January 14, 2022

expert comments from ethicists on the situation with Novak Djokovic and the Australian Open

Two ethicists have sent over their comments on the Djokovic situation, here they are in case useful.

Prof Dominic Wilkinson, Professor of Medical Ethics, and Member of UKRI Pandemic Ethics Accelerator, University of Oxford, said:

“There are  different possible reasons for rescinding Djokovic’s visa.

“One might be on the basis of incorrect information provided on visa applications. Countries often take a strict line on enforcing this because of the need to ensure that those entering a country complete applications truthfully. Even a minor (and inconsequential) misstatement might be taken as reason to exclude someone. (Though there would be a question about proportionality and whether there should be ‘honest mistake’ exceptions to this).

“A second might be purely legal and policy based. Australia has a policy of excluding from entering those who are unvaccinated (unless they have a medical reason why they cannot receive a vaccine). On this basis it would be lawful for Australia to exclude Djokovic on the grounds that the medical certificate that he provided does not prove that he cannot be vaccinated. It would be consistent to take this line. But of course, we should ask whether this is the right policy.

“A key ethical question is whether countries like Australia that wish to reduce spread of Omicron should take into consideration the fact that someone (who is unvaccinated) has confirmed evidence of a recent infection. If he had a positive PCR test in December, there is good reason to think that he would have a comparable (low) risk of being reinfected and then passing on the virus, as if he were doubly vaccinated¹. He does not pose a risk to other players or to the wider community – any more than the other players in the Australian open.

“That is not current Australian policy, but it would be an ethically proportionate, logical and rational way of making decisions about entry.

“On this basis, a good ethical reason for excluding Djokovic would be if the evidence of his positive test is called into question. There has been some suggestion in the media that Djokovic’s test date or result was altered. If this is corroborated, then he should be excluded both on the grounds of misleading/false information on entry, and on the basis that he potentially poses a higher risk of passing on coronavirus.

“In the court hearing today, Djokovic’s lawyer claimed that in fact the Australian government’s basis for cancelling Djokovic’s visa was none of these. The claim was that Djokovic’s presence in Australia would encourage those opposed to COVID vaccination. 

“If this is correct, it represents a profound and disquieting escalation in the blaming and shaming of those who decide not to vaccinate. 

“There are good reasons for governments like Australia to encourage COVID vaccination. There are also good reasons to call out, criticise, and limit vaccine misinformation. There might be a basis to deny (or cancel) a visa for someone who was actively spreading false and damaging information within the community. There are past examples of speakers inciting racial hatred or violence who have been justifiably barred from entry into a country. 

“But it is ethically dubious to be barring a sportsman from entering a country on the basis that he has in the past made statements discouraging vaccination. On the contrary, disproportionate and excessive actions like this provide oxygen to the anti-vaccination fire. They substantiate the claim that governments (in their desire to bring an end to the pandemic) will ride roughshod over civil liberties.

“It might be justified to stop Djokovic from playing in the Australian open and to send him home. But not for this reason.”

1 – Kojima N, Klausner JD. Protective immunity after recovery from SARS-CoV-2 infection. The Lancet Infectious Diseases 2022; 22(1): 12-4. https://www.thelancet.com/journals/laninf/article/PIIS1473-3099(21)00676-9/fulltext

Prof Julian Savulescu, Uehiro Chair in Practical Ethics, University of Oxford & member of the UK Pandemic Ethics Accelerator, said:

“The main ethical ground for ejecting Djokavic is if the evidence of infection in December is weak and he is therefore at higher risk of transmitting the virus to others. But if he’s been infected, natural immunity against a symptomatic infection is likely to be similar to vaccination, even with Omicron, at least compared to two doses (Australia’s current definition of fully vaccinated¹)². His ‘character’ or whether he travelled to Spain is ethically irrelevant. Claims that his presence might incite anti-vaccination should not be a ground for expulsion.

“More broadly, the rules Australia are applying seem overly restrictive. The vaccines are also limited at preventing transmission particularly for Omicron². Any threat he poses to others of still passing on a further infection during the Open could be removed by regular testing during the Open. He could play safely if authorities wanted to let him.”

1 – Australian Department of Home Affairs, COVID-19 and the Border, Vaccinated travellers https://covid19.homeaffairs.gov.au/vaccinated-travellers#toc-0

2 – ‘Report 49 – Growth, population distribution and immune escape of Omicron in England’ by Neil Ferguson et al. is a preprint published on 16 December 2021  https://www.imperial.ac.uk/mrc-global-infectious-disease-analysis/covid-19/report-49-Omicron/

All our previous output on this subject can be seen at this weblink:

www.sciencemediacentre.org/tag/covid-19

Declared interests

Prof Dominic Wilkinson: “No conflicts of interest.”

None others received.