Sport law and commercialisation

Question 1

What is sport legislation for injury?

Answer 1

Injuries that occur as not part of the sporting contest and involve a deliberate act by a participant to injure another are illegal.
e.g. dangerous tackle, punches.
Civil claims can be made, and to be successful, need to be proved that the act was outside the playing culture of the sport.

Question 2

What is sports legislation for violence?

Answer 2

NGBs usually deal with violence, but sometimes players may be prosecuted.
Supporters are always facing legal consequences for unacceptable behaviour, such as pitch invasion and attacks.

Question 3

What is sports legislation for contracts?

Answer 3

Contractual disputes are dealt through the law.
Performers are employees and so should have the same rights as other workers.
The Bosman ruling gave professional footballers the right to move freely to another employer at the end of their contract, without transfer fee or the club keeping their license.

Question 4

What is restraint of trade?

Answer 4

Action that interferes with free competition in a market.
This might involve a clause in contract which restricts a person’s right to carry out their profession.

Question 5

What is negligence?

Answer 5

Conduct that falls below a reasonable person standard and leads to a breach of the duty of care, which results in forseeable harm to another.
Officials have a duty of care to participants to ensure dangers around them are eliminated, so the environment is safe.

Question 6

What is sports legislation for officials negligence?

Answer 6

Negligence cases are brought against officials at a professional and amateur level.
In rugby, a referee was found liable for injuries sustained following a scrum collapsing.
The official was at fault due to allowing a number of scrums to collapse, and not following guidelines in doing so.

Question 7

What is the duty of care of coaches?

Answer 7

A legal obligation to eliminate all potential dangers and risks so the players can participate in a safe environment and not hurt unneccessarily.
E.g. a wet sports hall floor causing injury.

Question 8

What is coach responsibility of health and safety?

Answer 8

They should have access to first aid facilities and the means to contact emergency services.
They could be deemed liable if evidence shows normal standards weren’t followed.

Question 9

What is coach responsibility of protection from abuse?

Answer 9

Responsibility to protect children from emotional and physical abuse.
All organisations should have a policy statement and guidelines regarding abuse that the coach should adhere to.

Question 10

What is coach responsibility of supplements?

Answer 10

Coach have a legal and ethical responsibility to educate their athletes about drug use and abuse and provide general and appropriate advice on legal nutrition and supplements which can be used.

Question 11

What is coach responsibility in duty of care?

Answer 11

Keeping up to date contact details, medical details and attendance records.
Maintaining appropriate supervision ratios.
Ensuring that first aid provision is available.
Ensuring indviduals have a current DBS.
Ensuring they have undertaken appropriate risk assessments.
Act ‘in place of parent’.

Question 12

What are the sports legislation for spectators?

Answer 12

Cannot invade playing surfaces or use racist chants without risking prosecution under various public order acts.

Question 13

What measures have been introduced to try ensure safety and overcome hooliganism?

Answer 13

All seater stadia replace terraces.
Control of alcohol sales.
Specified kick-off times by the police.
Increased security and police presence.
Tougher deterrents.

Question 14

What acts have controlled fan behaviour?

Answer 14

Occupiers’ liability act 1957 - occupier of the premises owes a duty of care to their visitors.
Safety of sports grounds act 1975 - protects all spectators and all grounds in all sports.
Sporting events act 1985 - banned alcohol and sale of it at football matches.

Question 15

What later acts have controlled fan behaviour?

Answer 15

The football spectators act 1989 - allows bans on individuals who have offended.
The football offences act 1991 - prevents throwing missiles, chanting racist remarks, and trespassing onto the playing field.

Question 16

What is the golden triangle?

Answer 16

The media uses sport to gain viewers. The media is used by businesses and sponsors for advertising purposes, promoting the company and product.
Businesses pay the media for advertising time and space on TV and online, as well as performers to advertise their goods.
Sports are aware they need to be in the media to attract sponsorship, profile and appeal to the audience.

Question 17

What are the advantages of the golden triangle on elite sport?

