Contradictions within the Criminalisation of Ticket Touting: What Should Be the Role of the Law?

Greenfield, Steve; Osborn, Guy; Roberts, Stephanie

doi:10.2139/ssrn.1334624

Cited by 4 publications

(6 citation statements)

References 12 publications

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“…Across a number of publications, the authors present the incongruences and contradictions of ticket touting laws in line with the argument previously made by Greenfield et al (2008) that a law prohibiting the resale of solely football tickets could be discriminatory towards consumers [5]. In 2016, James and Osborn shifted from the perspective of the consumer to that of the primary rights holder (PRH), namely the governing body that organises the event in question.…”

Section: Literature Reviewmentioning

confidence: 62%

“…5. Greenfield et al (2008) presented insightful arguments as to why the specific law on touting football tickets was dated, contradictory, and even discriminatory towards a fan who sells a spare ticket to a friend outside the ground simply to recoup his or her expenses, and in so doing is roped into the strict legal definition of being a football ticket tout. A supporter of a rugby team, a tennis or a cricket fan, would not face such restrictions.…”

Section: Discussionmentioning

confidence: 99%

“…In his view, not only was this provision unjust, it almost amounted to outright discrimination. His stance was analogous with Greenfield et al's (2008) argument against specific ticket touting legislation; they suggested that a law prohibiting the resale, whether for profit or not, of football tickets and no other, was discriminatory. James and Osborn (2016) subsequently adopted a similar position.…”

Section: Law-breaking Activity and Risks For The Researchermentioning

confidence: 98%

“…This was of course the original reason for the passing of the 1994 legislation. My opinion on this provision tended to align with Greenfield et al's (2008) on the need for such a dated and contradictory provision to be reviewed, in light of the social changes that have occurred since that law was introduced. Similarly to Pearson (2009), I established certain parameters within which law-breaking activity could be justified.…”

Section: Law-breaking Activity and Risks For The Researchermentioning

confidence: 99%

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Navigating the grey areas of law and ethics in ethnography

Moretti

2019

JOE

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Purpose The purpose of this paper is to argue that the use of legally and ethically dubious methods in ethnography can sometimes be justified in the pursuit of new knowledge. The paper offers reflections on the risks that participatory methods of enquiry can bring upon both researcher and research participants, particularly in terms of the physical and reputational risks that researchers must face when adopting ethnographic methods in unwelcoming research environments. Design/methodology/approach Ethnographic methods, specifically participant observation (PO), were adopted to penetrate a gang of criminal ticket touts in the UK through a gatekeeper who provided access to knowledge and experience. Findings Pushing the legal and ethical boundaries of research is not only justifiable, but sometimes necessary in the discovery of new, socially valuable and otherwise unobtainable knowledge. Ethnographic research and PO are the only methods through which it is possible to gauge an understanding and appreciation, and thus present a valid depiction, of deviant and hard to access groups. As such, the use of these methods can sometimes be justified, within certain parameters. Originality/value This research adopts ethnographic methods in the under-researched and topical area of black market ticket touting in the UK. Ethnography alone, through an “internal” understanding of the participants’ viewpoints, can reveal that much of what is discussed in the media and in Parliament is inaccurate. The paper builds on the existing literature on touting and on conducting illegal research, and offers reflections on why these methods can sometimes be justified.

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Section: Literature Reviewmentioning

confidence: 62%

Section: Discussionmentioning

confidence: 99%

Section: Law-breaking Activity and Risks For The Researchermentioning

confidence: 98%

Section: Law-breaking Activity and Risks For The Researchermentioning

confidence: 99%

See 2 more Smart Citations

Navigating the grey areas of law and ethics in ethnography

Moretti

2019

JOE

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“…Despite the noted levels of media attention enjoyed by the touting phenomenon in recent times, the touts themselves have rarely featured within U.K. academia. Several publications have researched facets of ticket resale, including the legal (Baker, 2022; Greenfield et al, 2008; James & Osborn, 2016), the economic (Waterson, 2018) or the cultural (Behr & Cloonan, 2020). Additionally, the overall functioning of the primary and secondary ticket markets and their transformation since the explosion of online touting have been analyzed, alongside the views and responses of consumers and the industry (Duffy et al, 2020; Waterson, 2016).…”

Section: Literature Reviewmentioning

confidence: 99%

The Street Spirit Has Not Faded Out Just Yet: A Criminological Exploration of the Street Methods of U.K. Ticket Touts in a Time of Bots and Illegal Online Resale

Moretti

2024

International Criminal Justice Review

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The phenomenon of buying and reselling tickets for profit, known in the United Kingdom as ticket touting, can offer insights into the online–offline overlaps of contemporary illicit-market activities. While the technological advancements of the last decades have revolutionized the way in which tickets for U.K. concerts and sporting events are bought and sold, traditional forms of offline touting are arguably far from extinct. And yet the focus and efforts of campaigners, the media, and of (some) members of parliament have been dedicated entirely to the online aspect of illegal ticket resale. Indeed, legislation banning the use of “bots” to purchase tickets was introduced in 2017, and additional measures that only target the online methods of a so-called new generation of touts are again being considered. Empirical data collected through observations outside music venues and football stadia alongside in-depth qualitative interviews with contemporary touts, however, reveal a very different picture. Not only is street touting surviving and thriving, new evidence suggests that the touts’ traditional street spirit and deviant savoir-faire are now effectively being emulated by the same online resale companies that stakeholders are trying to target. In fact, the failed attempts to curb this much-vilified practice can in part be attributed to a widespread neglect of the touts’ traditional offline practices. In particular, the touts’ use of creative strategies to deceive and manipulate consumers, and to exploit longstanding, favorable connections within the official, primary market, continue to elude experts. The article situates touting alongside other illicit-market phenomena that, although impacted by recent technological innovations, still rely on original forms of offline offending. While street touting is seldom mentioned in the debates on regulating tickets, it is the very connection between the illegal resale market's online and offline aspects that could shed light on the areas that most require attention and reform, beyond technology and the bots.

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Law and Regulation

Greenfield

Osborn²

2010

Managing Football

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Contradictions within the Criminalisation of Ticket Touting: What Should Be the Role of the Law?

Cited by 4 publications

References 12 publications

Navigating the grey areas of law and ethics in ethnography

Navigating the grey areas of law and ethics in ethnography

The Street Spirit Has Not Faded Out Just Yet: A Criminological Exploration of the Street Methods of U.K. Ticket Touts in a Time of Bots and Illegal Online Resale

Law and Regulation

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