As part of the new collective bargaining agreement between owners and major league players, Major League Baseball (MLB) has introduced a new social media policy for all 40-man roster players.

In an introductory memorandum to  affected players, MLB acknowledges the importance of social media and encourages player use for communicating with fans. It states, “We encourage you to connect with fans through Twitter, Facebook and other social media platforms….[W]e hope that your efforts on social media will bring fans closer to the game and have them engaged with baseball, your club and you in a meaningful way.”  In particular, the policy encourages players to use social media to

  • Interact with fans
  • Share non-confidential information about player activities
  • Highlight charitable and promotional activity that players are participating in personally or on behalf of their teams

MLB also reminds and cautions players, however, that while a tweet or a Facebook post might be made from their private phones, it is a public statement to a mass audience, not a private text to a friend. MLB further warns players to refrain from the the “heat of the moment” communications, adding that a message should be one they would be comfortable personally communicating in a press conference.

The policy, moreover, contains ten (10) express prohibitions on players’ use of social media.:

 1)    Players are prohibited from displaying or transmitting content that can be reasonably construed as official team or league statements without permission.

2)    Players are prohibited from using an MLB entity’s logo, mark, or written, photographic, video or audio property without permission.

3)    Players cannot link to any MLB entity website without permission.

4)    Players cannot communicate any content that contains confidential or proprietary information of any MLB entity or its employees or agents.

5)    Players cannot communicate any content that could be reasonably construed as condoning the use of any substance prohibited by major League Baseball’s Joint Drug Prevention and Treatment Program.

6)    Players cannot communicate any content that questions the impartiality of or otherwise denigrates a Major League Umpire.

7)    Players cannot display or transmit content that is derogatory or insensitive to individuals based on race, color, ancestry, sex, sexual orientation, national origin, age, disability, or religion, including, but not limited to, slurs, jokes, stereotypes or other inappropriate remarks.

8)    Players cannot display or transmit content that constitutes harassment of an individual or group of individuals, or threatens or advocates the use of violence against an individual or group of individuals.

9)    Players cannot display or transmit any content that contains obscene or sexually explicit language, images or acts.

10) Players cannot display or transmit any content that violates applicable local, state or federal law or regulations.

If a player violates the policy, he may be subject to discipline for just cause either by his team or the Commissioner pursuant to Article XII of the collective bargaining agreement

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.