October 2011
@Twitter:
Should players be
trusted to tweet?
This report was prepared by Liz Ellen, an Associate in the Sports Group at Mishcon de Reya, as
a dissertation for a Masters in Sport Management & The Business of Football.
Contact
If you would like any further information or want to discuss an area of interest to you, please
contact Liz:
Liz Ellen
Associate, Sports Group
E [email protected]
T +44 20 7440 7456
IMPORTANT: This report takes a commercial and practical look at the issue of Twitter and
football, and is not intended to be a legal briefing. It is not intended as a statement of the law
and no action should be taken in reliance on it without specific legal advice.
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TABLE OF CONTENTS
INTRODUCTION....................................................................................................................................................... 4
What is Twitter?
Why is Twitter causing controversy in football?
Can Twitter benefit football?
What can be done to ease the strain between Twitter and football?
What does this dissertation seek to achieve?
LITERATURE REVIEW ............................................................................................................................................... 8
Growth of the Twittersphere
The value for business
The value for society
Social media in the workplace
Twitter policies
Twitter and the law
Twitter in sport
Summary
METHODOLOGY ....................................................................................................................................................15
A qualitative approach
Consideration of interviews
Case study strategy
Summary
RESULTS........................................................................................................................................................................18
Disciplinary offences in football
Breaches of the Football Association Rules
Breaches of Club Rules
Impact on image and brand of a player
Legal considerations
CONCLUSION ..........................................................................................................................................................33
A valuable asset to the game
A ban is not the solution
Trust players to tweet
Twitter guidance for clubs
Closing comments
BIBLIOGRAPHY..........................................................................................................................................................37
ENDNOTES
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INTRODUCTION
"The trouble with Twitter - the instantness of it –
means that too many twits might make a twat."
David Cameron, Prime Minister, July 2009
What is Twitter?
Twitter is a social media site – a ‘micro-blogging’ platform where users can post photos and text
messages of up to 140 characters at a time via their phone or the internet. It is free to join and
open to anyone. You ‘sign up’ to Twitter with a user name (e.g. @liz_ellen) and profile, which
can include a photo and up to 160 characters of text saying who you are. When you send a
message, known as a ‘tweet’, that message can be read by anyone looking at the site.
A Twitter user can choose to ‘follow’ other users. You might follow friends and family, but you
can also follow and send tweets to famous people, including politicians (e.g. @BarackObama),
pop stars (e.g. @ladygaga), actors (e.g. @tomhanks) and sportsmen (e.g. @tigerwoods). The
tweets of anyone you ‘follow’ will appear in real-time on your Twitter screen, and you can reply
to, quote or ‘re-tweet’ their message.
“Twitter is essentially a real-time distribution channel... [it] also has a strong ‘viral’ capacity,
1
with people redistributing significant and interesting links to content.”
Why is Twitter causing controversy in football?
Twitter has been the subject of much debate in English football over the past few months. It has
provided players with a novel and largely unrestrained method of communicating with the
public. Before the advent of social media, players were restricted to formal interviews, normally
sanctioned by their club, often in the presence of a club representative. Twitter allows players
to bypass press officers and journalists, and speak directly to fans wherever they are and
whatever they are doing. This has left the Football Association, leagues, clubs and managers with
a new disciplinary challenge.
Clubs and governing bodies have been left wondering how best to deal with the ‘tweets’ of
professional players, with some respected voices within the game calling for an outright ban.
Sam Allardyce, the experienced West Ham manager, was one such advocate:
"Ban it. It is uncontrollable. It just gives an opening for too much abuse. It's a great piece of
2
technology, but in most cases it gets people into far too much trouble.”
3
Manchester United manager, Sir Alex Ferguson, has made clear his disdain for the site :
"I don't understand it, to be honest with you. I don't know why anybody can be bothered
with that kind of stuff. How do you find the time to do that? There are a million things you
can do in your life without that. Get yourself down to the library and read a book. Seriously. It
is a waste of time.
"We as a club are looking at it [Twitter] because there can be issues attached to it. And we
don't want that."
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In January 2010, Manchester United reportedly closed down the social networking sites of its
4
players, including Twitter sites of Wayne Rooney, Ryan Giggs and Darren Fletcher . The club’s
5
website issued a statement to the following effect :
“The club wishes to make it clear that no Manchester United players maintain personal
profiles on social networking websites. Fans encountering any web pages purporting to be
written by United players should treat them with extreme scepticism. Any official news
relating to Manchester United or its players will be communicated via ManUtd.com.”
However, it appears that the club had underestimated the demand for player profiles on social
networking sites amongst fans as any ‘ban’ has since been lifted. Some of the Manchester United
6
players have since gone on to be ‘followed’ by over a million users on Twitter .
Whether or not a Twitter ban is justifiable or enforceable, clubs are right to be concerned over
the use of Twitter by their players. Joey Barton’s free transfer from Newcastle United to
Queens Park Rangers in August 2011 came on the back of a well-publicised Twitter dispute.
The incident is explained in full below, along with many other examples of player indiscretion
on Twitter which have led to disciplinary sanctions.
Can Twitter benefit football?
Whilst the troublesome comments on Twitter receive extensive media coverage, it would be
wrong to imply that Twitter is nothing more than a ‘problem’ for football. On the contrary,
there
are
undoubtedly
potential
benefits
of, and for,
players
stepping
out
of the
sterile
environment which often results from the carefully controlled public relations policy of clubs.
Rio Ferdinand, of Manchester United and England, is a player who has mastered the medium to
great personal advantage:
“The people who look after me told me about it and probably for about six months to a
year they were saying, listen, you’ve got to get involved in it. It’s a real good way of
interacting with fans and really shaping your image more than someone else shaping your
image for you and giving that perception out to people that isn’t really true. I get a better
7
response, even just walking to the shop, because people see that you are normal.”
Many other players are using Twitter to good effect. They are engaging with fans in a
constructive manner, improving their own image and developing their brand. It has even been
used by players for philanthropic aims, and to encourage debate on serious issues. Those
examples will be described below.
Given all the criticism levelled at modern players for being ‘out of touch’ with their fans, Twitter
offers players and fans a remarkable way of interacting. Neuropsychologist, Dr David Lewis
noted:
"In the old days, you would see your heroes down the pub or they would live in the same
street. Nowadays these people are so well off and hidden behind every conceivable kind of
barrier. Twitter is a way of getting near them, or having the illusion of getting near them and
how their minds are working, although sometimes it's not an illusion because they're quite
8
indiscreet in the things they say."
There is an argument for saying that players should be actively encouraged to use the site, for
the benefits it can bring to their clubs and to them as individuals. That will be considered further
below.
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What can be done to ease the strain between Twitter and football?
Twitter use is growing all the time, with over 100 million people worldwide now signed up to
the site. The players who are already on Twitter are no doubt encouraging their teammates to
join them, and we are likely to see the pool of professional players increase as the benefits of
the site are better understood.
The
immediate
issue for clubs
is how best
to
deal with
the
changing nature
of player
communications, and the loss of control that is brought about by Twitter. As a starting point,
clubs need to understand the medium, and be aware of the conventions and etiquette that
have developed amongst Twitter users. Clubs should be well informed about the site in order
to appreciate its pros and cons, and to give clear guidance to players about what they consider
to be the appropriate use of Twitter. The way in which clubs themselves engage with social
media is beyond the scope of this review, but will no doubt be the subject of research in the
sports marketing industry in the near future.
Whilst there has been much media comment about use of Twitter by footballers, this is an area
where clubs are still searching for a solution. It is apparent from the volume and nature of
Twitter ‘incidents’ that players need to be better informed of what they can and cannot say on
the site. This view is supported by comments from Alan Pardew, the Newcastle manager, who
suggested that regulation could come from the Premier League or from the Professional
Footballers’ Association. He acknowledged:
“The problem with Twitter is that we really need to get a hold of this. There’s nothing coming
9
down from above in the game to tell us how to deal with this.”
Gordon Taylor, Chief Executive of the Professional Footballers Association, agreed:
"It is not necessarily good enough to say it is 'no, we don't have it at all’. We really need to
10
get out heads round this issue and try to get a criteria that is comfortable for everyone."
What does this dissertation seek to achieve?
Over the past couple of years there have been numerous incidents where players have been
applauded, abused, criticised and disciplined over their use of Twitter. The reactions have come
from all sides – fans, media, clubs and governing bodies. However, at present there is no
consensus as to whether and how players should be restricted in their use of Twitter and other
similar websites.
The
purpose
of
this
dissertation
is
to
consider
the
issues
surrounding
Twitter
use
by
professional football players, and to try and identify the workable “criteria” referred to by
Gordon Taylor. By reviewing the history of Twitter ‘offences’, considering the legal restrictions,
and taking into account the practicalities of trying to regulate an online medium, this dissertation
will seek to propose appropriate guidance for clubs to help them manage their players’ use of
Twitter.
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This research paper is structured as follows:
1.
Introduction – a summary, explaining the tension between Twitter and football and the
relevance of this paper;
2.
Literature
review – a
review of the existing research
into social
media and the
workplace;
3.
Methodology – an explanation of how the research has been conducted for this
dissertation;
4.
Results – a case study of the Twitter incidents in football during 2011, and a legal
analysis of the issues involved in Twitter use;
5.
Conclusion – a summary of why players should be encouraged to embrace Twitter,
and guidance for clubs to help them manage the risks of their players being on the site.
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LITERATURE REVIEW
The use of social media in sport is a relatively new area of interest. It has attracted more
comment and analysis in the media and trade press than in academic studies, possibly because it
is such a novel topic. Most of the available literature focuses on social media as a tool for
business development, with little attention paid to the specificities of sport, and athletes as
brands.
The literature review will cover various topics which are ultimately relevant to the question of
what factors need to be considered when drafting a Twitter policy for football:
¾
It will start by exploring the rise of social media and the phenomenal growth and
development of Twitter over recent years, to understand the importance of the
medium in the context of accessibility, interaction and brand awareness;
¾
It will then consider the literature relating to employee use of Twitter, which will
provide useful pointers as to how businesses may seek to regulate Twitter use by staff;
¾
There will be a review of the Information Commissioner’s Office Twitter guidance to
see
what
issues it identifies as
being
the
most important
from a
Twitter policy
perspective;
¾
The review will glance at the legal pitfalls which Twitter has exposed, as these will serve
as a warning of another area of risk which any football Twitter policy should make
players aware of;
¾
Finally, the literature review will consider the position that some foreign sporting bodies
have already taken vis á vis social media use by athletes.
Growth of the Twittersphere
The first ‘tweet’ was sent on 21 March 2006 by Jack Dorsey, the creator of Twitter:
@jack: "just setting up my twttr"
The billionth tweet was sent just over three years later, and the 20 billionth tweet just one year
11
after that.
In 2007 the average number of tweets per day was 5,000, rising to 300,000 in 2008, 2.5 million
in 2009, and 35 million in 2010. As of June 2011, the number of tweets per day had reached
12
200 million, from just over 100 million users.
These statistics show the amazing growth of Twitter over the past five year. They also render
redundant much of the early literature on the use of Twitter. Books about Twitter were first
published in late 2008 when there were only around 2.4 million users of the site, and when
little-known sites such as ‘Plurk’ and ‘Pownce’ were considered genuine rivals to Twitter. The
environment has changed considerably since then, and it is no wonder that sport has been
somewhat caught out by the sudden rise of this social medium. Even Manchester United, the
13
most valuable brand in professional sport according to Forbes , admitted to having been “late
14
into social media and very worried about how to approach it as a football club."
