The Advertising Standards Authority (“ASA”) has issued its first ruling  under the new rules that prohibit gambling ads with “ strong appeal ” to under-18s, providing a useful example as to how the new rules will be applied. This article examines the implication of the decision for gambling operators and sports organisations. It delves into: Updated Gambling Ad Rules The Advert Ladbrokes’ Argument ASA’s Ruling Considerations for football clubs and their partners Key Takeaways AuthorMike Llewellyn Carlton Daniel Jack Wood ..read more

This article discusses a recent important decision1 by the Swiss Federal Supreme Court (“SFT”) which confirmed the validity of the CAS Anti-Doping Tribunal (“CAS ADD”) as a first-instance disciplinary tribunal in delegation by sports federations - and the subsequent appeal to the Court of Arbitration of Sport’s Appeals Division (“CAS”). AuthorDr Despina Mavromati ..read more

This article summarises the key cases from the Court of Arbitration for Sport (CAS) and the Swiss Federal Tribunal (SFT) in 2022 and goes onto to look ahead to what can be expected in to 2023: International sports dispute resolution from CAS and the SFT in 2022 Doping-related judgments Football ethics, disciplinary and qualification disputes Election disputes Other interesting CAS and SFT judgments Review of the jurisdiction of FIFA tribunals by the Swiss Federal Tribunal Limited scope of the pacta sunt servanda principle (agreements must be kept) SFT judgment in a defa ..read more

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The Honourable Delhi High Court (Court) in India, in the recent case of Head Digital Works Private Limited v. TicTok Skill Games Private Limited (Case)[1], was tasked with identifying whether the use of trademarks as keywords on online platforms would be considered violative of trademark rights. Keywords include words, expressions, symbols, or numbers used as search strings in an online search engine by users. For example, if a company sells furniture, the company would typically attempt to make sure that keywords like "bed", "couch", "table" and the like direct the seeker to the website of ..read more

The recent decision of the FA Independent Regulatory Commission (“Commission”) in The FA v Kynan Isaac attracted widespread media coverage owing to the length of the 11-and-a-half-year suspension handed down to the non-league football player who plays for Stratford Town FC. In addition to the length of the suspension (which is one of the longest handed down by a Regulatory Commission to a player), the decision is significant as it demonstrates the FA’s approach to circumstantial evidence in the context of match-fixing and gambling offences and illustrates the importance of players co-operati ..read more

The High Court of Australia in Fairfax Media Publications Pty Ltd v Voller1 considered who is a ‘publisher’ in the context of defamatory material posted on a social media website on the internet and in doing so, restated the long-established Australian common law position in Webb v Bloch.2 In Webb v Bloch, Isaacs J (referring to Folkard on Libel and Libel, 5th edition, [1891], 439) adopted the definition of ‘publication’ in the following words: "The term published is the proper and technical term to be used in the case of libel, without reference to the precise degree in which the defendant ..read more

It was recently announced that the long-standing dispute between Genius Sport and Sportradar has come to an end because the parties have now settled the case1. We wrote about this case at the start of 2021, wide eyed and eager to see how exclusive data rights arrangements would fare in the face of the competition claims, and whether rightsholders would continue to be able to rely on ticketing terms, rights of confidence, and the laws of trespass and conspiracy to protect the integrity of their exclusive rights deals against unofficial data scouts2. The terms of the settlement will remain con ..read more

The decision of an Appeal Board dismissing the FA’s appeal in the case of FA v Imran Louza1 is significant for three reasons: it provides useful guidance as to the application of the civil standard of proof in sports disciplinary cases; it serves as a good example of the appropriate threshold for an appeal where a (new) point of law is advanced; and, in the author’s opinion, it raises important issues about the responsibilities of the regulator in sports disciplinary cases. The factual background was simple and less dramatic than the issues discussed on appeal. The Watford and M ..read more

The World Anti-Doping Agency’s (WADA) Executive Committee approved the 2023 List of Prohibited Substances and Methods (Prohibited List) on 23 September 2022[1], which comes into force on 1 January 2023. This article details key changes to the Prohibited List with a focus on the addition of Tramadol and the decision for cannabis to remain on the list.  A full list of the changes can be viewed below the conclusion and on the WADA website.    AuthorXabier Lopez Hervas Rustam Sethna ..read more