Answer 17

Increased income to allow events to be televised.
Increased promotion to gain more fans and popularity.
Increased sponsorship and income to pay for advertising.
Sports are organised and funded, so improves their running.
Improved facilities benefit spectators and performers.

Question 18

What are the disadvantages of the golden triangle on elite sport?

Answer 18

Media reporting that focuses too much on the negatives.
The media and sponsors can dictate kick-off times and scheduling.
The media and sponsors can change the nature of the sport - breaks for advertising.
The media and sponsors only televise already popular sports.
Sponsors and media can be too demanding on performers and coaches to give interviews.
Sponsorship deals can increase pressure to win.

Question 19

What is the use of media in sport?

Answer 19

The media uses sport to gain viewers or readers, and to increase their income revenue.
For many, the information gained about sport is through the media.
TV transmits instant live images directly to large numbers of people.
Sports channels are used to increase subscribers willing to pay extra to watch a range of sports.

Question 20

What is ring-fencing?

Answer 20

A number of sporting events must be available for viewing on free-to access TV rather than satellite or subscription channels.
OFCOM provides regulations designed to protect this.
The list of ring-fenced sports has declined as satellite channels offer riches which the sporting authorities can’t refuse.

Question 21

What are the categories of events?

Answer 21

Category A must have live coverage via free-to-air channels e.g. FIFA world cup finals.
Category B events are those which can be shown on pay-per-view as long as there is sufficient secondary coverage via highlights packages on free-to-air TV stations.

Question 22

Why has ring-fencing continued?

Answer 22

To access the widest number and range of viewers.
To avoid restricting coverage to subscriptions available to only those who can afford them.
To increase geographical access to all viewers.
To enable viewing of events seen as part of sporting heritage and culture.
To enable access to events that should be freely available e.g. Olympics.

Question 23

What are the characteristics of sport most attractive to the media?

Answer 23

High levels of skill for viewers to watch through a competitive, well-matched competition.
Visually appealing and show excitement and aggression.
Easily understood with simple rule structures.
Event is easy to televise with a short timescale.
Nationally relevant with easily identifiable personalities and role models.

Question 24

Why are certain sports not shown on the media?

Answer 24

Badminton and table tennis are seen as less popular with the viewing public and have a limited target audience.
They are ‘less exciting’ and less entertaining, so makes it difficult to break into the male-dominated primetime slots, especially as there’s few well known personalities.
There is less commercial appeal to sponsors in sports with less coverage.

Question 25

What are the advantages of media coverage?

Answer 25

Increases the profile of sport and individuals in it.
Increased participation levels in a sport.
More variations of a sport are developed to make it ‘media friendly’, so more matches to watch.
Higher levels of income and financial gain through sponsors and commercial opportunities.
Increased standards of performance and behaviour.
Rule changes for more excitement and speed.

Question 26

What are the disadvantages of media coverage?

Answer 26

NGBs lose control to TV, traditional nature of sport is lost.
Media controls the location of events and kick-off times.
Inequalities of coverage.
Demands of media and sponsors negatively impact high level performers.
Media can over-sensationalise events.
A win at all cost attitude develops.
More breaks in play can disrupt the experiences.

Question 27

What do businesses do in sport?

Answer 27

Businesses use TV companies to promote and advertise their products.
Sports coverage attracts such vast audiences, so there is opportunity to reach large audiences.
Businesses support elite teams and performers by sponsorship, advertising contracts and product endorsements.

Question 28

Why is sport attractive to commercial enterprise?

Answer 28

Extensive media coverage.
Large audiences and viewing figures.
Links to high-profile sport.
Players are contracted to endorse products.
Offer extensive advertising, merchandising or sponsorship.
Winning is important as it creates a link to success.
The sport is media-friendly.

Question 29

What is commercialisation?

Answer 29

The treating of sport as a commodity, involving the buying and selling of assets, with the market as the driving force behind the sport.
Sports have become increasingly aware of their ability to make money from TV via the sale of their rights to the highest bidder.

Question 30

How does a company better itself financially through sport?

Answer 30

Increased sales and promotion of a product.
Increased brand awareness.
Improved company image linked to the healthy image of sport.
Opportunities to entertain clients via corporate hospitality.
Decreasing the amount of tax a company pays.