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The value for business
There are a number of books about social media, mainly instructional literature, focussed on
how businesses can grow through engaging with customers via this modern medium. Books
such
as
Twitterville
(Shel
Israel),
Twitter
Means
Business
(Julio
Ojeda-Zapata),
Naked
Conversations (Robert Scoble and Shel Israel), and Blogging and Other Social Media (Newson
et al) all note the benefits of the new, interactive, informal social media methods that allows
companies to listen to and converse with consumers. The examples of Microsoft employees
using blogs, and Dell promoting special offers through Twitter, are cited to demonstrate the
way in which consumer interaction can change a negative perception of a business as well as
enhance product sales. It is perhaps no coincidence that these two computer technology
companies were amongst the first to embrace the potential of the medium.
One of the leading texts in the social media marketing arena is Qualman’s ‘Socialnomics’ book,
which refers to a paradigm shift taking place in socioeconomics as a result of the move to an
online, digital focus. Qualman argues that it is not sufficient for existing business models to
become digitised – they need to fully transform to address the impact and demands of social
media:
“Socialnomics is a massive socioeconomic shift. Yet, some of the core marketing and
business principals of the last few centuries will still apply; whilst other basic principals will
become as extinct as the companies that continue to try to force them on the unwilling
public. We are already seeing the economic potential of social media in its ability to reduce
inefficient marketing and middlemen.”
The value for society
Qualman’s review of the benefits of social media extends beyond the business environment. He
believes
that
the
behavioural
change
brought
about
by
micro-blogging
gives
rise
to
a
‘braggadocian’ culture, in which competition develops as to who is engaged with the most
interesting and exciting activity. He argues that this is a good thing for society because it
encourages people to do more productive things with their time. As he notes, it is far less
attractive to be seen to be tweeting about re-runs of a television programme from the sofa,
than it is to be tweeting from the mountain slopes on a spectacular ski trip.
The literature refers to the accessible nature of information disseminated through social media
sites. The information you upload is effectively open to anyone, and can be impossible to
retract. This undoubtedly causes problems (as will be seen in the disciplinary examples set out
below), but Qualman sees a social benefit in this very issue. Whilst the older generation live
their lives under multiple personas – work, family, social etc – the open and accessible nature of
blogging
means
that
“social
schizophrenia”
is
quickly
identifiable.
Qualman
recognises
the
downsides to “24 x 7 personal openness” but argues that “appropriate transparency is in sum a
good thing for individuals and society”.
This same point was noted by football pundit, Stan Collymore, who recently commenced a
debate on Twitter about racism in football. It led to him being sent a stream of abusive tweets
(including racial slurs), many of which he subsequently re-tweeted to his 100,000 followers in
order to shame the original senders. He then commented:
@StanCollymore: “I love twitter. Real people showing their true colours on any imaginable
subject. Uncomfortable, yes, but better seeing them than not.”
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Social media in the workplace
Acas (Advisory, Conciliation and Arbitration Service), the body which provides employee
relations advice to businesses, recently published a research report entitled, “Workplaces and
Social Networking, The Implications for Employment Relations” (the Acas Report). The research
was conducted by the Institute for Employment Studies.
In its literature review, the Acas Report noted that “the implications for managing employment
relations problems arising from use of social networking have not been explored”. This supports my
own general conclusions on the paucity of literature in this area.
As you might expect, one of the issues raised in the Acas Report was the extent to which social
media use affected productivity of employees. Whilst this is naturally a concern for employers in
office-based situations, this is unlikely to be of particular relevance within sport. Likewise, the
impact of an individual’s social media use on recruitment practices was another topic for
discussion which has greater relevance within office environments than in the football industry.
However, a player’s public image can affect his employment prospects in a roundabout way so
this will be considered below.
The Acas Report also looked at a topic which is highly applicable to the football scenario
considered by this dissertation, namely disciplinary action taken by employers in response to
Twitter postings of employees. It noted two broad examples of the type of posting that could
give rise to a disciplinary offence:
“The first is posting comments, videos or photos that reveal some form of work-related
misbehaviour, for example ‘tweeting’ about feigning illness or avoiding work. In these cases,
the issue centres less on the use of social media and more on the behaviour which the social
media has exposed. The second kind of usage involves using social media to express views
which employers do not wish to be connected with their organisation.”
In relation to this issue, Acas Report specifically referenced sporting examples, noting:
“there has been considerable attention given to sportsmen and women being disciplined for
comments
made
on
social
media,
particularly
Twitter.
For
example, former
Liverpool
footballer Ryan Babel was fined by the English Football Association for casting aspersions on
the integrity of referee Howard Webb by posting a doctored photograph of Webb in a
Manchester United shirt on Twitter.”
In considering what would be an appropriate response to work-related social media usage, the
Acas Report looked at three issues: legal, ethical and practical.
With regards to the legal implications, it was noted that this was far from straight-forward and
employers needed to take great care to ensure that they did not fall foul of employment
legislation when disciplining employees over online comments. Having an appropriate social
media policy in place would go some way to reducing the risks for employers.
Moving on to ethical considerations, the Acas Report discussed the “moral intensity” of online
comments. It distinguished between high and low moral intensity by giving the example of
deliberately
defamatory
comments
versus
‘venting’
of
work-related
frustrations.
Taking
disproportionate action against low moral intensity comments can lead to negative publicity. It
gave, as an example, Ryan Babel’s fine by The FA:
“The Professional Footballer Association’s response to the FA’s action against Ryan Babel
could be considered another example of this [disproportionate action]; the PFA’s chief
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executive, Gordon Taylor, accused the FA of lacking a sense of humour and over-reacting to
something that he claimed was meant as a joke.”
Another
aspect
of
the
‘ethics’
debate
centred
around
the
inevitable
tension
between
macrosocial norms (i.e. the right to free speech) and microsocial norms (i.e. appropriate
workplace behaviour). Any social media policy will seek to curb freedom of speech to some
degree, in order to set boundaries on what is acceptable behaviour by an employee:
“It is therefore potentially very important that organisations use social media policies as a
method for reconciling these competing positions.”
In drafting these policies, it is suggested that the most effective policies will come from
negotiations between employees and employers.
Twitter policies
The Information Commissioner’s Office
The Information Commissioner’s Office (the ICO) is an independent UK regulatory body which
oversees the protection of information and data privacy. The ICO took the decision in 2009 to
establish a presence on Twitter, and published a document explaining its objectives and risks. It
is worth summarising that ICO document because it provides a clear and detailed analysis of
how the body could benefit from joining Twitter, as well as consideration as to how the risks of
Twitter could be recognised and mitigated.
Its objectives were to:
¾
Extend reach of existing corporate messages online by building relationships with
relevant audiences including key influencers such as journalists and bloggers;
¾
Provide an informal ‘human’ voice of the organisation;
¾
Promote debate, provide thought leadership and credibility, increasing visibility as the
experts within the online space;
¾
Demonstrate
commitment
to
and
understanding
of
digital
channels
in
line
with
Government policy;
¾
Provide low-barrier methods for audience interaction;
¾
Provide ways for audiences to subscribe to updates;
¾
Monitor online mentions of the ICO, engage with critics and influencers to resolve
problems, correct factual inaccuracies, and amplify positive feedback;
¾
Provide live coverage of events, such as policy launches.
It noted the following risks:
¾
Criticism arising from an inability to meet the demands of Twitter users to join
conversations/answer questions;
¾
Criticism arising from perceptions that use of online media is out of keeping with the
ethos of the platforms (such as too formal/corporate, self-promoting or ‘dry’);
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¾
Content inappropriately published in error;
¾
Technical security and potential for hacking or vandalism;
¾
Technical lapses of, or changes to, the Twitter platform itself;
¾
Press Office and ICO staff commenting on ICO posts through their own personal
Twitter accounts.
The
ICO
document
provides
a
sensible
guide
to
use
of
Twitter
for
any
individual
or
organisation. The context will vary for different types of user, but the ICO has identified the allimportant questions of etiquette that any user should take into account, i.e. tone of voice,
variety and nature of content, re-tweeting messages of other users, choosing who to ‘follow’.
Twitter and the law
Legal information provider, Sweet & Maxwell, undertook a study for the year ending 31 May
2011, and found that ‘new media’ such as Twitter was the cause of an increasing number of
defamation cases. According to the report, there were sixteen reported defamation cases
15
issued at court during the year, up from seven during the previous year.
Chris Cairns
One of the cases involved New Zealand cricketer, Chris Cairns, who brought a defamation
claim against the Indian Premier League chairman, Lalit Modi, for suggesting that he was involved
in match fixing. The offending tweet, posted on 5 January 2010, said:
“Chris Cairns removed from the IPL auction list due to his past record in match fixing. This
was done by the Governing council Today. #ipl*”
Cairns claimed that the tweet stated that he was guilty of match fixing, and that he was seeking
vindication through the legal proceedings:
“I couldn't believe what he'd said. My initial reaction of shock turned into outrage. I'm proud
of what I have achieved in cricket and I am not going to have Modi or anyone else destroy
that…There is not any truth in any suggestion I have ever been associated with any type of
16
match-fixing.”
As a preliminary issue, the English High Court was asked to decide whether “a substantial tort
has been committed within the jurisdiction in relation to the Tweet”. That is to say, was the tweet
sufficiently serious to merit the legal action, and was the tweet ‘published’ (i.e. read) in this
country. If it was neither, then the claim would have been struck out for abuse of process.
The court noted that given the sensational nature of the allegation, the prominence of both
characters in the world of cricket and the topicality of the matter, the court could “infer that
publication in the jurisdiction was much greater than the estimated figures for followers who received
17
direct communication”. The claim was therefore allowed to continue in the High Court.
Eddie Talbot
A Welsh councillor, Colin Elsbury, was ordered to pay damages and his opponent’s legal costs,
after defaming his political rival, Eddie Talbot. Elsbury used his Twitter account to wrongly state
that Talbot had been removed by police from a polling station in 2009.
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The case came to court in March 2011, and following judgment Talbot’s lawyer said: “It is the
first case that I have heard of in Britain, but no doubt there will be more when people realise they
18
can sue for Twitter libel”.
These two cases are relevant because they show that where a professional footballer tweets
(or re-tweets) a defamatory message he could be publishing that message to a very wide
audience. This must not be taken lightly as being the subject of a civil action for defamation
could be
an
expensive and embarrassing
price to pay
for such a
short communication.
Furthermore, the international accessibility of Twitter means that a player could send a tweet
from this jurisdiction, but face legal action abroad if that tweet is ‘published’ in any other country
(depending on the applicable defamation laws in that country).
Twitter in sport
“Twitter’s dramatic growth over the past 12 months is due in large part to its adoption by
athletes and artists — who bring millions of passionate fans with them to the social web.
These celebrities create the lion’s share of the content that people want. They are the new
19
‘Prime Time’ in digital media.”
- Arnie Gullov-Singh, CEO, Adly, Inc.
Twitter in sport is at a more advanced stage of its development in the United States than in the
United Kingdom. Whilst the clubs and governing body of football in this country are still trying
to work out whether to embrace or reject Twitter, the major sports in the USA were setting
20
down their Twitter policies two years ago .
The way in which American sports have tackled the issue of Twitter use is an interesting
research topic in its own right. It is beyond the scope of the current dissertation to look at
American policies in any depth, but it is useful to note the example laid down by two of the
main sports – basketball and American football.
National Basketball Association (NBA)
The NBA, which has many active players on Twitter, released its social media guidelines in
September 2009. It banned the use “during games” of any mobile phone or other electronic
communications devices by players, coaches and other team personnel involved. “During
games” was defined as the period starting 45 minutes before the match began, and ending after
players and coaches have fulfilled their post-match media obligations. Many NBA teams have
extended the social media restriction to ban its use during anything regarded as “team time”, or
on any club property.
