Hannah Clipston and Leon Deakin from Thomas Eggar LLP discuss social media and online brand protection – from the Sport and the Law Conference 2014.

1. Social Media
Online brand protection
Hannah Clipston and Leon Deakin
Thomas Eggar LLP
Sports Group

2. Defining Social Media
“Social media is the use of based and mobile technologies to create highly
interactive platforms via which individuals and communities share, create,
discuss and modify user generated content.”
Examples
• Blogging and Networking via users own website
• Networking sites – Facebook, Linkedin, Twitter
• Sharing sites – YouTube; Flickr; Pinterest, Google+
• Review sites, publications, third party blogs and the wikis – Wikipedia,
Blogspot, WordPress, Industry Forums

3. Some Stats…
Over 1 billion tweets are sent per week;
Facebook has approximately 31 million users
Twitter has an estimated 15 million users in the UK (Sept 2013)
with half of those users preferring to “read” rather than “post”
80% of Twitter users are active on mobile devices
Linkedin is responsible for 64% of visits to corporate websites from
any social media site
Pinterest has gone from 200,000 users to over 2 million (July 2013)
Up and coming for 2014 (13 -20 demographic) – Snapchat and
WhatsApp

4. Social Media Law?
• Malicious Communications Act 1988/Communications Act 2003
• Protection from Harassment Act 1997
• European Convention on Human Rights – Articles 8 and 10
• Breach of confidence
• Contempt of Court Act 1981
• Defamation Act 1996
• The Fraud Act 2006
• Data Protection Act 1998
• Advertising Standards Authority/ CAP Code
Don’t forget….
Intellectual Property issues

5. Where is the law going?
Interim Guidelines on Prosecuting Cases involving
Communications sent via Social Media
More latitude to offensive and satirical comment
• Paul Chambers v DPP 2012
Prosecutions only for communications that are more than
offensive, shocking, satirical or the expression of unpopular
or unfashionable opinion, even if distasteful to some
Civil cases: sanction for repeated publication of defamatory
statements on social networking sites
Human Rights Act 1998 (incorporating ECHR) – privacy and
confidence versus freedom of expression

6. Opportunity
Exposure for governing bodies (London 2012 was the first
‘twitter’ Games’)
Interaction with fans – online communities
Medium for supply of information – facts, fixtures, travel
information
Marketing the experience and brand

7. The Risks
When [social media is] done poorly it is a complete and utter
nightmare for those of us trying to manage and lead teams. It is
like giving a machine gun to a monkey.
Hugh Morris, Managing Director of the England and Wales Cricket
Board
#AskCarrick – PR disaster
Unfortunate tweets can affect personal and NGB sponsorship deals
Stephanie Rice
– “suck on that, fa**ots!” (lost sponsorship deal with Jaguar)
Steve Nash
– Wow! @usairways with the worst customer service”

8. The Risks
Sporting sanctions and disciplinary action at times necessary
• Kevin Pieterson
“man of the world cup dropped from the T20 side. It’s a f**k up”
“can somebody tell me how Nick Knight has worked his way into the
commentary box. “
• Azeem Rafiq
“a useless wa*ker”
• Ryan Babel
• Fined £10,000
• Breach of FA Rule E3 (1)

9. Protecting individuals
Sochi 2014 – Elise Christie
“It has been our experience that when asked, service providers
such as Twitter do act quickly in shutting down sites or
removing offensive content.[But] I do believe service providers
must be a part of the solution and probably could do more to
help keep these things from happening.”
BOA Darryl Seibel – February 2014

10. Managing the risks
Education
Solid guidance and policies in place
• Do not need to be long or complicated – clarity is key
• Link to disciplinary rules and disrepute clauses
• Reflect the rights of free speech
• specific policies for athletes, employees, members, coaches, child
protection, parents (parent from hell syndrome)
• Be aware what is being posted in the sport’s name
• Ensure trademarks/usernames registered
• Negative comments policy – PR v Legal

11. Some thoughts on education and policy
content
Do’s
Encourage the use of social media and encourage athletes to show personality
Everyone can see you (PAUSE AND THINK)
Be honest, accurate, professional and polite
Share sporting achievements
Engage with fans – avoid inflammatory topics
Promote the sport
Report other posts that cause concern (do not respond)
Make sure privacy settings are understood (Kevin Pieterson) and postings are
permanent

12. Some thoughts on policy content…
Don’ts
Talk negatively about competitors, other NGBs, other organisations
Comment on athlete injuries, team tactics, any information
confidential to the sport/team
Post during competition time
Post when you are emotional or angry
Give away personal info/locations (Serena Williams)
Provide inside information (Tennis Integrity Unit/Ekateria Bychkova)
Post or use the sport’s logo without consent
Post spam

13. Websites – Issues
Cookies and active consent
Data Protection and marketing
Compliance with DPA and Privacy and Electronic Communications Regulations
Must make it easy to refuse unsolicited material
Under the DPA:
Personal Data can only be used for specified purposes
Personal Data cannot be processed without consent
Personal Data cannot be kept for longer than necessary
Appropriate measures must be taken to safeguard personal data
Must register with the Information Commissioners Office
Failure to comply can lead to large fines
Put in place clear policies

14. Websites – Commercial considerations
Terms of use and privacy policies
If an NGB sells merchandise remember laws on:
Distance selling
e-commerce
consumer protection
Blogs/online chat rooms:
Liability for comments
Should have content standard
Remove offensive or potentially defamatory material
Copyright/Tradmarks/Keywords

15. Case Study
Case Study
Questions

16. Hannah Clipston
Partner
Tel: +44 (0)23 8083 1233
Email: hannah.clipston@thomaseggar.com
Leon Deakin
Senior Associate
Tel: +44 (0)23 8083 1233
Email: leon.deakin@thomaseggar.com
http://www.thomaseggar.com/legal-services/business/sectors/sport-and-leisure