El VAR y la Inteligencia artificial en el arbitraje deportivo. Desafíos jurídicos de las decisiones automatizadas en el deporte

Abstract

This article examines the legal challenges arising from the integration of artificial intelligence (AI) into sports officiating, with particular focus on the use of the Video Assistant Referee (VAR). Contrary to the prevailing literature, which tends to treat refereeing decisions as a homogeneous category, the article advances a fundamental conceptual distinction between technical decisions related to the rules of the game—embedded in the private lex sportiva and generally non-reviewable—and disciplinary decisions, which in jurisdictions such as Spain possess a public nature and are subject to the guarantees of administrative sanctioning law. Building on this distinction, the paper reassesses key issues such as liability for algorithmic errors, decision-making opacity, bias, and rights of appeal, demonstrating that their legal treatment must vary depending on the type of decision involved. It also explores the “grey zone” created by VAR-assisted mixed decisions, highlighting the phenomenon of algorithmic deference. Finally, the article proposes differentiated regulatory frameworks for technical and disciplinary decisions, taking into account developments in comparative law and the implications of the European Union’s Artificial Intelligence Act