Broadcasts, jerseys and banners – On sponsoring sport events
The men's FIFA World Cup 2026 in the USA, Canada and Mexico and the Women's World Cup 2027 in Brazil will be among the defining events not just in sport, but in the economy over the coming years. An audience of billions, global reach and highly complex marketing structures make the competitions some of the most significant platforms in the world for advertisers.
Especially at these kinds of major events, legal matters depend on precisely classifying the various forms of advertising, since much of what is viewed as or called a "sponsorship" in a TV broadcast must be strictly distinguished under the law and is subject to different requirements.
Not all sponsorships are alike
The scene is a familiar one: During the first half a famous German beer producer appears telling viewers to enjoy the game, a Japanese carmaker presents the pre-match coverage, a British bookie presents frame-by-frame analysis and replays, the logos of international airlines and sporting goods manufacturers take pride of place on the players' jerseys, various promotional animations scroll through the banners in the stadium and even the interview wall after the match is a dense mosaic of company logos, some well known, some less so. Are all of these the same? Not quite.
Broadcast sponsorships are subject to strict rules under media law
Only a small share of the total promotional marketing at such an event qualifies as sponsorships under media law and is therefore subject to the requirements in section 10 German State Media Treaty (MStV). This term "sponsorship" refers to financial or other support for broadcasts or broadcast segments provided by third parties which are not themselves the broadcaster for the purpose of raising awareness of their identity – particularly their name, brand or business activity – in connection with the broadcast (section 2 (2) no. 10 German State Media Treaty (MStV)).
The sponsorship of broadcasts and broadcast segments is subject to strict rules: Sponsors' messages must be clearly identified as such and must only come at the beginning or end of a broadcast or broadcast segment. A strict separation from the programme's editorial content must be observed; the sponsor is not permitted to influence the content or form of the broadcast. Furthermore, sponsors' messages must not be excessively promotional or call on viewers to immediately acquire goods or services. For example, it would not be permissible for an app provider to ask viewers in its message to "try the app today".
The increasingly common practice of splitting up broadcasts to create new slots for sponsorships is also legally problematic, as the advertising rules adopted by the media authorities under section 10 German State Media Treaty (MStV) specify that only "editorial content such as short broadcasts, programme segments and whole programmes" are eligible for sponsorship. This means that the particularly common practice in the American market of sponsoring individual statistical overlays, such as match or player statistics, likely would not be permissible in Germany. It remains to be seen whether such sponsors' messages – considering their dubious nature under German law – will be included in the global feed for World Cup matches produced in the USA and Canada and, if so, how the German media authorities will navigate this situation.
"Event sponsorship" as a legally undefined category
Sponsorships under media law are strictly separate from the marketing of the event itself: Advertising banners, stadium branding, partner placements and logos on jerseys are all based on agreements with participating teams, the stadium operators or FIFA (Fédération Internationale de Football Association) and are sold to fund the event. Legally these are considered "event sponsorships" – not broadcast sponsorships. The sponsor's involvement benefits the event rather than the transmission of the programme.
Event sponsorships are not generally subject to the strict requirements of sponsorships under media law. Instead, they are primarily based on contractual agreements between the contractual parties involved and on general specifications under competition and trade mark law. Accordingly there are no specific disclaimer obligations or comparable specifications regarding the placement or content of advertisements. This is even the case if the event and its advertising and sponsorship placements are shown in the broadcast. As long as the depiction of these placements in the broadcast footage is limited to what is actually happening at the event, there are typically no concerns to be had under media law.
The actual economic value of event sponsors' participation is typically not in being seen by a few thousand visitors to the stadium, but by the audience of millions watching on screens. This means that there is significant interest in having the greatest possible presence on screen. Broadcasters are also subject to strict requirements to keep advertisements and editorial content separate. The more that event sponsors' presentation on screen is controlled or emphasised – for example using precise camera angles, repeated close-ups on banners or logos or "beauty shots" that frame individual brands especially prominently – the more viewers may question whether this is a straightforward depiction of the event or a (covert) effort at promotion is also being made. In this case, the broadcast would no longer be classified as a simple depiction of the event, but as an independent advertisement that must be labelled as such and is subject to specifications under media law, including in particular the principle of separation of advertising from content.