The NBA policy gave clarification that it would be treating social networking commentary in the
same way as any comments made via traditional media – i.e. participants could be sanctioned
for unacceptable tweets.
One NBA player, Brandon Jennings, was fined $7,500 for sending a tweet during the restricted
time period and breaching the NBA rules. It did not matter that the tweet was a positive,
excited message about the success of his team.
National Football League (NFL)
The NFL’s approach is stricter than the NBA, in that it prohibits use of social media platforms
from 90 minutes before kick-off through to completion of the post-match media obligations. It
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also extends the restriction to include not only players and coaches, but any third party
representing them, along with all football operations personnel.
Ladies Professional Golf Association (LPGA)
LPGA commissioner, Carolyn Bivens, took a different view to the use of ‘in-game’ Twitter.
Whilst the major US sports have all implemented a pre-match blackout period (National
Hockey League – 120 minutes, NFL – 90 minutes, NBA – 45 minutes, Major League Baseball –
30 minutes), Bivens believed that golf would benefit from Twitter updates from competitors
during rounds:
“I’d love it if players Twittered during the middle of a round. The new media is very
important to the growth of golf and we view it as a positive and a tool to be used… If we're
going to get out of the collared shirts and khaki pants and make golf chic, hip, happening,
Christina Kim [a Twitter user] is exactly the kind of player to reach out and make golf a lot
21
more relevant.”
Bivens was forced to back down from her initial statement due to a backlash from players who
did not support the proposal for tweeting during their rounds. In a clarificatory statement Bivens
said:
“While the LPGA does not support, nor has it ever encouraged, any kind of interaction with
social media during tournament play, we do believe social media is as important to golf as it
is to all sports. Our common challenge across sports is to leverage social media to engage
22
current and prospective fans, turning them into more avid fans and loyal advocates.”
FC Barcelona
The Spanish football giants, FC Barcelona, have embraced social media. They have a Facebook
page which is the most popular sports page globally, they have optimised their stadium to allow
better WiFi access for fans, and they run an engaging Twitter site. It is little surprise, therefore,
that they have taken an open-minded approach to Twitter use by players:
“We don’t like to restrict the use of Social Media. We just try to give all the information,
tools and support to all FC Barcelona employees, football players included, in order to be
23
aware of.”
The club has an educational strategy in place through which they seek to ensure that players
understand the magnitude of their tweets. The approach is designed to teach players to think
about what they are posting, and to understand the possible consequences of a ‘bad’ post.
Summary
From the literature review it is apparent that Twitter is potentially a valuable tool for business
and personal development, but that across all industries guidance is necessary to help employers
and employees know where the line is to be drawn on appropriate comments. As is strongly
expressed in the Acas Report, a clear policy can be to the benefit of both the employer and its
employees, from a legal, ethical and practical standpoint.
Nevertheless, there is no uniform policy in circulation that can be adopted by all businesses and
in all industries. The circumstances of each business will dictate what factors take prominence in
shaping any policy. Professional football in this country will therefore have its own specificities
which will need to be taken into account. The research conducted for this dissertation has
helped to identify some of those vagaries.
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METHODOLOGY
A qualitative approach
Given the subject matter of the dissertation, this is a topic that lends itself to qualitative research
methods rather than quantitative methods. As there is little by way of existing research in the
area, this report is necessarily exploratory in nature.
The purpose of the dissertation is to produce an original set of guidelines that clubs can
consider when drafting their own Twitter policy. These will draw from:
¾
¾
¾
my own legal knowledge;
my own experience of using Twitter; and
an understanding of the football/Twitter disciplinary scenarios.
My background as a lawyer and football agent gives me a good grounding from which to
develop sensible guidelines for use in football. I have been actively using Twitter since June 2011
in order to learn about the conventions and etiquette of the site, and in order to follow the
Twitter feeds of professional footballers including:
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
¾
Sammy Ameobi
Ryan Babel
Joey Barton
Darren Bent
John Carew
Anton Ferdinand
Rio Ferdinand
Marlon Harewood
Aaron Lennon
Michael Owen
Wayne Rooney
Danny Simpson
Jack Wilshere
Following the players gives you the best opportunity to learn how they use the site, what sort
of messages they send and how they deal with abuse. Another interesting aspect has been to
see how they respond to difficult situations which arise directly from footballing scenarios. For
example, what did Rio Ferdinand, Wayne Rooney and Michael Owen tweet after their team,
Manchester United, had suffered a 6-1 defeat at home to bitter rivals Manchester City?
Rio Ferdinand simply said:
“Huge disappointment on sunday....we will bounce back.”
Michael Owen made a number of comments on the result, including:
“Tough to take today where nothing went right. Hard enough playing top sides with 11 men.
Credit to City, they played well.”
“Still wouldn't swap our squad for any other in the league. We will dust ourselves down and
come back stronger.”
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“Lot to be said about the timing of certain fixtures too. First 10 games of the season we
were in top form. Lately we have not been ourselves.”
Wayne Rooney did not mention the result at all.
On a more controversial issue, involving an allegation that Chelsea captain, John Terry, used
racist language on the pitch to insult QPR player Anton Ferdinand, there has been no Twitter
comment whatsoever by the normally prolific tweeter Anton Ferdinand or his brother Rio. John
Terry’s England teammates have also stayed silent on the dispute.
Consideration of interviews
Much thought was given as to how best to gather the information needed to draft a workable
and legally valid policy. The initial intention was to interview relevant personnel within the game.
However, upon reviewing the wealth of media coverage that this topic has received it was
evident that such information was already available through recorded interviews on sites such as
the BBC and YouTube. Furthermore, there was a huge amount of information available online
in newspaper archives.
It was therefore decided that it would not be necessary to conduct interviews prior to drafting
the guidelines. It would be useful to discuss the proposed guidelines with the clubs or the
governing bodies as a follow up task, but that is beyond the scope of this piece of work.
Case study strategy
In order to understand the football/Twitter disciplinary scenarios it was important to do a
comprehensive review of the situations where clubs or the FA have sanctioned a player for
breach of the rules by comments made on Twitter.
This was achieved by treating each publicly available disciplinary offence as a mini-case study,
and considering for each the questions of:
¾
¾
¾
What was the Twitter comment?
What rule was being breached?
What was the sanction?
The case selection method was to cover all reported disciplinary offences from professional
football which have involved a player’s comment on Twitter during the year 2011. This
timeframe provided enough instances of breach with reference to which the guidelines can be
drafted. Multiple cases were used because the precedent set by each individual example will be
useful in identifying the likely outcome in future scenarios (i.e. the type of replication logic
referred to by Yin (2009)).
This inductive case study approach adopts Eisenhardt’s framework for theory building (Building
Theories From Case Study Research, Eisenhardt, 1989), in that it involves within-case analysis
and cross-case pattern searching to shape a hypothesis. Because of the small scale of the cases,
it was not appropriate to use the type of formal case study protocol for framing the research
and collecting data that has been recommended by Yin (1994).
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Summary
This is an important topic for football clubs and governing bodies to grasp, and an area that is
ripe for research and development. It is hoped that this dissertation will provide a useful starting
point for future debate and possible introduction of a uniform policy for the game at a
professional level. However, the subject matter does not lend itself to more conventional
academic research, given that it is based on such a fast-changing social networking phenomenon,
which is better covered by the sports news press and online blogs rather than academic
literature.
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RESULTS
Disciplinary offences in football
Twitter can give rise to a multitude of ‘offences’. A tweet could be in breach of FA rules, it
could breach club rules, it could even leave the writer open to criminal or civil liability – all in
140 characters or less.
So far as can be seen from the research, no player has yet been the subject of legal action for
their twittering, but there have been many cases where disciplinary action has nonetheless
resulted. Set out below is a cross-section of cases where players have breached, or potentially
breached, club or FA rules and regulations in 2011.
Breaches of the Football Association Rules
The Rules & Regulations of the Football Association make no specific mention of social media,
but wayward comments on Twitter will nonetheless be caught by the ‘general behaviour’
provisions of Rule E3, which states:
3 (1) A Participant shall at all times act in the best interests of the game and shall not act
in any manner which is improper or brings the game into disrepute or use any one, or a
combination of, violent conduct, serious foul play, threatening, abusive, indecent or insulting
words or behaviour.
The FA has the right to take action against any player who breaches this rule, with any such
breach being an act of misconduct under Rule E1. However, given the broad and unspecific
wording of Rule E3, it is more than likely that players will sometimes struggle to understand
whether their conduct could fall foul of the rule.
It is easy for a player to appreciate that what is said or done whilst on club duty (i.e. on the
pitch, in pre- or post-match interviews) could lead to a breach of Rule E3. It is less easy to
reconcile a throw-away comment ‘tweeted’ from the privacy of the player’s home with an act
of misconduct that could lead to the player being disciplined by the FA.
There have been three high profile examples of Premier League players being fined by the FA
this year for comments made on Twitter.
Ryan Babel
The former Liverpool forward, Ryan Babel, became the first player to grab the attention of the
FA’s disciplinary
team when he
criticised referee Howard Webb after a
game
between
Manchester United and Liverpool. In January 2011, Babel posted a mocked-up picture of Webb
in a Manchester United shirt, and tweeted:
“And they call him one of the best referees? That's a joke. SMH [an abbreviation for
‘shaking my head’]”.
Although the tweet appeared to be a ‘tongue in cheek’ remark, the implied allegation of bias on
the part of the referee was deemed to be a breach of Rule E3, despite the player’s subsequent
tweet:
"Sorry Howard Webb. My apology if they take my posted pic seriously. This is just an
emotional reaction after losing an important game."
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The FA fined Babel £10,000 and warned him as to his future conduct. In his summing up, the
Regulatory Commission Chairman, Roger Burden, said:
“Social network sites, like Twitter, must be regarded as being in the public domain and all
participants need to be aware, in the same way as if making a public statement in other
forms of media, that any comments would be transmitted to a wider audience. It is their
24
responsibility to ensure only appropriate comments are used.”
Ryan Babel has continued to use Twitter, and has nearly 300,000 followers on his @RyanBabel
account.
Following the widely-publicised Babel incident, the FA recognised the need to provide some
sort of clarification as to the effect of Rule E3 on comments released through social media. The
FA released the following statement in February 2011:
“The FA has issued clarification to participants relating to the use of social networking sites,
including, but not limited to Twitter, Facebook and internet blogs.
Participants should be aware that comments made on such sites may be considered public
comment, and that further to FA Rule E3, any comments which are deemed improper, bring
the game into disrepute, or are threatening, abusive, indecent or insulting may lead to
disciplinary action.
Comments which are personal in nature or could be construed as offensive, use foul
language or contain direct or indirect threats aimed at other participants are likely to be
considered improper.
Participants are required to act in the best interests of the game at all times and should be
aware of this when using social networking websites. Furthermore, participants are reminded
that postings on social networking sites which they believe to be visible to a limited number
of selected people may still end up in the public domain and consequently, care should be
exercised with regards to the contents of such postings.
In addition, we would remind participants that social networking postings could also lead to
25
civil proceedings being brought by affected parties.”
Carlton Cole
West Ham and England striker, Carlton Cole, was disciplined by the FA after admitting a charge
of improper conduct for comments made on Twitter during the England versus Ghana friendly
in April 2011.
‘@Carlton9Cole’ had tweeted:
“Immigration has surrounded the Wembley premises! I knew it was a trap! Hahahaha”;
“The only way to get out safely is to wear an England jersey and paint your face w/ the St.
George’s flag!”
