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Touchline • Issue 16 • 9
Anti-ambushing laws are now a pre-requisite for a successful
bid for the likes of the FIFA World Cup, both the Winter and
Summer Olympic Games and the Commonwealth Games.
Much has been written on the success of the London Olympic
Games and Paralympic Games Acts of 2006; it is generally
seen as being a major event which was relatively ‘ambush
free’. The question arises whether governments should
be more flexible in their ability to deliver protections for
sponsors (such as ‘clean’ venues, rights of association, etc.)
rather than solely instituting one-off legislation which expires
upon the conclusion of the event.
This year, the Queensland Parliament, in preparation for
the Gold Coast 2018 Commonwealth Games, passed the
Commonwealth Games Arrangements (Brand Protection)
Amendment Act, which was given Royal Assent on 27 March
2013. Similar to the London 2012 legislation, it bans the
unauthorised use of specified references and images where
the purpose is commercial or promotional, or would suggest
a sponsorship-like arrangement with the Games. It also bans
conduct which would suggest a sponsor relationship with the
Games which does not exist, giving the authorities the power
to seize infringing materials. Yet the provisions it creates
automatically expire at the end of 2018 - thus leaving future
governments to deal with the same issues once again when
similar major events which are perceived to be meritorious of
protection come along.
Other governments have taken a more flexible approach.
In New Zealand, lessons were learned from a failed sub-
hosting bid with Australia for the 2003 RWC. The reason
behind it was the inability to provide clean, advertising-
free stadia, where Australia could. The Major Events
Management Act 2007 (the ‘Act’) was instituted to remedy
such problems for the future. The Act contains a host of
protections and enforcement mechanisms against ambush
marketing by association and invasion, as well as ticket
touting. In order to activate the provisions of the Act, the
Economic Development Minister, after consultation with the
Commerce and Sports Minister, declares that an event is to
be considered ‘major’. They must take into account whether
the event will: (1) attract a large number of international
participants or spectators and therefore generate significant
tourism opportunities for New Zealand; (2) significantly raise
New Zealand’s international profile; (3) require a high level
of profession management and co-ordination; (4) attract
significant sponsorship and international media coverage;
(5) attract large numbers of New Zealanders as participants
or spectators; and (6) offer substantial sporting, cultural,
social, economic, or other benefits for New Zealand or New
Zealanders. As a result of such forward-thinking legislation,
the 2011 RWC was sufficiently protected through this and its
related empowering legislation.
It remains to be seen whether the government of the United
Kingdom will follow a similar path in time to protect rugby’s
showpiece event in 2015. Initial reports stated that there
would be no legislative protections against ticket touting at
the next RWC - the Coalition Government citing the potential
strains on police. This approach seems at odds with a survey
released in June 2013 by the Sport and Recreation Alliance
which stated that half of the National Governing Bodies in
the UK believed that governments (both local and national)
were providing inadequate support for their efforts to stage
major sporting events. Still on the legislative agenda is
the proposed Major Events Bill - which has the potential to
pair the strength of the London Olympic protections with
the flexibility of the New Zealand legislation. Whether it
will be tabled is still unknown, with the failure to secure
the FIFA World Cup potentially dealing a fatal blow. If it is,
it will greatly assist the organisers in providing adequate
and attractive safeguards to sponsors. This is turn will
support their efforts in meeting their significant financial
commitments to the IRB - while staging, and ensuring the
future of what is, a world-class major event.
For more information:
Contact
DLA Piper UK LLP
T
+44 20 7796 6190
W
dlapiper.com/uk/