Letter of the Day
August 21, 2002
The sponsorship imbroglio
I have been one of those many Indian fans who wish that Indian cricket
players would concentrate on their cricket rather than on marketing
themselves. But I can't help but feel sympathetic to their plight as
the current imbroglio with the ICC threatens our participation in the
Champions Trophy. There are a number of issues that are coming to a
head here, and they need to resolved quickly, amicably, and in ways
that are in the players interests.
1. Nitty-gritty with respect to the ICC:
One can understand the ICC wanting to protect their sponsors'
interests around big tournaments, but there are ways to do so and
there are ways not to do so. True to form, the ICC has opted for the
latter.
If these contracts are indeed so important, they need to have been
circulated well in advance of the Champions Trophy, not at the last
minute and in hurried fashion. Indeed, as the Indian players point
out, the contracts have been circulated so late that just by signing
the contracts the Indians could be said to be violating them (because
of the one-month on either side of the Champions Trophy clause). The
ICC has once again eroded its credibility (if it could be eroded any
further) by failing to act in a sensible, organized manner, like any
international governing body is expected to.
What really nauseated me however was Malcolm Speed's pious assertion
that players should put country before cash. But of course, this
controversy has nothing to do with country at all -- it is about ICC's
cash versus players' cash. To project the ICC's corporate interests as
synonymous with the players' national interests in both factually
wrong, and cynical and manipulative in the extreme.
2. Nitty-gritty with respect to the BCCI
It would have been nice if the BCCI had at least taken the players'
side on this matter. Simply voicing sympathy with the players'
predicament is not taking sides. The players have quite clearly
enunciated their reservations about the clauses, and many of those
reservations have to do with ambiguities in the wording of the clauses
that raise doubts about the _legal_ status of players' existing
contracts with other sponsors. In other words, it's not just about
money, but about wanting clear, specific and legally grounded
clarifications on a number of ambivalent points in the contract.
It is the job of the ICC or the BCCI to provide these clarifications. Neither compensating players for money lost nor asking them to sign a provisional one month contract addresses any of these legal ambiguities. For Chandu Borde to ask the players to read the
contract carefully so that it resolves itself is not very helpful. Clearly the players have read the contract carefully, and it hasn't resolved itself; and anyway, if the players are to put country before cash, as Malcolm Speed would like them to, then the BCCI should
be ensuring that the contracts are properly explained to the players, so that the players can spend their time in the nets instead of reading contracts.
But there are two more troubling contradictions. The first has to do
with the BCCI's "sympathetic" assurance that they will help players
even if they find themselves in a litigious position. This implies
that the BCCI agrees with the players that signing the ICC contract
could put them in a litigious position with their existing
sponsors. If that is the case, why are they not supporting the players
interests to the ICC? Does the BCCI really want Indian cricketers
spending time and energy in the courts, battling sponsorship issues?
And is the BCCI willing to go beyond paternalistic assurances to
actually, legally undertake to represent the players in court in case
of litigation? Without this assurance, how on earth can the players
agree to sign a contract that even the person who is asking them to
sign is casting doubts on the legal validity of?
The second has to do with the annoyance shown by the BCCI to Ravi
Shastri's intervention on behalf of the players. Clearly the BCCI is
willing to be "sympathetic" to the players as long as their is no sign
of the players being represented in any way -- viz. as long as the
players are completely powerless to do the BCCI's bidding. The minute
the players have a representative, even a de facto one, it seems like
the BCCI's feathers are getting ruffled. Why is that? After all, Ravi
Shastri is merely acting as a messenger, so the argument that his
arrangement with WorldTel puts him in a position of conflict of
interest is a completely specious one. Does the BCCI really want the
players to spend all their energies arguing with the Board, when they
have a Test match to play in two days time? Isn't it in fact in the
interests of Indian cricket -- which BCCI claims, and has a duty, to
represent -- that the players have someone talking on their behalf?
3. Larger questions:
It has become evident, both in football and in tennis, that governing
bodies in sport have ceased to exist for the benefit of the players,
and purely exist as corporate money-making machines. This was clearly
voiced by Lleyton Hewitt recently, and is clearly seen in football
World Cups that are constantly marred by injured and fatigued star
players. The level of injuries, and the early retirements and "breaks"
taken by leading cricketers, indicates that this malaise has very much
reached cricket too. Players clearly are vulnerable here, since their
opting out of tours, on account of injury or otherwise, opens the door
for other aspiring players to take their places. Players interests
desperately need to be represented, so that they play a sensible
amount of cricket, and are adequately compensated for it. That all the
major national captains echoed these sentiments, but were not even
listened to by the ICC, shows the blatant disregard that the ICC has
for the players. In these situations, it is vital that national boards
represent their players interests, not as if they are performing some
magnanimous gesture, but because players are equal negotiating parties
whose interests and rights need to be respected. With both the ICC and
the BCCI failing to take the players' interests into account, it is
imperative that they unionize like players in other countries have
done. Meanwhile, the decision to send a second-string team to Sri
Lanka is completely unacceptable, and that it is being suggested by
Board members that they are doing Sachin, Sourav, Dravid and Sehwag a
favour by dropping them (and thereby not forcing them to sign their
contracts) is cynical in the extreme. Effectively, the players are
being prevented from playing, and plying their trade, illegitimately.
Malcolm Speed and Jagmohan Dalmiya should remember that spectators and
sponsors pay to see the players, not the administrators. The game
could go on very well (probably better) without its arrogant and
ineffective bureaucrats. It couldn't without the best players to entertain
and enthrall. The job of the governing bodies at all levels should be
to ensure player welfare. Otherwise very soon they won't have any
sponsors to protect from ambush marketing.
Kaushik Sunder Rajan
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