After receiving some negatives responses, Cole tried to appease the situation by tweeting:
“To my ghanian brothers dont take it so seriously, its just jokes! Youve played well! Done
africa proud!”
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Despite Cole’s protestations that the comments were only meant as light-hearted humour, the
FA fined him £20,000 and warned him as to his future conduct.
Cole
has
since
stopped
using
his
@Carlton9Cole
account,
instead
replacing
it
with
‘@CarltonColePFA’, a page run by the Professional Footballers’ Association on behalf of the
player. The new page is an impersonal stream of links to articles from the PFA’s own website or
other news outlets. It is clearly not a Twitter account that is used by Cole himself, and the lack
of a ‘personal touch’ in the tweets is reflected in the fact that the account has only 1,600
followers, compared to the 45,000 that Cole had amassed when tweeting himself.
Cole was represented at his FA hearing by the PFA, who released the following statement to its
players after the hearing, warning about the use of Twitter:
“This case, along with the recent Ryan Babel case, highlights the need for players to be
vigilant when using social media. It is ironic that at a time when players are accused of being
distant and out of touch with supporters that attempts to communicate can bear such
potential sanctions.
"The PFA holds the view that whilst the use of social media, such as Twitter and Facebook,
can be useful and an inevitable communication vehicle in these times, clear guidelines need
to be applied. We would advise players not to stop tweeting but to bear in mind that this is
not an intimate private conversation but a medium open to a potentially wide audience.
“A useful point to consider in posting tweets might be whether you would be comfortable in
being so open with a journalist either from written or news media. It is also worth bearing in
mind that something that may appear humorous or harmless when spoken can take on a
26
totally different dimension when put down in print.”
Danny Gabbidon
Former
West
Ham
United
defender,
Danny
Gabbidon,
became
the
next
player
to
be
sanctioned for his use of Twitter following an outburst made in April 2011. Had he considered
the PFA’s advice of ‘would you say this to the press’, he may not have pressed send on this
tweet:
"U know what, f*** the lot of you, u will never get another tweet from me again, you just
don't get it do you. Bye bye."
Gabbidon’s tweet was a reaction to criticism and abuse levelled at him on Twitter. He closed
his @DGabsey account immediately after the incident, but was charged with improper conduct
27
and fined £6,000 by The FA.
Wayne Rooney
The Manchester United and England striker, Wayne Rooney, escaped with a reprimand and
28
warning from the FA after an exchange with a Liverpool fan.
Rooney’s spokesman dismissed
the exchange as mere “banter” but the tweets appear fairly aggressive and confrontational
when read:
"I'll put u asleep within 10 seconds u little girl. Don't say stuff and not follow up on it. I'll be
waiting";
"I will put u asleep within 10 seconds hope u turn up if u don't gonna tell everyone ur scared
u little nit. I'll be waiting."
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Queens Park Rangers
Three Queens Park Rangers players escaped any form of sanction from the FA despite making
comments
which
were
“personal in
nature”,
“could
be
construed
as
offensive”,
used
“foul
language” and contained “direct or indirect threats” aimed at another player (to take wording
from the FA’s own clarificatory statement).
The QPR players were tweeting in January 2011 in the aftermath of an FA Cup match against
Blackburn Rovers. An opponent, El Hadji Diouf, was accused of abusing a QPR player who was
29
down injured with a broken leg. The players responded as follows :
Bradley Orr: "Never come across a more repulsive human being than E H Diouf! The things
he was saying were disgusting! The lad has just broken his leg! You horrible disgusting man E
H Diouf! Your time will come!"
Paddy Kenny: "So gutted for the boy Mackie, football can be horrible sometimes, and that
c*** diouf will get it one day, what goes around comes around."
Clint Hill: “That c*** will get what's coming to him!!!!' 'Sewer rat pretty much sums that
c*** right up!!!!”
The fact that these tweets came prior to the FA’s clarification statement may have spared the
players from being charged. They do, however, highlight the need for firm guidance on this issue
as these tweets appear to be more threatening and offensive than the tweets which led to fines
for Babel, Cole and Gabbidon.
It is also worth considering the effect that these tweets could have if any of the QPR players
were to come up against Diouf in a future incident on the football pitch. Orr, Kenny and Hill
have put themselves in a position where their ‘threats’ could potentially be used against them to
show pre-meditation if they were to injure Diouf in a bad tackle. At the very least, their
comments have potentially raised the temperature of any future encounter.
Ismael Miller
Nottingham Forest striker, Ismael Miller, is the latest player to be charged with a breach of Rule
E3. After a match in October 2011, Miller tweeted:
“Listen I don't wanna here anything bout I didn't look interested! Everyone can f*** off in
don't like it don't follow me!!!!!!!!!!!”
He later removed the comment and apologised to his followers:
“I apologise to the fans for my language u hav welcomed me, but I heard one fan say I was
passion less dats so far from being me I apologise.”
However, the original tweet had already been noted by the FA. Miller accepted that his
comments constituted improper conduct and/or bringing the game into disrepute, and now
30
awaits a hearing to see what his punishment will be.
Miller’s club have responded to the incident by reportedly banning its players from talking about
the club on Twitter, but this seems to be a broad-brush approach which does not really solve
the problem. Miller’s tweet was not about the club, but a reaction to criticism from a fan.
Nottingham Forest manager, Steve Cotterill, has apparently imposed a £1,000 per word penalty
on any player who breaches the new rule, adopting a policy in place at his previous club:
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“I had a rule at Portsmouth that no players could use Twitter or Facebook to talk about the
club, team-mates or fans. Otherwise they got fined £1,000-a-word. None of them ended up
putting over £1,000. If someone wants to write a nice paragraph, 20 words in it will cost
31
them about £20,000 – so I don’t anticipate it happening again.”
Breaches of Club Rules
All Premier League and Football League playing contracts will contain the following clause (or
something substantially similar) regarding a player’s behaviour:
The Player agrees to observe the Rules of the Club at all times. The Club and the Player shall
observe and be subject to the Rules of The Football Association and either the Rules of The
FA Premier League or the Regulations of The Football League as appropriate. In the case of
conflict such Rules and Regulations shall take precedence over this Agreement and over
Rules of the Club.
In effect, any breach of the FA Rules is also a breach of the playing contract entered into
between club and player. Additionally, the Premier League contract contains the following
32
clause :
The Player agrees that he shall not knowingly or recklessly do write or say anything or omit
to do anything which is likely to bring the Club or the game of football into disrepute cause
the Player or the Club to be in breach of the Rules or cause damage to the Club or its
officers or employees or any match official. Whenever circumstances permit the Player shall
give to the Club reasonable notice of his intention to make any contributions to the public
media in order to allow representations to be made to him on behalf of the Club if it so
desires.
The suggestion that a player should give 'reasonable notice' to his club prior to making any
public statements raises a further question of whether this rule practically prevents players from
using Twitter. It is not known whether clubs are relying on this part of the rule when disciplining
players, or on the earlier part in relation to 'damage'. The concept of ‘causing damage’ to the
Club can reasonably be split into two categories – reputational damage and ‘tactical’ damage.
However, the wording of the clause is unhelpfully vague for the purposes of telling players
where the line is drawn. This will be addressed further below.
In the meantime, it is useful to review the publicised incidents where comments by players on
Twitter have led to investigation or sanction by their club. These examples provide the best
insight as to what types of comment can be seen as ‘causing damage’.
Reputational damage
Jose Enrique
The former Newcastle defender, Jose Enrique, challenged the Newcastle owners on Twitter
prior to his move to Liverpool FC in the summer of 2011. In a pre-cursor to the Joey Barton
incident referred to below, Enrique expressed his frustrations over contract negotiations and a
perceived lack of ambition by the club with the following:
"The club is allowing all the major players of the team to go. Seriously, do you think it is the
fault of the players? Andy [Carroll], nobby [Kevin Nolan] etc etc. This club will never again
fight to be among the top six again with this policy."
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According to newspaper reports, the comment infuriated the club’s owner, who imposed the
33
maximum two-week fine on the player . The club would have been entitled to discipline the
player for breach of contract, given that the remark could be viewed as ‘causing damage to the
Club or its officers’. An article in the Guardian summed up the effect of Enrique’s tweet:
“Enrique has been disrespectful to the club, he has been disrespectful to new signings Yohan
Cabaye, Demba Ba and Sylvain Marveaux and as popular as he is, that was a mistake.
“Whether he had said it on Twitter or an interview with a newspaper, the impact was the
same. He has attracted unwanted attention to a club which does soap operas better than
most.
“He has given the rest of the country a stick to beat Newcastle with, he has made others
34
laugh at a mess he has created.”
Joey Barton
Joey Barton, 28 years old, capped for the English national team, and with a year still to run on
his contract with Newcastle, was allowed to leave the club on a free transfer in August 2011.
35
He had been voted Newcastle Player of the Season for 2010/2011
but shortly after criticising
the Newcastle board on Twitter, Barton was reportedly fined two weeks’ wages, made to train
alone, and placed on the transfer list.
Such was the apparent acrimony between the owners and the player, Barton was allowed to
leave for QPR on a free transfer, the club forgoing its right to a fee. The public comments which
led to this state of affairs were tweeted over 31 July and 1 August 2011:
“If only we as players could tell the fans exactly how it is, without them above fining us lots
of money. There will be a time and a place.” [This was a reference to Enrique’s fine]
“If it wouldn't effect team morale and cause unrest within the dressing room, am certain
Jose's comments would be the tip of the iceberg.....”
“And again it would be left to those magnificent fans to pick up the remnants of their once
great football club. #hadenoughofcertainpeople”
“If I wanted to leave, I'd just come out and say "I want to leave" Things need addressing as
am not prepared to go through a relegation again”
“Somewhere in those high echelons of NUFC, they have decided, I am persona non grata.”
“I am on a free but the honour of wearing those B+W stripes, surpasses that”
“One day the board might realise, what the shirt signifies. HONOUR and PRIDE. Thanks for
your continued support........... #toonarmy”
36
The Newcastle manager, Alan Pardew, said at the time :
"Maybe if it wasn't for Twitter and this instant media it may have got resolved on Monday
morning with me and Joey in my office, and I think that probably would have happened."
Nathan Eccleston
Nathan Eccleston is a young Liverpool FC striker who was disciplined by his club for a tweet
made about the 9/11 terrorist attacks. On 11 September 2011 he tweeted:
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October 2011
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© Liz Ellen, Mishcon de Reya
"I ain't going to say attack don't let the media make u believe that was terrorist that did it.
#OTIS [Only the illuminati succeed]",
He removed the comment later that day but when you have thousands of followers (Eccleston
now has over 41,000), it is inevitable that a controversial tweet is picked up regardless of
whether you subsequently delete it from your own Twitter feed.
He later tweeted:
“If you don't like what I have to say un follow me!!”;
“Some things get took way out of context...".
Unfortunately for Eccleston, his club took a different view on the comment and released a
statement:
“The club takes this matter extremely seriously and senior club officials have informed
Nathan
Eccleston
that
we
are
undertaking
an
investigation
into
the
circumstances
surrounding these postings and will decide on an appropriate course of action."
It is understood that Eccleston was highly embarrassed at the reaction which his tweet had
elicited, and that he was quick to apologise when he realised that the comment had not come
across as intended. The club has not announced whether any further disciplinary action was
taken against the player, but it would potentially have been entitled to take action for breach of
contract on the basis that the comment could ‘cause damage to the Club’ if Eccleston’s view
was associated with Liverpool FC.
Unlike many of the tweets which have caused problems for players, Eccleston’s comment was
nothing to do with football. It was a young player expressing a view on a topic (and at a time)
that was particularly sensitive given that it was the tenth anniversary of the 9/11 attacks.
