Sporting Events Bill clears another legislative hurdle

Katy Bourne of Pinsent Masons was commenting as the Sporting Events Bill passed its second reading in the House of Commons on 3 September.

The bill, which was introduced to the House of Lords in May under the Starmer Labour government, aims to streamline existing regulations around sporting events either held wholly or partly in the UK. It proposes creating a UK-wide statutory framework to enable the government to deliver common binding guarantees required by rights holders for major international tournaments and other sporting events.

Previously, hosting UK sporting major events such as the London 2012 Summer Olympics and Paralympic Games required the government to introduce bespoke primary legislation to deliver commercial protections for rights holders. However, there have been concerns that this created a degree of uncertainty, leaving rights holders with limited legal assurances during bidding processes.

If passed, the bill proposes to make the UK ‘event ready’ by allowing event-specific provisions to be created via secondary legislation, which would make it significantly easier and quicker to get sporting events up and running across the UK.

The draft legislation also contains “event-agnostic” provisions, including introducing a number of trading and advertising restrictions and measures to combat ambush marketing. These provisions seek to tackle unauthorised ticket touting; restrict unauthorised advertising and trading around event venues; prohibit false claims of a commercial association with an event and establish common measures for transport planning and traffic management.

Under the proposals, these provisions will not apply automatically to specific sporting events but must be applied for by the Secretary of State, or, as in the case of the UK’s devolved nations, members of the Scottish parliament (MSPs), members of the Welsh Senedd (MSs), or members of the Northern Ireland Assembly (MLAs).

The bill also introduces new criminal offences for ticket touting – including on online platforms and digital marketplaces – advertising and trading linked to sporting events in unauthorised areas. The offences will be punishable by unlimited fines in England & Wales and Scotland, and by fines of up to £50,000 in Northern Ireland.

Bourne, a brand protection and creative rights expert, said the proposals would simplify the regulations around how sporting events are introduced, but warned that the introduction and enforcement of criminal offences for non-compliance could raise significant challenges for brands.

“The Sporting Events Bill will cut through the red tape of requiring bespoke primary legislation for world-class sporting events which can only be good news for sporting events organisers. However it could have drastic implications for brands who fail to comply,” she said. “The advertising offences outlined in the bill carry an unlimited fine on summary conviction in England and Wales and enforcement authorities are permitted to seize, conceal, deface or destroy any item suspected of being used to commit the advertising offence.”

The bill comprises two distinct regimes relevant to brands and rights holders: one governing physical advertising near to event venues, and another combatting ambush marketing. The draft legislation defines “advertising activity” broadly by design, capturing “anything done wholly or partly for the purpose of promoting a product, service or business specifically to members of the public” who are either in a restricted advertising zone; or watching or listening to a broadcast of the sporting event. The scope of the definitions is notably broad, encompassing billboards, promotional stunts, branded pop-ups and other related types of outdoor advertising.

The bill also includes a prohibition against “unauthorised association” to a sporting event. This appears to extend beyond traditional intellectual property law provisions by allowing the regulations to determine “what is, or is not, to be treated as the use of a representation in relation to the sporting event”; and which specific words, expressions or combination “must be taken into account in determining whether the prohibition on unauthorised association has been breached”. The draft regulations also cite examples of how the prohibition on unauthorised association could be infringed without using words, images or symbols protected by intellectual property laws.

Bourne said the proposals would likely be welcomed by event organisers, who increasingly face budgetary constraints to IP registration and are often required to adopt a pragmatic approach to trade mark protection for event names in relevant jurisdictions.

However, she urged brands to make themselves fully aware of any finalised trading and advertising restrictions once the bill has been passed to avoid falling foul. “This approach could be viewed as rather draconian for brands and can be addressed through civil remedies, such as injunctions, damages and account of profits,” she added.

Bourne also said the broad scope of some of the definitions and lack of clarity around restricted advertising zones also raised some questions. “Where the balance is tipped from leaning into a cultural sporting moment towards an unlawful association remains to be seen,” she said. “Equally the scale and duration of the restricted zones remain to be clarified and there’s presently no provision for compensation for media and brand owners whose contractual rights are overridden in the process. Both events organisers and brands will need further clarity to avoid pitfalls.”

This bill has now moved to the committee stage for review by the Public Bill Committee, which has launched a call for evidence ahead of scrutinising the draft legislation on 20 October. It is expected to report back to the House of Commons by 22 October.

The government has said it intends to use the framework to support the delivery of the UEFA Euro 2028 men’s football championship, and, if it’s successful in its bid, the 2035 FIFA Women’s World Cup. Euro 2028 is set to be hosted jointly by England, Wales, Scotland and the Republic of Ireland in June and July 2028.