Lawyer Monthly - October 2021 Edition

47 OCT 2021 | WWW.LAWYER-MONTHLY.COM WHY SOCIAL MEDIA DUE DILIGENCE IS ESSENTIAL TO SPORTS SPONSORSHIP and views that do not reflect the morals and values of the sponsor, and the negative publicity that this could result in may severely damage the brand’s reputation. As deals with the most sought-after stars can often cost millions to sign, ensuring that these checks are made can provide a vital means of safeguarding the investment, and those brands that choose to align with an individual with a chequered social media history run a greater risk of seeing the deal go sour and their revenues decline as a result. When sponsorship deals go bad. There have been many instances in which athletes have lost their sponsorship because of their social media activity, though some have received considerably more press attention than others. Barcelona forward Antoine Griezmann, for example, had his contract with Japanese video games developer Konami revoked when a Snapchat video from 2019 resurfaced in which he appeared to mock Asian hotel staff. More recently, bowler Ollie Robinson was suspended by the England and Wales Cricket Board [ECB] from international cricket duties as a result of historic tweets he had made containing racist and sexist overtones. This in turn called attention to other controversial tweets posted by fellow players, prompting the ECB to announce its intention of carrying out a social media review “to address any historical issues, remind individuals of their personal responsibilities going forward, and help them learn lessons along the way.” Other notable cases include Australian rugby league player Israel Folau, who was dropped by sponsor Asics in 2019 following a string of homophobic social media posts, and Olympic gold medal swimmer Stephanie Rice, who was relieved from her posts as a Jaguar spokesperson in light of a homophobic tweet she posted after beating South Africa in a tournament. In each case, the sponsor has been eager to distance itself from the media fallout as a means of reducing the damage to their brand. By remaining in partnership with the endorser in question, the sponsor is at risk of the public coming to associate the actions of the individual with the values of their brand, and with social media backlashes having become the norm, firms must be extra vigilant that they are in a position of strength for when things go awry. Besides ensuring that due diligence on social media is conducted, firms must formalise sponsorship agreements in writing, addressing all the relevant terms and conditions.