However, this incident is a clear example of the additional care and responsibility that players
have to show when using a medium such as Twitter. His Twitter profile identifies him as a
“Professional Footballer For Liverpool fc” and his profile picture was one of him in his Liverpool kit
(although this has since changed). Therefore, Eccleston, needs to understand that he is, to some
extent, a representative of his club on Twitter, and he cannot make comments which would be
seen as abhorrent by his club.
Simon Rutherford of Cubaka:Social, a social media agency, noted:
"Clubs need to behave like brands and put proper governance in place to dictate how the
players - their employees – behave. The club has a reputation to protect and in this case,
with American owners, there needs to be an understanding of what you can and cannot say.
The player's bio says that he is a footballer for Liverpool so that is why he gets so many
followers, He therefore has a duty towards them in what he says …even if they hit the
delete button, as he did in this case, someone will have a screenshot and it will be all over
37
the internet.”
Marvin Morgan
The risks of Twitter apply to players at all levels of the professional game, as was discovered by
Aldershot striker Marvin Morgan in January 2011. After being booed by fans during a match,
Morgan tweeted:
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October 2011
24
© Liz Ellen, Mishcon de Reya
“Like to thank the fans who booed me off the pitch. Where’s that going to get you! I hope
you all die.”
The club reacted quickly to the comments:
“We have been made aware of comments allegedly made on Twitter yesterday by one of
our players, Marvin Morgan…If these comments have been made then the Club is, of
course, extremely disappointed by them and wishes to distance itself from them completely.
Comments made via social networking sites are the sole responsibility of the individual and
they are therefore fully responsible for the nature of their comments and the consequences
of them.”
The club released a further statement following Morgan’s disciplinary meeting:
“The player accepted that his conduct was totally misguided and inappropriate and he
accepts that his actions were incorrect and ill disciplined. Accepting that his actions had
been foolish he explained that they had been made in the heat of the moment and
apologised for the distress he had caused.
“The football club are satisfied that the player meant no malice with his comments.
However they were completely irresponsible and contrary to the values of Aldershot Town
Football Club. The player has also undermined the good work that he and his colleagues
have done servicing the local community.
“The club is also of the opinion that careful consideration is required for all future use of
38
social networking sites by players and staff as a means of communication.”
The player was fined the maximum penalty of two weeks’ wages, and was also placed on the
transfer list (despite having been the club’s top scorer the previous season). Morgan has since
left the club. He remains on Twitter, withhis security settings on his account set so that his
tweets are not visible to the wider public, but only to those who he allows to follow him.
Kieron Bowell
An example from Scottish youth team football show just how important it is for players at any
level within a club to understand that their views are not treated entirely their own. Berwick
Rangers sacked one of its youth team players over comments made on Twitter relating to a
parcel bomb being sent to Celtic manager, Neil Lennon.
Kieran Bowell, the 16 year old captain of Berwick Rangers’ Under-17 team wrote:
"Wish that parcel bomb f***ing killed Neil Lennon the little c***! #celtic”
Bowell’s contract was terminated with immediate effect in April 2011, and the club was swift to
distance itself from the comments:
"It has been brought to the attention of Berwick Rangers that a young footballer on an
Amateur Contract with the club has made a comment on a social networking site relating to
the recent story concerning the posting of a parcel bomb to Neil Lennon. This comment was
completely unacceptable and as a result the Amateur Contract of the player has been
terminated with immediate effect. The player has offered an unreserved apology and
accepts his conduct is outwith the attitudes and behaviour expected from any person
associated with Berwick Rangers at any level. The Club very much regret any offence caused
39
by his actions.”
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Bowell’s father said that his son had apologised to his club and to Celtic:
"Kieran is very apologetic. He realises how stupid he has been. He is just a 16-year-old lad
40
and didn't think about the impact this would have."
Given that players as young as 15 years old are playing in the first team of professional football
clubs, it is apparent that clubs face a difficult problem in regulating use of Twitter. Bowell’s
comment was, as his father accepted, a stupid comment from a young boy who did not think
for one moment that a single line of text could have such repercussions for his career. No
doubt there were many other boys (and men) who said something similar on Twitter, and for
them there will be no comeback.
Bowell, unfortunately, has learnt a very expensive lesson. The question is, could he have been
better educated or guided by the club in the first place so as to avoid making such an error of
judgment? Would it have made any difference to the outcome if Bowell’s Twitter profile had
not identified him as the Berwick Rangers U-17 Captain? Or was his comment so offensive that
clubs should not be expected to protect a player who expresses such a view, regardless of age?
Tactical damage
Greg Halford
In
January
2011,
Wolverhampton
Wanderers
defender,
Greg
Halford,
was
on
loan
to
Portsmouth FC but had returned to watch a match from the stands. He sat alongside Wolves’
transfer target, Steve Sidwell, at the match and tweeted:
"With Steve Sidwell in the stands, read what you like into that."
The following day, Wolves’ hopes of signing Sidwell were scuppered when he was approached
by Fulham. Wolves’ manager, Mick McCarthy, believed that the Twitter comment was partly to
blame:
"I think what I really should highlight that [I won't discuss transfer targets with the media] is
we had Steve Sidwell at the Chelsea game. Some twit tweeted it and it became common
knowledge. He is on the running machine here and having a fitness test the following day
and his agent gets a call from Mark Hughes and he goes and signs for Fulham. Do you think
41
that had anything to do with the grapevine or that Twitter line? I think it probably did.”
McCarthy went on to acknowledge the wider risks of confidential information being released by
players through the medium of Twitter:
"Players are going to get themselves into trouble over Twitter, I can tell. I can't ban it and I'm
not going to try. But they have to be careful what they say on it about the club and its
policies. If they put a team selection up, which I'm sure some disgruntled numpty will at
some stage, they will be in trouble. Then I think they can get fined. It is forbidden and I think
it's unforgivable anyway [to] make it known just because they are not in the team.”
John Carew
Despite the extensive publicity surrounding indiscrete tweeting, the message has not yet hit its
mark. West Ham striker, John Carew, tweeted a photograph from the training ground changing
room showing the top half of someone’s head, and the text:
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“Now can u peeps guesss who showed up for training today ? :D”
It was clear from the photograph that the new face at the training ground was the controversial
Senegalese forward, El Hadji Diouf. At the time of the tweet (in October 2011), the club had
made no official announcement to say that they were interested in signing Diouf, meaning that
Carew was potentially disclosing confidential club information via his Twitter feed. It is not
known whether the club has disciplined Carew for his tweet.
The news that Diouf might be joining the club was badly received by West Ham fans, and the
protest from fans against the potential signing contributed to the club abandoning any deal. Had
the news been initially presented by the club then they may have been able to put a more
attractive spin on the matter. Instead, the decision not to sign the player was used by West
Ham Co-Chairman, David Gold, to say via his own Twitter feed that the club was listening to its
fans:
“The fans played a big part in the final decision. We win together we fail together. DG”.
Coleen Rooney
Players have to be conscious not only of their own tweets, but of their partner’s too. Wayne
Rooney’s wife, Coleen, tweeted one Friday evening that she was watching a film at home with
her husband. This innocuous comment had a deeper meaning to Coleen’s football followers as
if Wayne was at home with Coleen, it meant he was not with his Manchester United team
mates in Stoke ahead of their away match the following day. The tweet had unwittingly given
the Stoke team an advantage in flagging up that Rooney would not be playing. Rooney was
reportedly asked by the club to ensure that his wife did not give away confidential team news
42
again in future.
Impact on image and brand of a player
Everyone will have a different view as to whether the ‘offences’ described above were worthy
of sanction. There is arguably a lack of consistency in the FA’s disciplinary action – one player
(Cole) tweets what he believes to be no more than a harmless joke and receives a fine of
£20,000, whilst other players appear to threaten a fellow player (Diouf) in the strongest terms
and in abusive language and receive no sanction at all.
There are some who say that the best way to overcome the Twitter indiscretions is simply to
ban players from using Twitter altogether. However, the counter-argument to that can be made
by reference to four particular examples:
Joey Barton
Such is the controversial nature of the player, Barton features in this dissertation as a shining
example of both the negative side and positive side of Twitter. Having shown how Barton’s use
of Twitter caused friction in his relationship with the Newcastle owners, we now turn to
consider Barton’s ‘reinvention’ through Twitter.
GQ magazine did a feature in August 2011 on ‘Joey Barton's surprisingly erudite Twitter’:
“Maybe it was when he quoted George Orwell, or maybe it was when he used "echelons"
and "persona non grata" in the same 140 characters, but GQ.com has been surprised and
not a little impressed by newfound free agent Joey Barton's Twitter feed. Unlike some of our
fellow "seagulls" in the press, we're not quite ready for a complete character reassessment
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just yet, but on this evidence the combative, apparently reformed midfielder might just be
43
the greatest footballing philosopher since Eric Cantona.”
In an online blog, Jim White noted:
“If his presence on Twitter is indicative of the man, despite his deficit of self-control, Barton
appears to have a brain all right.
“His tweets have been consistently funny, interesting and well observed. Quoting everyone
from Nietzsche to Robert Peston, they have explored territory way beyond the usual remit of
sporting communication. One in particular might be responsible for changing attitudes to
footballers overnight: "Training finished, off for a coffee and to buy some books." Buy some
books? Most footballers haven't even read their own autobiography.
“…And rarely has Twitter been as successful in changing opinion. This is why PR men are so
keen on the micro-blogging site: it gives direct access to a star's personality in a way which
44
the stage-managed environment of the interview never can.”
These comments are a far cry from the public and media assessment of Barton in his preTwitter days. In 2008, The Sun newspaper called for ‘thug’ and ‘hooligan’ Barton to be banned
from football, saying:
“We believe the persistent thuggery of the Newcastle United midfielder proves he has no
45
place in our national game.”
Barton’s biggest ‘success’ on Twitter was to lead a campaign to back an online petition asking
the Government to allow disclosure of all documents relating to the 1989 Hillsborough
46
disaster.
He rallied support from his followers and celebrities until the petition met its 100,000
signature target.
There was a 2008 article in FourFourTwo magazine in which Barton gave a reasoned, open and
47
philosophical interview . He comes across in the piece in much the same way as he does
through Twitter. In fact, many journalists have noted that Barton is an intelligent and engaging
interview subject. However, a one-off interview in a footballing magazine or newspaper cannot
have anywhere near the same impact as the regular snippets of thought and information that
are released directly by the player through Twitter. That is what makes Twitter such a powerful
tool for a player who wants to reveal an image that is contrary to the pre-conceived public
persona.
Rio Ferdinand
Rio Ferdinand was encouraged to sign up to Twitter by his personal advisers, and having done
so in June 2010, he has amassed over 1.5 million followers. In a BBC interview in September
2011, Ferdinand spoke of his positive Twitter experience:
“The main word in it is control. If you’re controlling what you’re saying then nobody’s going to
try and twist it and take it out of line. It is a powerful, powerful tool and if you use it right I
think it puts you in better position than what you was without it.
“The club have been fantastic with us about it, and not really said much, as long as they can
be involved in some way, shape or form.
“I can understand where the manager’s coming from because it’s new to him, it was new to
me a year ago, I didn’t trust it….but when you look at it a little bit closer, and you
understand what it’s about then sometimes you can see beyond that.
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“[If the manager said I could not use it] I’d be disappointed, yeah. I just think it’s a fantastic
advertising tool. I don’t know any better advertising tool than that, other than playing well on
the football pitch. It’s an advertiser’s dream in terms of you’re speaking direct to 1.1million
people… If they don’t get it today then they’re going to get it tomorrow, ‘cos they’re going to
log on and find it and see it. You can’t put a price on what that is.