Legally demanding: Interaction between event and broadcasting sponsorships
Making a legal classification becomes particularly difficult if a company appears as both an event sponsor and a sponsor for the broadcast. In this case, two generally admissible forms of advertising have a compounding effect: The formal sponsor's message is combined with the event sponsor's presence on screen. Though each of these may not raise any concerns when taken in isolation, the arrangement can court criticism if this combination produces a reinforced, multiplied promotional effect, so to speak.
This is the case particularly if the event sponsor has a prominent position – as the sole or dominant sponsor for example – and if accordingly its presence on screen can be seen frequently. The more the event sponsorship is designed to generate visibility through the broadcast rather than just through local advertising, the more likely it is that the additional combination with a sponsor's message may lead to an overall effect of increasing sales that is prohibited.
Such an arrangement is unlikely for the upcoming World Cup, however. Because of the large number of event sponsors involved simultaneously, their visibility in the broadcast footage will be shared, with the effect that exaggerated emphasis will not typically be given to individual brands – provided that the picture is not precisely controlled or emphasised as described above. Nonetheless, the interaction between different forms of advertising will still be decisive in individual cases in this area.
Broadcasters' involvement in event sponsorships Advertising with (virtual) banners
The structural tension described here is made all the more relevant by technological developments. While traditional broadcasts only show physical advertisements present at the venue and therefore include – generally permissible – event sponsorships in an editorial capacity, virtual advertising actively encroaches on the screen. Virtual (banner) advertisements are admissible under German law, though on the condition pursuant to section 8 (6) German State Media Treaty (MStV) that these are indicated at the beginning and end of the broadcast and that they only replace existing advertisements. In the context of the FIFA World Cup, this means that in particular the banners in the stadium and the on-pitch advertising can be covered in the broadcast footage and replaced with other promotional content.
This is especially economically appealing as virtual advertising makes it possible to add different promotional content to identical footage of a match depending on the target market. The result is that a spectator in Germany will see different brands and promotional content than one in the USA or Asia – even though the live transmission is the same. This gives rights holders and broadcasters additional, highly scalable marketing potential, because advertising space can be assigned to multiple specific target groups at the same time.
There is another benefit too: Although the virtual promotional content is subject to general specifications, particularly under competition law, the requirement for the editorial content and advertising to be separate and the other restrictions on advertising, for example related to the duration of the advertisement (section 70 German State Media Treaty (MStV)), generally do not apply to virtual advertisements. This means that the broadcaster can bring advertising to market without adhering to the strict regulations under media law.
Especially in the context of the 2026 World Cup, it is to be expect that this form of integration will receive intensive use. The resulting interweaving of event marketing and media marketing is therefore likely to become more significant, not just economically, but also in terms of regulations to which it is subject.
Sponsoring sporting events has its own rules
In the context of global sporting events, sponsorships are not a homogeneous instrument for marketing; they represent different legal categories, each with its own set of rules, interacting with each other. While broadcast sponsorships are subject to strict specifications under media law, event sponsorships offer greater freedom – up to the point that their presentation on screen itself becomes a regulated advertisement. Technological developments such as virtual advertising are shifting these boundaries more and increasingly making broadcasters independent actors in marketing.
For event organisers, broadcasters and advertisers, the precise legal category determines the limits and options for modern sports marketing – and often significant economic results. Fortunately though, spectators do not need to pay any attention to this: What ultimately matters to them are the thrills, spills – and that their team hits the back of the net.
You can find out more about advertising and the 2026 and 2027 World Cups here: Advertising for the World Cup – What is acceptable?
