UEFA EURO 2028 Commercial Rights Protection: consultation analysis - final report

3. Advertising

Introduction

To meet UEFA’s requirements, unauthorised advertising was prohibited in and around events zones when these were in operation for EURO 2020. The consultation paper sought views on introducing similar arrangements for EURO 2028. This chapter presents respondents’ views on the impact of advertising measures for EURO 2020 and potential impacts from introducing similar measures for EURO 2028.

Advertising measures for EURO 2020

For EURO 2020, advertising that did not have agreement from UEFA as an official sponsor was banned in and around event zones when these were in operation. Reasons for managing advertising space are the same as those for street trading restrictions. Exemptions included demonstrating support or opposition to the views or actions of any person and publicising political or religious beliefs, causes or campaigns. Certain advertising that was already in place in the event zones when the legislation came into force was also allowed to remain, to minimise the impact on business. The fine for committing the advertising offence could be up to, but not exceeding, £20,000 with police and enforcement officers enforcing the measures.

Were you aware of advertising laws put in place in event zones for EURO 2020?

What impact, if any, did those advertising laws have on you (as a resident, business or visitor)?

Among those answering, 39% were aware of advertising laws in event zones for EURO 2020; lower than the 52% who were aware of street trading laws. Over half (57%) were unaware and 4% unsure. Awareness was higher among organisations who answered, with 88% of organisations aware compared to just over one in ten (13%) individuals.

A comment was left by 17 respondents on the impact of advertising measures. Again, the most prevalent view, mentioned by some respondents, was that there had been no or minimal impact. Views expressed in other comments did not directly answer the question; instead potential impacts from measures to be introduced for EURO 2028 were put forward. These views are incorporated in the analysis of the next question.

Proposed advertising measures for EURO 2028

For EURO 2028 the Scottish Government proposes to apply advertising measures and penalties similar to those used for EURO 2020. Views were sought views on what impact this might have.

What impact do you think the proposed measures on advertising in EURO 2028 event zones might have on you (as a resident, business or visitor)?

Seventeen respondents answered this question. Again, the most prevalent theme was some respondents perceiving no or minimal impact, with no explanations given.

Impact on businesses

The second most prevalent theme, raised by a few respondents, was the potential impact on businesses of the proposed advertising measures. The main concern expressed was that the measures could impact the ability of businesses to advertise. For instance, DF Concerts & Events highlighted a restriction on advertising could impact their ability to run events effectively.

“We have headline sponsors i.e. Rockstar Energy presents TRNSMT and many other sponsors such as Three, Bacardi, McDonalds, who are vital to the successful running of our events held across Glasgow Green and Bellahouston Park in June and July each year. If we were to be restricted on the event signage and branding we have up across the city via digital screens in stations, roadsides, posters, or at our event spaces, it will have a detrimental impact on the ability for our events to run.” - DF Concerts & Events

One individual, however, felt the impact on small businesses would be minimal.

Another organisation highlighted that more resources could potentially be required for trading standards to ensure the measures are enforced. A participant at an engagement event with experience as a local authority enforcement officer suggested that practical examples in guidance could be provided for businesses to help them understand what they can and cannot do.

During one of the engagement events, other events coinciding with EURO 2028 were mentioned, such as TRNSMT, and the activation strategy for these was queried. It was noted in the event that discussions aimed at supporting annual events in Glasgow alongside EURO 2028 are ongoing.

Other issues

Advice Direct Scotland felt the proposals are likely to have a positive impact on consumers:

“We anticipate that the proposed measures will have a significant positive effect on consumer experiences. The removal of advertisements that lead to consumer issues will boost consumer confidence and minimise detriment. The targeting of ambush advertising will also reduce the risk of scams and poor goods and services. The regulation of advertising will ensure that whatever organisations can advertise are accountable to consumers.” – Advice Direct Scotland

Other comments were given by a few. Two respondents, including a community representative attending an engagement event, were concerned about the potential loss of business for traders away from the event zones as they would be unable to advertise in the zones to those attending the EUROs or be prevented from advertising in their usual advertising locations. Another expressed a view that the event was “all about money and nothing to do with local businesses”. However, one respondent – also an individual – expressed their satisfaction with the proposals.

Managing adverse impacts

Do you think there are any exemptions or other measures that could be applied to help manage any adverse impacts from the proposed advertising measures?

Can you explain your answer to the above question?

One in five (19%) of those who answered this question indicated there could be ways to manage adverse impacts from the proposed measures; this was lower than the 38% who felt this was the case in relation to street trading laws. Just over half (52%) did not believe there are appropriate exemptions or other measures and 29% were unsure. While half of organisations indicated there could be mitigating approaches, only 7% of individuals felt the same with one third of individuals who answered being unsure.

Nine respondents left wide-ranging comments to explain their answer as to whether exemptions or other measures could be applied to manage adverse impacts from the proposed advertising measures.

Exemptions should be possible for certain businesses

A few organisations called for certain types of businesses to be exempt from the advertising measures. One organisation felt charities should be exempt as this would “allow charitable acts to be performed without compromising the curtailment of scams and ambush advertising”. Another felt allowing advertising in the communities near to events zones, such as in shop windows, would help strike a balance between protecting UEFA advertising rights and ensuring there was a “community feel” to the hosting of the event. DF Concerts and Events requested an exemption in recognition of the role they played driving tourism and in the absence of sufficient budget to allow them to become an official sponsor of EURO 2028.

Other issues

One individual felt demonstrations should be exempt from the advertising measures while another felt people should be able to operate without restrictions.

One respondent felt those authorised to advertise should be supported to maximise their income. They also called for ambush marketing restrictions to be extended to all events and emphasised the importance of digital information and communication:

“If ambush marketing provisions are important / sensible for the EUROs, they should be in place for all events – to protect all events commercial rights. If the current law is insufficient to protect commercial rights or events, governing bodies, teams, clubs – then change now to cover the EUROs and leave those protections in place for a better event sector future. Digital information and communication, including social media – can be used as a significant platform for ambush marketing, unauthorised advertising, merchandise trading – these areas should be specifically looked at regarding our (Scottish Government) desire to protect the rights of event promoters.” - Individual