“Some days people aren’t even asking for a photo or a picture – they’re asking ‘can you
48
follow me’. A ‘follow’ now on Twitter has become an autograph, it’s unbelievable, it’s good.”
If you follow Ferdinand’s tweets then you will see that he has found a good balance in his
messaging, tweeting about football, his personal life and his commercial interests. It has allowed
him to promote his own brand, and sell his Rio Ferdinand App. He also holds his own Twitter
question and answer sessions with fans.
Wayne Rooney
The well-known PR manager, Max Clifford, singled out Wayne Rooney as a footballer who has
benefitted from being on Twitter:
"Greater contact with the public can be a good thing if you're not being perceived in the right
way. Wayne Rooney's the proof of that. If I was doing public relations for Manchester United
I would be delighted he was showing himself to be different to the way he's perceived. This is
his best way to show what he's really like.
"Twitter makes players more up to speed with what people are saying. They can respond to
that instantly. It also gives them freedom to respond to stories in the newspapers. It's almost
impossible to get a tabloid to print an apology or a retraction for a story that's a load of
rubbish. Because of the vast amounts of people using Twitter players can now respond
49
straight away, and if they're clever even name the journalist responsible."
Rooney used Twitter to announce his hair transplant over the summer, and by doing so via a
medium which he controlled, he managed to achieve an overall positive response to something
that might otherwise have been talked about in embarrassing terms by the tabloid press.
Robbie Savage
Twitter can be a valuable tool for players who are coming to the end of their playing careers, as
they turn their attentions to life after football. Some will look to move into management, others
will consider a job in media as their best option. For the latter, Twitter enables them the
opportunity to build a sizeable fan base.
Robbie Savage is a great example of this. He had a reputation as being a player who wound up
the opposition and their fans, and he regularly featured on lists of the most hated Premier
50
League players.
However, Tweetsport, a sports news site, rated Savage as the most popular
sports pundit on Twitter. This was based on Savage’s following, which has now risen to over
500,000 people:
“…incredibly the player everyone loved to hate has become the pundit everyone loves to follow.
His transition from player to omnipresent pundit, sequined Saturday night celebrity [in reference
to him being a contestant on Strictly Come Dancing] and all-round #legend has been built on
51
Twitter and with over 450,000 followers and growing who knows where this will end."
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False profiles
One of the benefits of Twitter is that it allows players to control their own image. However, if
players are not careful it also allows other people to create a false image in their name. By way
of example, Wolves manager, Mick McCarthy, is aware he has an impostor on Twitter:
"Someone said to me: 'I'm a contact of yours on Twitter.' I said: 'You aren't, mate, because
I'm not on Twitter.' He said: 'Are you not, I've been talking to you for the past two years!' I
said: 'Well, you are a cock like the bloke who is doing it.' Dear oh dear. I think cock is
52
appropriate for someone who impersonates me on Twitter."
McCarthy, and any player who finds themselves in the same position, should take steps to have
imposter accounts closed down by reporting the account to Twitter’s legal department. False
profiles have the potential to cause real reputational damage if fans follow the imposter
believing them to be real. They also leave the player open to criticism for comments which are
not their own.
Legal Considerations
Breach of contract
The examples set out in the disciplinary offences section above deal primarily with what is, in
legal terms, a breach of contract. In entering into a playing contract (i.e. an employment
contract) with a club a player is committing to abide by the rules of the club and the governing
body, so any breach of those rules amounts to a breach of the playing contract. The severity of
the breach will determine what legal remedy is available to a club.
Defamation
As was seen from the examples of Chris Cairns and Eddie Talbot, Twitter use can lead to a civil
action for defamation. A defamatory statement is one that is made to a person other than the
claimant, and lowers the reputation of the claimant in the estimation of a right-thinking member
of society.
It will be a defence to a claim of defamation if the tweeter can show that the statement was
true,
or
that
it
was
fair
comment
(i.e.
expressing
a
view
that
was
reasonable
in
the
circumstances). If no defence applies then the tweeter can be liable for damages. It is important
to note that the extent of the publication can affect the quantum of the damages (as was held
by the High Court in Applause Store Productions Limited and Mathew Firsht v Grant Raphael
[2008] EWHC 1781 (QB) at paragraph 81 of the judgment). Therefore, a player with hundreds
of thousands of followers could be publishing a defamatory statement to a very wide audience,
including international followers.
A player must also be advised that even re-tweeting a defamatory statement made by another
person could leave him liable to a claim.
Data protection
Data protection issues arise in relation to use of social networking sites such as Twitter. The law
prohibits the ‘processing’ of personal data without authorisation, and that could cover scenarios
where a player uploads a photograph of another person, identifying them in the tweet, or
otherwise tweets private information about a third party. Article 3(2) of the Data Protection
Directive grants an exemption to ‘processing’ in the context of a “purely personal or household
activity”, but in the case of Lindqvist (C-101/01) (2003) the European Court of Justice held that
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the exemption would not apply in situations where a person was making private information
accessible on the internet to an indefinite group.
Players have to be made aware of this aspect of the law in order to take due care and
responsibility when posting comments about third parties.
Human Rights Act
The European Convention on Human Rights, incorporated into UK law the Human Rights Act
1998, safeguards two fundamental rights which are relevant to this topic. They are (i) the right
to respect for private and family life (Article 8) and (ii) freedom of expression (Article 10).
Players should be mindful of the fact that by using Twitter they may be making public a lot of
information about their personal lives. This brings with it its own dangers from a personal safety
perspective, but also with regards to legal protection in the event that a third party (such as a
media outlet) wishes to print a story about a player’s private life. The player’s tweets may
disclose information which leads an investigative reporter to uncover a story, or they may
perpetuate a false image that a newspaper then seeks to correct.
The law on privacy has been moving at some pace over recent years, with high profile cases
being challenged in the High Court, the Court of Appeal and right up to the House of Lords
(e.g. Naomi Campbell in Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22, Michael
Douglas and Catherine Zeta Jones in Douglas and others v Hello! Ltd and others [2005] EWCA
Civ 595, and Max Mosley in Mosley v News Group Newspapers Limited [2008] EWHC 1777
(QB)).
Given the changing landscape it is important for players to understand that their public tweets
may impact upon the degree of protection that the courts will be willing to offer them if they
seek a legal remedy to prevent publication of an embarrassing story about their private life. In
the case of Campbell, for example, the Court held that the newspaper was allowed to print
information which corrected the “public lies” that Campbell had told about her drug use.
The right to freedom of expression can be fettered to the extent necessary to protect other
rights (such as reputation and rights of others, and confidential information). Clubs should
understand, however, that there are limits to the way in which they can lawfully restrict players
from using Twitter. An outright ban, for example, would be difficult to justify.
Infringement of intellectual property rights
Players should be told that by running a Twitter account they are becoming a publisher of
information. As such, they have to be conscious of the extent to which they are legally entitled
to publish words, images, music or broadcasts that are not their own. Copyright infringement is
the most likely breach to incur on Twitter.
Advertising regulations
Players need to appreciate the marketing power that they yield through being a respected
Twitter user:
“Million-dollar television advertisements are no longer the king influencer of purchase intent.
People referring products and services via social media tools are the new king. It is the
53
world’s largest referral program in history. ”
However, there are risks associated with ‘covertly’ endorsing products in return for payment (or
payment in kind).
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In December 2010, the Office of Fair Trading released a publication stating its view that:
" online advertising and marketing practices that do not disclose they include paid-for
promotions are deceptive under fair trading laws. This includes comments about services and
products on website blogs and microblogs such as Twitter.
“Online promotional activity, just like any other promotional activity, must clearly identify
when promotions and editorial comment have been paid for, so that consumers are not
54
misled.”
It is possible that the law in the United Kingdom will change to something akin to that in the
United States, where the US Federal Trade Commission requires promotional tweets to be
identified by “ad” or “spon” being included in the tweet.
Players need to know that any endorsing tweets may give rise to a breach of the Consumer
Protection from Unfair Trading Regulations 2008, and should also be informed if and when the
advertising regulations change to require specific wording within promotional tweets.
There are no doubt other potential legal risks that a player takes when using Twitter, including
possible criminal actions (such as inciting religious hatred and racial abuse). However, by getting
players to think about the consequences of their tweets in terms of the legal issues identified
above, they will hopefully become more generally aware that using Twitter brings with it certain
responsibilities.
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CONCLUSION
A valuable asset to the game
Twitter has the ability to change football, giving fans access to once untouchable sports stars.
Barney Ronay, for The Observer, summed up this position perfectly in an article entitled, ‘How
Twitter is bringing footballers back to the fans’:
“The breakdown of the relationship between fans and players was one of the tragedies of
the atomised modern game. But against all expectations it has been Twitter – the most
laconic, celebrity-driven and, for many, gallopingly inane of the social networking media –
that has begun to hurl the odd significant grappling hook across the divide.
“There is increasingly a sense of rawness to the interaction between players, fans and media.
In the most carefully insulated of major sports, Twitter seems to be altering subtly the
established dynamic. It is not perhaps yet a tipping point to rank alongside the great staging
points in the ascent of the modern superstar footballer, but Twitter is doing one thing: giving
players a voice again, unmuzzled by the marketing structures of the plc club. Even crammed
into 140 grammatically promiscuous characters, suddenly footballers look a little more
55
likable, a little less remote.”
In an era where football is facing so much competition from other forms of entertainment,
Twitter is a great way to keep a focus on the sport long after a match has ended. The
accessibility of Twitter through mobile phones means that people can check their Twitter feed
anywhere, anytime. You will see many Twitter users asking players to ‘re-tweet’ a message they
have sent to the player. As noted by Rio Ferdinand, a player’s acknowledgment of a fan on
Twitter is tantamount to an autograph in a modern context. These tweets undeniably make
fans feel more in touch with the players, and that is a valuable asset to the game.
A ban is not the solution
The instinctive response by many within the sport has been to call for a ban on players using
Twitter. However, that may well be the wrong approach. As noted by Rutherford, banning
players from tweeting “would be an extreme form of governance” and clubs would be better
served “trying to embrace the medium and using it to get their message across."
56
The Twitter
statistics set out above show that Twitter has exploded onto the social networking scene. Much
as clubs might like to limit its use within football, there is a ground swell of public support for
Twitter that cannot be ignored – a paradigm shift, as identified by Qualman.
Instead, clubs must embrace Twitter. It is inevitable that clubs will be nervous about a medium
which gives players a powerful, unchecked, voice. The risks to the reputation of the club and the
player are evident from the case studies listed above, and it is right that clubs should be wary of
players letting loose on Twitter. Nevertheless, in the modern day Twitter is a big part of the
communications network, and clubs need to educate themselves and their players as to the
pros and cons of the site in order to best manage the messages that players are sending out.
Trust players to tweet
In the same way that players are trusted to give live television and radio interviews, players must
be trusted to use Twitter. That will certainly require education within the sport, amongst all
manner of participants (i.e. players, clubs and governing bodies). There should be a degree of
leniency shown by clubs and the FA whilst players hone their social networking skills. As was
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mentioned in the Acas Report, ‘moral intensity’ is an important consideration, and never more
than at the outset whilst boundaries are established and tested.
Players who may have sacrificed a proper education to pursue their sporting career are
suddenly being given the opportunity to communicate with a mass audience, often international,
and one that comprises both supporters and detractors. They should not be scared away from
engaging with Twitter as a result of strong criticism and sanction from up above, as this will
simply delay the development of Twitter as a beneficial tool for football as a whole.
