Q&A: Managing Player Misconduct in the Age of Social Media and Public Scrutiny

Your questions about preventing and punishing athletes’ bullying behavior answered.

As a sports organization, how do I prevent my athletes and other employees from crossing the line when they are on social media?

Most contracts include clauses outlining athlete behaviors that are or are not permissible, but these can be vague and open-ended. A growing number of teams and governing bodies are adding clauses specifically related to social media, for example barring posting during matches, training, and official events. The goal is not to stop social media activity, which is an essential tool for marketing and fan engagement, but to give athletes time to reflect before posting.

Are contract clauses enough to prevent bad behavior?

Not always. It is important to back up contractual clauses with a social media policy that sets out the specific rules of play and defines what constitutes gross misconduct — e.g., slurs against ethnic groups or the LGBTQ+ community — on personal and official team accounts. A growing number of organizations are also offering regular training workshops to underscore how athletes should behave on a daily basis to comply with the policies. It is a good idea to be proactive and set up a program that is comprehensive, clear, and memorable before being burned by rogue behavior.

What if these preventive measures don’t work and an incident occurs?

Organizations should give thought to what actions will be deemed serious enough to trigger an investigation and how to create accountability through appropriate punishments for misbehavior. Remedies can include fines, additional training, match suspensions, or firings, depending on the magnitude of the transgression. The hope is to avoid having a matter end up in court, which often leads to the worst outcomes for athletes and sports organizations alike in terms of publicity, reputation, and punishment.

For more on this topic, read “Managing Player Misconduct in the Age of Social Media and Public Scrutiny,” by Emma Richmond of Whitney Moore LLP (Dublin, Ireland). Richmond is a member of the Meritas Sports Law Group, consisting of international lawyers collaborating to serve the legal needs of governing bodies, clubs, teams, athletes, and companies in the global sports industry.