. Accessibility to an activity like cheerleading means that it is not only available to only those who can afford it but to the vast majority of the nation.
Following recognition, there will be standards to ensure safety along with procedures to follow; the NBG will be able to enforce these standards against clubs and coaches who refuse to follow them. Though safety rules are enforced at competitions; team/ individual sessions are somewhat unregulated. Parents may not want their children doing a sport with high risk with no-one to be held liable should something go wrong.
Thus, recognition ensures legal protection and liability if problems were to arise.
The international Cheer Union (ICU) was awarded temporary recognition so it could govern safety training for coaches but failing to recognise cheerleading as a bona fide sport means that there will be no NGB; instead many organisations. Thus, cheerleaders will continue to be exposed to harm because safety is not well regulated. Numerous cheerleading injuries could be prevented by having appropriate safety provisions e.g. educating cheerleaders on how to ‘fall properly’.
One could make the argument that cheerleading deserves the status of a sport simply for the safety of cheerleaders.
There are far greater benefits of an activity being identified as a sport rather not, however, there may be a few negatives.
For something to be given a ‘sport status’ there needs to be commercial (money making) interest. For cheerleading to be a success in the commercial world, it will need to gather the interest of sponsors. Sponsorships are used in numerous ways e.g. increasing participation, subsidised kit/equipment and gaining support of the public. Sports are now run on sponsorships and are heavily influenced by the media.
Nonetheless, it seems as though the commercial element to cheerleading is lacking. Firstly, there are social issues of objectification. The owner of the New York giants said ‘we’ve always had issues with sending scantily clad women… to entertain our fans’ This is a clear example of how the women in sport are subject to objectification and critique about their femininity and looks, as opposed to just pure talent. There is a strong argument that cheerleading has been sexualised throughout the years, thus, there is a lack of admiration and respect from the sporting community. Cheerleaders uniforms were designed to allow movement to perform stunts, but over the years, the uniform has become more revealing. It seems as this was done to keep the attention of mostly male crowds. As cheerleaders are exposed to sexual objectification, and are seen as objects rather than talented athletes, those that want to join may be discouraged purely because they too would be ridiculed in the same way. Sponsors would not want to be associated with a sport that is seen to be objectifying women. Sports need sponsors to survive and there could be a backlash to promoting something which is seen to be objectifying women.
Cheerleading teams are primarily female, MP Helen Grant said women should ‘take up feminine sports like cheerleading’ . Thus, young boys and men may be discouraged from joining, but even females may not want to be categorised. This statement from a government official could be disparaging. One may assume that because cheerleading is predominantly female, it does not deserve to be a sport. It could also be said that cheerleading ‘reinforces a perception of female inferiority, if seen as only for girls, it could be perceived as second class to traditional male sports’ there is clear issue of sexism. NGBs would need to think of ways to appeal and promote cheerleading to males.