Twitter guidance for clubs
The following should provide useful guidance for clubs seeking to manage their players’ use of
Twitter. To the extent possible the guidance takes into account the FA and club rules, the
precedents from the case studies, and the legal issues:
1)
Every club should adopt a Twitter policy. That policy should be incorporated into the
club rules which a player signs up to when joining a club, whether as a youth team
player or a senior player. The policy should be kept under review, as the nature of
Twitter use may continue to evolve in a short space of time. Ideally, there will be a
uniform policy across professional clubs, supported by the PFA and the FA.
2)
The policy should require each player to:
a.
Confirm that they will adhere to the club’s Twitter policy at all times;
b.
Notify the club immediately of any Twitter account that the player has whilst in
the employment of the club;
c.
Consent to the club’s Social Media Office (see below) following the player’s
Twitter account;
d.
Undertake to complete a Twitter training session organised by the club if they
wish to be able to refer to their professional life on Twitter;
e.
Refer any imposter accounts to Twitter’s legal department if the club so
demands.
3)
The policy should require the club to:
a.
Appoint a Social Media Officer (SMO) to oversee Twitter use by players, to
monitor
tweets,
and
to
warn
players
if
their
tweets
are
straying
into
unacceptable territory. The SMO will also be a reference point for players who
want clearance for certain tweets or further guidance generally, and the person
to whom a player can report any abuse. The SMO should be someone with a
good understanding of the medium and its issues;
b.
Inform players that the club, through the SMO, will be able to see every tweet
that is sent. This should help remind players that they must be satisfied that
they will not be embarrassed by the club seeing the content of any tweet;
c.
Provide players with Twitter training at the earliest opportunity upon them
joining the club.
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4)
The policy should provide clear guidance as to what players cannot include in their
tweets. This will be clarified through the educational training sessions, but clubs should
also set out some basic rules for players to follow when tweeting, such as:
a.
Do not swear in any tweets;
b.
Do
not
make
any
negative
comment
about
teammates,
opponents,
club
officials, match officials or governing body officials in their professional capacity;
c.
Do not make any negative comment about the club or its fans;
d.
Do not post any confidential information about the team, including the matchday line-up, injury news (about you or other players), tactical plans or transfer
news. Any such information should be viewed as confidential unless and until
the club has made the information available through its own official channels;
e.
Do not post any comment which could adversely affect the reputation of the
club, the governing bodies, or the sport (i.e. that would bring the game into
disrepute);
f.
Do not engage in aggressive exchanges with other Twitter users;
g.
Do not threaten or abuse other Twitter users;
h.
Do not use ethnic slurs, obscenities or personal insults;
i.
Do not post pictures or disclose information which would embarrass a third
party unless you have their consent to share the content online;
j.
Do not re-tweet or quote any messages which would amount to a breach of
these rules if you had been the original sender.
5)
The Twitter training offered by clubs should:
a.
Review and analyse the publicised Twitter incidents so players can understand
what was inappropriate in each case, and also raise their own questions about
legal, ethical and practical boundaries;
b.
Help players to understand that their role as a professional footballer means
that they are representatives of the club at all times. They will attract followers
on Twitter because of their status as a footballer, and they therefore have to
accept that, for them, Twitter is not simply a social tool. It is a powerful means
of communication that can make or destroy their reputation;
c.
Provide expert advice from a legal, public relations and sponsor perspective.
This should explain the risks of tweeting, but also give practical advice as to
how players can use the medium to best effect whilst protecting their privacy
and their image;
d.
Encourage those players who are interested in using Twitter, but nervous
about the risks, to try it. The training should give the player some comfort
about what to say and what not to say, and the SMO should provide on-going
support as necessary.
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6)
Clubs should pay particular attention to young players who use Twitter, and who may
not have the experience of media generally to make the best decisions over Twitter
comments.
Closing comments
Clubs, the FA and the PFA should all take responsibility when it comes to Twitter. The clubs
and the FA are presently taking disciplinary action against players without there being sufficient
guidance coming from those governing the game. The PFA should step in to offer its members
more support as they test the waters of a new social media environment. The FA and the PFA
should work together (bearing in mind the Acas Report recommendations for consultation and
negotiation with employees) to draw up a Twitter policy that can be used by all clubs, to ensure
clarity and uniformity.
This dissertation has allowed a thorough exploration of the risks and benefits of Twitter in
football. By reviewing the cases which have made the headlines, and considering the exponential
growth of the social networking site, it has been possible to identify the reasons why players
may want to use Twitter, and the reasons why clubs may want to restrict such use.
If you accept that Twitter is an important communication tool to allow interaction between
fans, players and clubs, then it comes down to how best to manage that tool. It is hoped that
the guidelines above will offer the game a sensible and workable framework from which further
debate and discussion can develop. The educational aspect should not be underestimated. If
Twitter is used badly it will reinforce negative stereotypes about the modern day footballer.
However, if it is used well, it could draw an enthusiastic following back to a sport where
footballing heroes were becoming too detached from their loyal fans.
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BIBLIOGRAPHY
Books and articles
Eisenhardt, K.M. (1989) Building Theories from Case Study Research, The Academy of
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Israel, S (2009 ) Twitterville: How Businesses Can Thrive in the New Global Neighborhoods:
Portfolio
Newson et al, (2008 ) Blogging and Other Social Media: Gower
Ojeda-Zapata, J (2008) Twitter Means Business: Happy About
Qualman, E (2010) Socialnomics: How Social Media Transforms the Way We Live and Do
Business: Wiley
Scoble, R & Israel, S (2006) Naked Conversations: How Blogs are Changing the Way Businesses
Talk with Customers: Wiley
Yin, R (1994) Case Study Research: Design and Methods, London: Sage
Yin, R (2009) Case Study Research: Design and Methods, (4th Edition), London: Sage
Information from websites (all links were last accessed on 30 October 2011)
Article Title
Acas Publishes First Social Media Guide
Web Link
www.theregister.co.uk/2011/09/07/acas_publish
es_first_social_media_guide/
Alan Pardew Says Joey Barton Twitter Row
news.bbc.co.uk/sport1/hi/football/14407795.st
Could Be Resolved
m
Athletes on Twitter: A Branding Guide
www.sportsnetworker.com/2011/09/06/athlete
s-on-twitter-a-branding-guide/
Babel Fined
www.thefa.com/TheFA/Disciplinary/NewsAndF
eatures/2011/Babel170111
Berwick Rangers Sack Teen Skipper For
www.dailyrecord.co.uk/football/sfl/2011/04/21/
Disgusting 'Kill Neil Lennon' Twitter Rant
berwick-rangers-sack-teen-skipper-fordisgusting-kill-neil-lennon-twitter-rant-8690823077036/
Bivens 'encourages' in-round updates
sports.espn.go.com/golf/news/story?id=421259
7
Boot Thug Joey Out Of Toon
www.thesun.co.uk/sol/homepage/news/article1
189234.ece
Club Statement
www.berwickrangers.net/newsitem.php?nid=49
7
Cole fined for media comment
www.thefa.com/TheFA/Disciplinary/NewsAndF
eatures/2011/Cole-fined
Coleen Rooney Told To Stop Leaking Man
www.caughtoffside.com/2011/09/27/coleen-
United Team News On Twitter
rooney-told-to-stop-tweeting-man-unitedteam-news/
Damages Awarded In First UK Twitter Libel
@Twitter: Should players be trusted to tweet?
October 2011
www.lawgazette.co.uk/news/courts-
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© Liz Ellen, Mishcon de Reya
Action
news/damages-awarded-first-uk-twitter-libelaction
Danny Gabbidon In F Word Twitter Rant -
fcbusiness.co.uk/blog/?p=247
Who Is To Blame?
Exclusive Interview With Lotus Racing Team
www.theuksportsnetwork.com/exclusive_interv
Principal Tony Fernandes
iew_with_lotus_racing_team_principal_tony_fe
rnandes
FA Announces Clampdown On Use Of
www.guardian.co.uk/football/2011/feb/13/fa-
Twitter And Other Sites By Players
twitter-clampdown-babel-wilshere
FA Reprimands Manchester United's Wayne
www.guardian.co.uk/football/2011/may/21/fa-
Rooney For Twitter Rant
wayne-rooney-twitter-manchester-united
FC Barcelona see the real value in Social
digital-football.com/sports-social-
Media
media/2011/10/13/fc-barcelona-see-the-realvalue-in-social-media-interview/
Football and Social Media
footballmedia.com/football-and-social-media/
Gabbidon fined for media comments
www.thefa.com/TheFA/Disciplinary/NewsAndF
eatures/2011/Danny-Gabbidon-fined
How Twitter Changed The Rules
www.bbc.co.uk/blogs/bendirs/2011/01/twitter_
blog.html
How Twitter Is Bringing Footballers Back To
www.guardian.co.uk/football/2011/may/01/foot
The Fans
ballers-twitter?INTCMP=SRCH
I Was Wrong! Barton Admits Guilt As FA
www.dailymail.co.uk/sport/football/article-
Plan To Crack Down After Twitter Row
2025994/Joey-Barton-admits-guilt-FA-planTwitter-crack-down.html
I'm Proud Of What I Have Achieved In
www.espncricinfo.com/ci/content/story/453195
Cricket - Cairns
.html
Is Savage the most hated Premiership player?
www.dailymail.co.uk/sport/football/article375293/Is-Savage-hated-Premiershipplayer.html
Joey And Twitter: The Perfect Match
uk.eurosport.yahoo.com/football/jimwhite/article/32899/
Joey Barton Allowed To Leave Newcastle
news.bbc.co.uk/sport1/hi/football/14366074.st
On Free Transfer
m
Joey Barton 'Fined Two Weeks' Wages' By
news.bbc.co.uk/sport1/hi/football/14367204.st
Newcastle
m
Joey Barton Hits Out At Newcastle United's
www.telegraph.co.uk/sport/football/teams/newc
Board In Twitter Tirade
astle-united/8673650/Joey-Barton-hits-out-atNewcastle-Uniteds-board-in-Twittertirade.html
Joey Barton Is Voted Toon Player Of The
www.chroniclelive.co.uk/newcastle-united/nufc-
Year
news/2011/05/30/joey-barton-is-voted-toonplayer-of-the-year-7270328788223/#ixzz1XeMvML4J
Joey Barton Leads Twitter Campaign In
www.guardian.co.uk/football/2011/aug/19/joey-
Support Of Hillsborough Petition
barton-hillsborough-disaster-petition
Joey Barton: What's Behind His Twitter
www.bbc.co.uk/news/magazine-14662175
Philosophy?
@Twitter: Should players be trusted to tweet?
