Silence is Golden: Olympic Property Protection in the Age of Social Media

• Author: Jason R. Hoskins
• Position: J.D., 2017, Capital University Law School; B.A. Political Science, 2014, Marietta College. I want to thank my parents for their support throughout this process. This Comment is dedicated to all the athletes who make the Olympic Games what they are?the greatest spectacle in all sports. Thank you for inspiring me to get involved in the sport of ...
• Pages: 125-157

SILENCE IS GOLDEN: OLYMPIC PROPERTY PROTECTION IN THE AGE OF SOCIAL MEDIA JASON R. HOSKINS * I. I NTRODUCTION The 2016 Olympic Games in Rio de Janeiro, Brazil were the first Olympic Games to feel the full effect of the social media era. 1 Twitter reported that during the Games there were more than 187 million tweets about Olympic events. 2 Those tweets were seen both on and off Twitter— an estimated 75 billion times during the same period. 3 Similarly, Facebook reported that more than 277 million users interacted with “Olympic-related” content between August 5th and August 21st. 4 By contrast, NBC, the long-standing network producer of the Olympic Games, 5 reported 198 Copyright © 2018, Jason R. Hoskins. * J.D., 2017, Capital University Law School; B.A. Political Science, 2014, Marietta College. I want to thank my parents for their support throughout this process. This Comment is dedicated to all the athletes who make the Olympic Games what they are—the greatest spectacle in all sports. Thank you for inspiring me to get involved in the sport of Track and Field, as well as being an inspiration for this Comment. 1 Although the 2012 Olympic Games in London were popularly referred to as the social media Olympics, the 2016 Games in Rio saw an explosion in social media use centered around the event. See David Lee, London 2012: London Tweety12—The First Social Media Olympics , BBC NEWS (July 18, 2012), http://www.bbc.com/news/technology-18889406 [https://perma.cc/6M92-N9RQ]. 2 Elaine Filadelfo, The #Rio2016 Twitter Data Recap , TWITTER (Aug. 22, 2016), https://blog.twitter.com/official/en_us/a/2016/the-rio2016-twitter-data-recap.html [https://perma.cc/4ELE-M7QG]. The Olympic Games in Rio occurred August 5 through August 21, 2016. See id. 3 Id. 4 Kia Kokalitcheva, Michael Phelps Won Facebook Olympic Gold , FORTUNE (Aug. 22, 2016), http://fortune.com/2016/08/22/facebook-olympics-data/ [https://perma.cc/8LZQNCBU]. 5 NBC Olympics , NBC UNIVERSAL, http://www.nbcuniversal.com/business/nbc-olympics [https://perma.cc/67FV-FRH2]. NBC has produced every Summer Olympic Games since 1988 in Seoul, South Korea. Id. 126 CAPITAL UNIVERSITY LAW REVIEW [46:125 million television viewers of the Games. 6 Although NBC declared these ratings a success, 7 the numbers actually reflect a 17% drop in ratings from the 2012 Olympic Games in London. 8 The ratings drop experienced by NBC is representative of the growing “cord-cutting” trend popular with younger generations. 9 Millennials between the ages of twenty-four and thirty consume nearly 47% of their television content through non-traditional television platforms. 10 Meanwhile, those over the age of thirty still consume roughly 80% of their television content on an actual television. 11 With millennials now composing almost one-third of the U.S. population between the ages of fourteen and sixty-six, 12 it has become necessary for businesses and organizations alike to identify alternative channels of advertisement to reach those who have cut the cord. 13 Many companies have gone to great lengths to reach the younger generation that unplugged. 14 It has been estimated that U.S. companies spent $72.09 billion on digital advertising in 2016. 15 Many attribute this increase in spending to the popularity of event-based programming such as the Olympic Games. 16 However, while some are reaping the benefits that 6 Eric Deggans, NBC Declares Rio a Media Success Though TV Ratings Were Down , NPR (Aug. 23, 2016), http://www.npr.org/sections/thetorch/2016/08/23/491024790/nbc-declares-rio-a-media-success-though-tv-ratings-were-down [https://perma.cc/T6SC-FMG6]. 7 Id. 8 Kokalitcheva, supra note 4. 9 Mark Hughes, The Millennial Trends that Are Killing Cable , FORBES (Mar. 21, 2015), http://www.forbes.com/sites/markhughes/2015/03/21/the-millennial-trends-that-are-killing-cable/#1aec3f384f8f [https://perma.cc/NVJ6-VB3X]. 10 Id. 11 Id. 12 Id. 13 See Ahiza Garcia, NFL Thursday Night Football Livestream on Twitter Is a Hit , CNN (Sept. 15, 2016), http://money.cnn.com/2016/09/15/technology/nfl-twitter-thursday-night-football-reactions/ [https://perma.cc/YV76-DMNR]. In 2016, the NFL partnered with Twitter for the live broadcast of Thursday Night Football games to be aired on the site. Id . 14 See Brandon Katz, Digital Ad Spending Will Surpass TV Spending for the First Time in U.S. History , FORBES (Sept. 14, 2016), http://www.forbes.com/sites/brandonkatz/2016/09 /14/digital-ad-spending-will-surpass-tv-spending-for-the-first-time-in-u-s-history/#52f920c 56959 [https://perma.cc/RH4U-HHMT]. 15 Id. 16 Id . 2018] SILENCE IS GOLDEN 127 high-profile events like the Olympics provide, others are being shut out entirely. The Olympic Games are shrouded in protection, insulated from those wishing to advertise and profit from the event. 