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September 25, 2012

Pride and Prejudice: The Saga of Carriage Discrimination between the Tennis Channel and Comcast

By Shwethambara Mani Introduction In July 2012, the Federal Communications Commission (“Commission”) held Comcast Cable Communications, LLC (“Comcast”), the largest multi-channel video-programming distributor (“MVPD”) in the United States, liable for carriage discrimination against Tennis Channel. The Commission held that Comcast had given preferential treatment to its affiliates,...

By SLPC
September 15, 2012

All In: Legal status of Poker as a Game of Skill in light of DiCristina

By Seshank Shekar Introduction In June 2012, the New York Federal District Court convicted poker club owner Lawrence DiCristina on charges of operating and conspiracy to operate an illegal gambling business in violation of the U.S. Federal legislation The Illegal Gambling Business Act, 1970 (“IGBA”). DiCristina (The...

By SLPC
September 15, 2012

Crowded Out: Learnings from Hillsborough

By Abhinav Shrivastav Introduction The Hillsborough Stadium crush of 1989 (“Hillsborough Crush”) is a key moment in the history of sports arena construction and crowd management, as it led to the removal of standing terraces in all first division and second division football club stadiums and adoption...

By SLPC
August 31, 2012

Howzzat! Appeal Process in Sports

By Fatema Merchant Introduction The excitement and frenzy surrounding a sporting event is usually fuelled by contentious umpiring and referee decisions which may whip up mixed reactions depending on whose favour they are in. The referee and other officials presiding over a match more often than not...

By SLPC
August 31, 2012

What a Racket! Fair Play and the Olympic Games

By Nandan Kamath "The most important thing in life is not the triumph but the struggle. The essential thing is not to have conquered but to have fought well." Baron Pierre Coubertin, founder of the Modern Olympics. Introduction In the recently concluded London 2012 Olympic Games (“Games”), eight female...

By SLPC
August 25, 2012

In-Competition Dispute Resolution

By Roshan Gopalakrishna Introduction The ad-hoc division of the Court of Arbitration for Sport (CAS) was set up to operate from the venues of major sporting event such as the Olympics, Commonwealth Games etc. with the intention to expeditiously resolve the disputes arising during such games. According...

By SLPC
August 24, 2012

Taxing Times: Professional Athletes and Tax

By Seshank Shekar and Prabhjyot Chhabra Introduction Professional athletes or sportsmen are perhaps among the most mobile and high income individuals in the world today. The income earned or generated by such individuals is diverse and is spread across various jurisdictions. Apart from direct earnings related to...

By SLPC
July 25, 2012

Love-all: Indian Olympic Team Selections and Athlete Remedies

By Fatema Merchant Introduction An opportunity to represent the country at international sporting events is a highpoint in every athlete’s career. Athletes commit to training persistently for years in pursuance of this objective. In India, the Indian Olympic Association (“IOA”) performs the crucial function of finalizing athletes...

By SLPC
July 25, 2012

Player Selection Disputes: Comparative Legal Analysis

By Roshan Gopalakrishna Introduction One of the most challenging tasks for any national or international governing body of a sport is the development of fool proof criteria for team selection. However, a large part of the selection process comprises a subjective element that cannot be quantified. Therefore,...

By SLPC
July 10, 2012

Gender Determination in Sport

By Nandan Kamath Introduction Historically, female athletes and sportswomen have been subject to an assortment of discriminatory practises that have affected their ability to participate in sporting events. The very first modern Olympic Games organised in 1896 at Athens prohibited women from competing, which restriction was lifted...

By SLPC
July 6, 2012

Stumped! Breach of Endorsement Agreements

  By Seshank Shekar Introduction Personal brand endorsement agreements are an inherent part of the entertainment and sports industries. Brands spend millions in order to align themselves with a successful and attractive personality in the hope that such association will register a connection with potential customers. Most of...

By SLPC
June 22, 2012

A Comparative View of Organizers’ Liability for Player Injuries

By Nandan Kamath Introduction The inherent nature of sports tempts the participants to pursue excellence in their quest to reach the pinnacle. However, one of the major challenges faced by the athlete in such a pursuit is injuries. Injuries in sports mostly result from the risks indigenous...

By SLPC
June 15, 2012

Gridiron Games: Analysing the NFL Concussion Litigation

By Fatema Merchant "Football isn't a contact sport; it's a collision sport. Dancing is a contact sport." -Duffy Daughtery, former American football player and coach Introduction With an average team value of over 1 billion USD, the National Football League (“NFL”) is the most valuable sports business in the world....

By SLPC
May 25, 2012

Is a Minor Sportsman a ‘Public Figure’ under Privacy Law?

By Vidya Narayanswamy Case Review: Jonathan Spelman v. Express Newspapers ([2012] EWHC 239 (QB), [2012] EWHC 355 (QB)) Introduction  This case concerns the lifting of a privacy injunction awarded to Jonathan Spelman, a minor rugby player. A privacy injunction is an order from the court, in certain special...

By SLPC
May 25, 2012

TRAI’s Advertising Regulations and the Impact on Sports Broadcasters

By Nandan Kamath Introduction On 14 May 2012, the Telecom Regulatory Authority of India (“TRAI”) issued “Standards of Quality of Service (Duration of Advertisements in Television Channels) Regulations, 2012” (“Regulations”). These Regulations will come into effect upon due notification in the Official Gazette of India. TRAI has portrayed...

By SLPC
May 22, 2012

Autonomous Agreement on the Minimum Requirements for Professional Football Contracts

By Roshan Gopalakrishna Introduction In April 2012, the European Club Association (“ECA”), Union of European Football Associations (“UEFA”) in an observer role, European Professional Football Leagues (“EPFL”) and Federation Internationale de Footballeurs Professionels Division Europe (“FIFPro”) signed the Autonomous Agreement regarding the Minimum Requirements for Standard Player...

By SLPC
May 1, 2012

Associating with the London 2012 Summer Olympic Games: A Primer

By Vidya Narayanswamy & Fatema Merchant Introduction The Olympics, regarded as the mother of all sporting events, offers a colossal opportunity for commercial entities to associate themselves with it and capitalise on its immense popularity. The London Olympic Games and Paralympic Games Act 2006 (the “Act”) grants the...

By SLPC
April 27, 2012

‘Illicit Chanting’ and Strict Liability

By Roshan Gopalakrishna Introduction Chanting by fans, often referred to as the ‘12th man’, has been recognised as an integral part of sport and is often seen as entrenched in sports culture. Clubs and teams encourage fans to create an atmosphere that encourages the team they support,...

By SLPC
April 22, 2012

Liability under tort law for injury to co-participants

By Vidya Narayanswamy Introduction A question that most frequently visits sport is - who is responsible for injuries resulting from sporting accidents? The answer to this question lies in a branch of law known as “tort” law. Unlike other legal words such as “contract” and “crime”, tort...

By SLPC