October 2011
38
© Liz Ellen, Mishcon de Reya
Joey Barton's Surprisingly Erudite Twitter
www.gqmagazine.co.uk/entertainment/articles/201108/02/gq-sport-joey-barton-twitter-feed-bestquotes-free-transfer
Jose Enrique Wants What's Best For Him
blogs.telegraph.co.uk/sport/lukeedwards/10001
Not Newcastle United
7958/jose-enrique-wants-whats-best-for-himnot-newcastle-united/
Lessons To Be Learned By All From Twitter
www.givemefootball.com/pfa/pfa-news/lessons-
Hearing
to-be-learned-by-all-from-twitter-hearing
Liverpool To Investigate 9/11 Tweet From
news.bbc.co.uk/sport1/hi/football/14914280.st
Nathan Eccleston
m
LPGA Players Balk at Tweeting During Play
www.bloomberg.com/apps/news?pid=newsarc
Suggestion
hive&sid=aID_hnzyN2xY
Man United Shuts Down Twitter And
www.epltalk.com/man-united-shuts-down-
Facebook Accounts For Its Footballers
twitter-and-facebook-accounts-for-itsfootballers-14922
Manchester United Aces Among Those Who
news.bbc.co.uk/sport1/hi/football/13469584.st
May Quit Twitter
m
Manchester United Bans Players From
www.telegraph.co.uk/technology/news/703581
Twitter
8/Manchester-United-bans-players-fromTwitter.html
Marvin Morgan - Official Club Statement
www.theshots.co.uk/news/Aldershot50504.ink
Mick McCarthy Warns His Wolves Players
www.guardian.co.uk/football/2011/jul/25/mick-
About 'Twits Who Tweet'
mccarthy-wolverhampton-tweet
Miller admits FA charge
www.thefa.com/TheFA/Disciplinary/NewsAndF
eatures/2011/Ishmael-Miller-twitter
NBA social media guidelines out
sports.espn.go.com/nba/news/story?id=452090
7
Neil Warnock Issues QPR Twitter Ban After
www.guardian.co.uk/football/2011/jan/12/warn
Players Attack El Hadji Diouf
ock-qpr-twitter-hadji-diouf
New Forest boss bans Twitter and Facebook
www.mirrorfootball.co.uk/news/NottinghamForest-players-banned-from-Twitter-andFacebook-by-new-boss-Steve-Cotterillarticle814531.html#ixzz1cAoA4ofT
Newcastle Manager Alan Pardew Hints At
news.bbc.co.uk/sport1/hi/football/14408472.st
Truce With Joey Barton
m
Newcastle Twit Jose Enrique Fined £100k
www.thesun.co.uk/sol/homepage/sport/football
/3714449/Newcastle-Twit-Jose-Enrique-fined100k.html
OFT secures promotional blogging
www.oft.gov.uk/news-and-
disclosures
updates/press/2010/134-10
Online Workplace Critics - UK Businesses
www.myjobgroup.co.uk/media-centre/press-
Urged To Address Social Media HR Policies -
releases/online-workplace-critics-
21st May 2010
21052010.shtml
Opinion: Social Media And Football
www.scotzine.com/2011/04/opinion-socialmedia-and-football
PFA Chief Gordon Taylor Questions Total
@Twitter: Should players be trusted to tweet?
October 2011
news.bbc.co.uk/sport1/hi/football/14427415.st
39
© Liz Ellen, Mishcon de Reya
Twitter Ban
m
Player Websites Warning
www.manutd.com/en/News-AndFeatures/Club-News/2010/Jan/Player-websiteswarning.aspx
Q & A - Joey Barton
fourfourtwo.com/interviews/qanda/35/article.as
px
Rio Ferdinand Leads Sport's Twitter
news.bbc.co.uk/sport1/hi/football/14403249.st
Revolution
m
Rise In Defamation Cases Involving Blogs And
www.guardian.co.uk/media/2011/aug/26/defam
Twitter
ation-cases-twitter-blogs
Robbie Savage Top Sporting Twit
www.tweetsport.co.uk/blog/tweetsport-twitlist/
SFA Issues Social Network Warning To Clubs
news.bbc.co.uk/sport1/hi/scotland/9354823.stm
Sir Alex Ferguson May Order Manchester
www.guardian.co.uk/football/2011/may/20/sir-
United Players Off Twitter
alex-ferguson-manchester-united-twitter
Social Media in the Workplace
www.myjobgroup.co.uk/socialmediawhitepaper
/SocialMediaWhitepaper.pdf
Social Networking
www.acas.org.uk/index.aspx?articleid=3375
Social Networking Clarification
www.thefa.com/TheFA/NewsAndFeatures/201
1/social-netowrking-120211
Sports and Social Media Predictions 2010
sportfanconnect.com/sports-and-social-mediapredictions-2010
The 10 Most Influential Athletes On Twitter
adly.com/2011/05/ad-ly-reveals-the-top-10most-influential-athletes-on-twitter/
The FA - Social networking clarification
www.thefa.com/TheFA/NewsAndFeatures/201
1/social-netowrking-120211
The Sweeper: Man Utd Ban Their Players
pitchinvasion.net/blog/2010/01/18/the-
From Twitter
sweeper-man-utd-ban-their-players-fromtwitter/
The World's Most Valuable Soccer Teams
www.forbes.com/sites/sportsmoney/2011/04/2
0/the-worlds-most-valuable-soccer-teams/
To Tweet Or Not To Tweet
fcbusiness.co.uk/blog/?p=269
Twitter Statistics - Updated Stats For 2011
www.marketinggum.com/twitter-statistics2011-updated-stats/
Twitter User Sends World's 20 Billionth
www.bbc.co.uk/news/world-asia-pacific-
Tweet
10829383
Twitter Ye Not?
news.bbc.co.uk/sport1/hi/football/9359932.stm
Why Joey Barton Is Clear Winner Of Toon
www.mirrorfootball.co.uk/opinion/columnists/r
Twit Farce And Wales CAN Make The 2014
obbie-savage/Robbie-Savage-Newcastle-Joey-
World Cup
Barton-twitter-2014-World-Cup-drawEngland-Wales-Wrexham-article781117.html
Workplaces And Social Networking The
www.acas.org.uk/media/pdf/b/d/1111_Workpla
Implications For Employment Relations
ces_and_Social_Networking.pdf
World Cup 2010: England Players Banned
news.bbc.co.uk/sport1/hi/football/world_cup_2
From Twitter
010/8706043.stm
@Twitter: Should players be trusted to tweet?
October 2011
40
© Liz Ellen, Mishcon de Reya
Legal sources
Data Protection Directive (95/46/EC)
European Convention on Human Rights
Human Rights Act 1998
Applause Store Productions Limited and Mathew Firsht v Grant Raphael [2008] EWHC 1781
(QB)
Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22
Chris Lance Cairns v Lalit Modi [2010] EWHC 2859 (QB)
Douglas and others v Hello! Ltd and others [2005] EWCA Civ 595
Lindqvist (C-101/01)
Mosley v News Group Newspapers Limited [2008] EWHC 1777 (QB)
@Twitter: Should players be trusted to tweet?
October 2011
41
© Liz Ellen, Mishcon de Reya
ENDNOTES
1
2
3
4
5
From ICO ‘Using Twitter policy’ Overview, 2 December 2009
news.bbc.co.uk/sport1/hi/football/14427415.stm
www.guardian.co.uk/football/2011/may/20/sir-alex-ferguson-manchester-united-twitter
www.telegraph.co.uk/technology/news/7035818/Manchester-United-bans-players-from-Twitter.html
Player websites warning
www.manutd.com/en/News-And-Features/Club-News/2010/Jan/Player-websites-warning.aspx
6
As of 30 October 2011, Rio Ferdinand has over 1.5million followers, Wayne Rooney has over 1.8million followers and Michael Owen has
over 750,000 followers.
7
8
9
10
11
12
13
14
news.bbc.co.uk/sport1/hi/football/14427415.stm
www.bbc.co.uk/blogs/bendirs/2011/01/twitter_blog.html
news.bbc.co.uk/sport1/hi/football/14407795.stm
news.bbc.co.uk/sport1/hi/football/14427415.stm
www.bbc.co.uk/news/world-asia-pacific-10829383
www.marketinggum.com/twitter-statistics-2011-updated-stats/
www.forbes.com/sites/sportsmoney/2011/04/20/the-worlds-most-valuable-soccer-teams/
Quote from Manchester United’s Head of Marketing taken from Marketing Week, 14 July 2010, “MU opts not to run ads or messages
on Facebook”
15
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20
21
22
23
24
25
26
27
28
29
30
31
www.guardian.co.uk/media/2011/aug/26/defamation-cases-twitter-blogs
www.espncricinfo.com/ci/content/story/453195.html
Chris Lance Cairns v Lalit Modi [2010] EWHC 2859 (QB)
www.lawgazette.co.uk/news/courts-news/damages-awarded-first-uk-twitter-libel-action
adly.com/2011/05/ad-ly-reveals-the-top-10-most-influential-athletes-on-twitter/
sports.espn.go.com/nba/news/story?id=4520907
sports.espn.go.com/golf/news/story?id=4212597
www.bloomberg.com/apps/news?pid=newsarchive&sid=aID_hnzyN2xY
digital-football.com/sports-social-media/2011/10/13/fc-barcelona-see-the-real-value-in-social-media-interview/
www.thefa.com/TheFA/Disciplinary/NewsAndFeatures/2011/Babel170111
www.thefa.com/TheFA/NewsAndFeatures/2011/social-netowrking-120211
www.givemefootball.com/pfa/pfa-news/lessons-to-be-learned-by-all-from-twitter-hearing
www.thefa.com/TheFA/Disciplinary/NewsAndFeatures/2011/Danny-Gabbidon-fined
www.guardian.co.uk/football/2011/may/21/fa-wayne-rooney-twitter-manchester-united
www.guardian.co.uk/football/2011/jan/12/warnock-qpr-twitter-hadji-diouf
www.thefa.com/TheFA/Disciplinary/NewsAndFeatures/2011/Ishmael-Miller-twitter
www.mirrorfootball.co.uk/news/Nottingham-Forest-players-banned-from-Twitter-and-Facebook-by-new-boss-Steve-Cotterill-
article814531.html#ixzz1cAoA4ofT
32
33
34
35
A similar clause is likely to appear in Football League contracts.
www.thesun.co.uk/sol/homepage/sport/football/3714449/Newcastle-Twit-Jose-Enrique-fined-100k.html
blogs.telegraph.co.uk/sport/lukeedwards/100017958/jose-enrique-wants-whats-best-for-him-not-newcastle-united/
www.chroniclelive.co.uk/newcastle-united/nufc-news/2011/05/30/joey-barton-is-voted-toon-player-of-the-year-72703-
28788223/#ixzz1XeMvML4J
36
37
38
39
40
news.bbc.co.uk/sport1/hi/football/14407795.stm
news.bbc.co.uk/sport1/hi/football/14914280.stm
www.theshots.co.uk/news/Aldershot50504.ink
www.berwickrangers.net/newsitem.php?nid=497
www.dailyrecord.co.uk/football/sfl/2011/04/21/berwick-rangers-sack-teen-skipper-for-disgusting-kill-neil-lennon-twitter-rant-86908-
23077036/
41
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47
48
49
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51
52
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55
56
www.guardian.co.uk/football/2011/jul/25/mick-mccarthy-wolverhampton-tweet
www.caughtoffside.com/2011/09/27/coleen-rooney-told-to-stop-tweeting-man-united-team-news/
www.gq-magazine.co.uk/entertainment/articles/2011-08/02/gq-sport-joey-barton-twitter-feed-best-quotes-free-transfer
uk.eurosport.yahoo.com/football/jim-white/article/32899/
www.thesun.co.uk/sol/homepage/news/article1189234.ece
www.guardian.co.uk/football/2011/aug/19/joey-barton-hillsborough-disaster-petition
fourfourtwo.com/interviews/qanda/35/article.aspx
news.bbc.co.uk/sport1/hi/football/14771398.stm
www.guardian.co.uk/football/2011/may/01/footballers-twitter?INTCMP=SRCH
www.dailymail.co.uk/sport/football/article-375293/Is-Savage-hated-Premiership-player.html
www.tweetsport.co.uk/blog/tweetsport-twitlist/
www.guardian.co.uk/football/2011/jul/25/mick-mccarthy-wolverhampton-tweet
Qualman’s ‘Socialnomics’
www.oft.gov.uk/news-and-updates/press/2010/134-10
www.guardian.co.uk/football/2011/may/01/footballers-twitter?INTCMP=SRCH
news.bbc.co.uk/sport1/hi/football/14914280.stm
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