17 Companies spend an estimated $200 million for the right to call themselves an “Official Olympic Global Sponsor.” 18 This title comes with many privileges, including the ability to advertise during the Olympic Games and to use Olympic properties without the fear of penalty. 19 However, those who are unwilling or unable to afford to become an official sponsor are left off the advertising podium. 20 While millions of people are online discussing all that transpires during the Games, these companies must sit quietly and watch or face the consequences. 21 With social media becoming an increasingly popular way for younger generations to interact, those who oversee the Olympics have been left in the starting blocks trying to adjust their rules and laws accordingly. 22 Both United States law 23 and the international rules that govern the Olympic Games 24 have failed to adjust to the social media era. Because of this delay, companies that wish to join the social media craze are suffering, and more importantly, the athletes involved in the Olympic Games are suffering, too. 25 Part II of this Comment provides background and discusses the current mechanism for protecting Olympic Properties both in the United States and at the international level. Additionally, it examines 17 See Chris Chavez, What is Rule 40? The IOC’s Rule on Non-Olympic Sponsors, Explained , SPORTS ILLUSTRATED (July 25, 2016) http://www.si.com/olympics/2016/07/27/ rule-40-explained-2016-olympic-sponsorship-blackout-controversy [https://perma.cc/4AKR -7TL4]; Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. §§ 220501–220529 (2012). 18 Charles R. Taylor & John A. Murphy, Sponsorship and Advertising Trends in the 2016 Rio Olympic Games: Three Things to Watch For , FORBES (Aug. 4, 2016), http://www.forbes.com/sites/onmarketing/2016/08/04/sponsorship-and-advertising-trends-in-the-2016-rio-olympic-games-three-things-to-watch-for/#64cd55423eba [https://perma.cc/ JQ9G-GJST]. 19 See infra Section II.B.1. 20 See Chavez, supra note 17. 21 Id . 22 See Hughes, supra note 9. 23 36 U.S.C. §§ 220501–220529 (2012). 24 Infra Part IV. 25 Infra Part IV. 128 CAPITAL UNIVERSITY LAW REVIEW [46:125 the most recent attempt by the International Olympic Committee at creating a system that acknowledges the effect social media has had on the advertising landscape. Part III examines the issues of the current method under which Olympic Properties are protected in the United States, and the reasons a change in legislation is needed. Part IV discusses the issues created for athletes by the International Olympic Committee’s attempt at solving the social media problem, including the issues of enforcement facing the Committee. Finally, Part V of this comment concludes by calling for the International Olympic Committee to seriously consider changing its current social media policy to ensure that athletes are not adversely affected by outdated rules and laws. Throughout this Comment, the author has preserved the original British spelling of words that appear in primary Olympic documents and secondary sources. II. B ACKGROUND A. The Modern Olympic Movement The modern Olympic Games saw its revival in 1894. 26 One of the greatest challenges accompanying this revival concerned the organization and governance of those countries wishing to become a part of the Olympic Movement. 27 In response to this challenge, the International Olympic Committee (“IOC”) drafted the first Olympic Charter in 1908. 28 The original Olympic Charter and its subsequent revisions set forth the Principles, Rules, and Bye-Laws that the IOC abides by. 29 “It governs the organisation, actions and functioning of the Olympic Movement and establishes the conditions for the celebration of the Olympic Games. Among other things, it establishes the relations between the International Federations, National Olympic Committees and the Olympic Movement.” 30 26 The Organisation , OLYMPIC.ORG, https://www.olympic.org/about-ioc-institution [https://perma.cc/JP2A-3MPN] [hereinafter Olympic History ]. 27 Id. The Olympic Movement is composed of the athletes and countries that partake in the Olympic Games. Id. 28 Olympic Charter , OLYMPIC.ORG, www.olympic.org/olympic-studies-centre/collec tions/official-publications/olympic-charters [https://perma.cc/UE2Y-Z68L]. 29 Id. 30 Id. 2018] SILENCE IS GOLDEN 129 The modern Olympic Movement is structured into three main components. 31 The first component of the Movement is the IOC, which acts as the supreme authority. 32 Below the IOC are the various International Federations (IFs). 33 Each IF oversees a specific sport at the international level. 34 IFs provide governance, decide official rules for their respective sports, and oversee international competitions. 35 Finally, there are the National Olympic Committees (NOCs). 36 All member countries of the Olympic Movement are required to create and maintain an NOC. 37 NOCs are tasked with the mission to “develop, promote and protect the Olympic Movement in their respective countries, in accordance with the Olympic Charter.” 38 Shortly after the revival of the modern Olympic Games, the United States formed an unofficial...