Question 31

What are the positive effects of sponsorship on performers?

Answer 31

Increased wages and extrinsic rewards.
Increased availability of professional contracts.
Performers are increasingly in the public eye and more well-known so need to maintain discipline and behaviour to protect a positive image.
Increased funding to pay for access to high quality training and equipment.

Question 32

What are the negative effects of sponsorship on performers?

Answer 32

Increased win-at-all cost attitudes to maintain benefits.
Increase in deviant behaviour due to increased pressure (drugs, overtraining).
Performers treated as commodities, sponsors become too demanding.
Inequality of funding means minority sport performers miss out.

Question 33

What are the reasons to consider when accepting a brand deal?

Answer 33

Elite performers are role models and strongly influential, so an association with alcohol is inappropriate, it doesn’t reflect the health and fitness nature of sport.
Performers have a social duty and need to consider the ethical nature to ensure it doesn’t affect their reputation, endangering future deals.
The amount of control a sponsor is potentially exerting on them.

Question 34

What are the counter reasons to consider when accepting a brand deal?

Answer 34

If a product is legal, the performer has the right to accept a sponsorship deal if they wish, no matter the nature.
It is unfair when there are financial considerations and livelihood at risk.
Performers do not ask to be role models, and if they don’t accept the deal, someone else will.

Question 35

What are the positive effects of commercialisation and sponsorship on the sport?

Answer 35

Increased funding improves facilities, equipment and coaching, and Talent ID.
Increased funding to provide technology and aid decision making.
Increased positive role models increases participation.
Increased spectator interest and involvement.
Increased number of events promotes sport.

Question 36

What are the negative effects of commercialisation and sponsorship on the sport?

Answer 36

May be over-reliant on funding and income.
Money goes to already popular sports.
Sport loses control - tickets to businesses instead of true fans.
Traditionalists might be against changes in sport.
The location of events might be influenced by commercial considerations.

Question 37

What are the positive effects of media and commercialisation on the coach?

Answer 37

Coaches gain a higher profile due to media coverage, increasing public awareness of their role.
Offers higher salaries.
Increased funding from sponsors is invested in the sport, so can improve their playing squads and facilities.
Can also analyse their opponents more through the media, and learn from others.

Question 38

What are the negative effects of media and commercialisation on the coach?

Answer 38

Under intense pressure to be successful.
High public expectation to produce results, and if not, managers are soon sacked.
The expectation to deal with the media can be difficult.
Inequalities of sponsorship mean coaches in low level clubs and sports find it harder to attract the best performers, so are finanically disadvantaged.

Question 39

What are the positive effects of media and commercialisation on the officials?

Answer 39

Increased profile increases public awareness of their important role in ensuring fairness.
Increase in salary and full-time job opportunities.
Increased funding to increase standard, can also learn from other officials.
Increased funding for technology to aid in decision making.

Question 40

What are the negative effects of media and commercialisation on the officials?

Answer 40

Increased pressure on officials to get decisions right.
Increased expectation to explain their decisions.
Risk of demotion or loss of job if a bad decision is highlighted in the media.
Technology not available at lower levels.
Too dependent on technology.

Question 41

What are the positive effects of media and commercialisation on the audience?

Answer 41

Higher standards.
Improved facilities.
Improved viewing experience - merch.
Increased access to watch sport.
Increased funding for technology at stadiums and at home.
Increased elimination of negatives - hooliganism.

Question 42

What are the positive effects of media and commercialisation on the audience - excitement?

Answer 42

Increased excitement while awaiting decisions from officials.
More variations of sport so alternative viewing experience.
Rule changes provide more interest and excitement.
Increased awareness of sport - role models.

Question 43

What are the negative effects of media and commercialisation on the audience?

Answer 43

Increased cost to watch sport.
Loss of traditional nature of sport.
Increased breaks in play for ads and decisions.
Fewer tickets available for fans.
Changes in kick off times to maximise viewing figures.
Minority sports have less coverage.
Links to player merchandise can be negative due to high cost and regular change.