INTRODUCTION Contributed by: Irwin A. Kishner, Daniel A. Etna and Maxim Nowak, Herrick, Feinstein LLP
more attention to being open and fair. Decisions that used to be only about sports are now also reviewed under administrative and human rights law. At the same time, protecting athletes’ health and well- being is now a main legal concern. Teams, leagues and federations’ duty of care, whether for injuries, mental health or protection from abuse, determines how the relevant stakeholders promulgate and enforce rules, train personnel and investigate and address com - plaints. The law is now used not only to punish, but also to prevent, future harm. Technology, Data and the Digital Sports Economy For the past several years, technology has been trans - forming sport and creating new legal challenges at a rapid rate. Data has become one of, if not the, most valuable assets in sport; it is collected, analysed and monetised at remarkable scale. These newfound rev - enue streams create complex questions about data ownership, player and fan consent, privacy and limits on how data can be ethically deployed. Artificial intelligence and analytics now play roles in advising ownership, management and players on coaching, scouting, training, major business deci - sions, refereeing and the fan experience. These tools make things more efficient and deliver new insights, but they also raise novel and complicated legal ques - tions. As these evolving technologies become increas - ingly integral and available to the sports industry, ongoing concerns regarding transparency and intel - lectual property will assuredly intensify. Broadcasting and media rights are still at the heart of sports business, but streaming and social media con - tinue to disrupt traditional, regional licensing models (such as local cable). Sports law now must adjust to a world where content is global, instant, constant and interactive. As a general matter, the sports industry continues on an upward growth path due in large part to competition for media rights. Regulation, Competition and the Role of the State As sports have become more important in the economy and culture, governments are more willing to regulate it directly. Competition and antitrust laws are a focus, featuring challenges to closed leagues, eligibility rules
and group sales. Courts and regulators must balance the unique aspects of sport with basic antitrust rules. Tax, immigration and funding likewise influence sports law. Big events prompt organisers and governments to discuss public costs, promises for the future and social effects. Environmental and green laws are now more important, mirroring society’s changing priorities. The role of government in sport does vary around the globe. Some jurisdictions let sports organisations govern themselves, and others regulate more actively. Lawyers working internationally need to be aware of these differences. Society, Politics and Sports The social role of sports is closely tied to its legal rules. Topics like gender equality, racial justice and free speech often arise. Women’s sports have grown quickly, causing discussions about investment, media Prominent competitions and platforms can be used to convey political values, highlight diplomatic strains and reflect public opinion, whether intentionally or otherwise. Sanctions spread beyond national teams to club sides, athletes and officials, raising challenging legal questions around responsibility, proportionality and due process. rights and pay disparities. Geopolitics and Sports These developments challenge the notion that sport is separate from politics. Sports organisations now must be mindful of various international rules, standards and business norms and requirements, while keeping governance clear and defensible across occasion - ally different legal schemes. Mishandling any of these issues can affect stakeholders’ access to competi - tions, contracts and opportunities. A Connected but Fragmented Legal Picture Taken together, these chapters show that sports law is simultaneously related and differentiated. While many stakeholders face comparable challenges, methodol - ogies for solving these challenges and their outcomes can vary widely because of differing laws and cultural norms. There simply is no singular set of rules or regu - lations that yield the same answer everywhere.
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