With the opening ceremony in the Trocadéro Gardens and along the Seine River on July 26, the Paris 2024 Olympics officially kicks off. For about two weeks, the French capital will host more than ten thousand athletes, engaged in 32 sports and 329 competitions, all united by a single dream: to become Olympic champions.

In Paris 2024, many athletes will arrive thanks to the support of Federations and National Olympic Committees, but also companies that have allowed them to cultivate their talents and focus on their sports careers.

Since this is the largest and most important sporting event globally, moreover calendared every four years (in the two versions, summer and winter), the issue of how athletes can enhance the value they can give to their partners on their communication channels and the use that companies can make of the image of the athletes themselves becomes central. This is all the more true for those athletes in disciplines that hardly reach the limelight (international, or even national) except by the light of the Olympic flame.

Things, however, are not so simple, and this is because of Rule 40, a provision of the Olympic Charter that defines the principles under which Olympic participants can be involved in, participate in, or be the subject of activities of a commercial nature during the Games. 

Rule 40 and ambush marketing

First incorporated in 1991, Rule 40 is intended to protect official Olympic Partners from so-called Ambush Marketing, a strategy whereby unofficial partners seek to exploit the attention of an event, in this case, the Olympics, without paying sponsorship fees.

However, over time, especially with the advent of social media, the restrictions imposed by Rule 40 began to generate discontent with the severe limitations in the opportunities for athletes to promote themselves and the companies that sponsor them.

Therefore, in 2019, the IOC decided to update the rule and create the “Key Principles,” fundamental guidelines that participants, namely athletes, coaches, trainers, and official team members, must follow. Rule 40 comes into effect on the opening day of the Olympic Village (in the case of Paris on July 18, 2024), until two days after the conclusion of the Olympics (August 13, 2024).

For Rule 40 to be enforced, the IOC and National Olympic Committees have divided the oversight work: the former is responsible for marketing activities at the international level, the latter for those at the individual Country level.

In case of failed compliance with the Key Principles, after evaluating each situation, the IOC and National Olympic Committees will decide whether to request the removal or modification of the advertising content. In the most serious cases, they move on to sanctions. In this case, the IOC advises the National Olympic Committees to opt for monetary measures rather than sports sanctions, such as withdrawal from the Olympic Games.

What Non-Olympic Partners can communicate during Paris 2024

Outside the period of the Olympic Games, Non-Olympic Partners are allowed to use the image of a Participant, as long as the communication has a non-Olympic theme, and especially as long as the communication does not suggest a connection - of any nature - between the Non-Olympic Partner and the Olympic Games, as well as the IOC, the Organizing Committee of the Olympic Games or the National Olympic Committees. This means that they are not allowed, either with words or images:

- to use Olympic Properties, such as, for example, the five-circle Olympic symbol or mascot;

- to make references to the host Country (in this case France, Paris, etc.) and its characteristic elements;

- to use images of sports that create a more or less direct association with the competitions to be held at the Olympic Games;

- to adopt references such as “Road to Paris” or similar.

During the period of the Games, however, Non-Olympic Partners may use a Participant's image only if:

- they have his or her permission;

- they comply with IOC and NOC's policies on any categories incompatible with the values of the Olympic Movement;

- the advertising does not include Olympic Properties or images;

- there is no product endorsement or link to the Participant's performance (the athlete is not winning because of the performance of shoe X, or supplement y);

- the advertising is generic.

When Rule 40 speaks of “Generic Advertising,” it means that:

- the use of the Participant's image is the only link between the marketing activity and the Olympic Games, as well as the IOC, the Organizing Committee of the Olympic Games, the NOCs, or the teams;

- the marketing campaign has been public since at least 90 days before the opening of the Olympic village (in 2024, therefore, from April 19 at the latest);

- the media plan does not include increased investment during the Olympics.

Exceptions are, however, made for seasonal marketing campaigns and in case some Participants have qualified close to the Olympic Games, but the IOC must approve any request for exceptions.

Non-Olympic Partners cannot post congratulatory or supportive messages for participants or teams during the Games, hence will have to wait until August 14. Only Olympic Partners can share such content during this period.

On digital platforms, Non-Olympic Partners cannot share content from the IOC, the Olympic Organizing Committee, the Olympic Channel, NOCs, Participants, Federations, or National Teams competing in the Olympics. They also cannot use influencers, content creators, or bloggers to communicate a link to a participant.

For example, a campaign featuring athletes in front of the Arc de Triomphe with references to the Olympics would not comply with Rule 40. Instead, a pre-Olympic training image mentioning the athlete's achievements and future hopes, without implying an Olympic connection, would dodge the Rule 40 restrictions and the related issues.

Anti-historical? Perhaps so. Especially since companies, notably major ones, are often full-fledged media nowadays, with arguably greater penetration than some “official” accredited media. 

However, leaving in the background all too obvious considerations about enhancing the value of the world's most important sporting event, the IOC also justifies this 'tightening' by the role of the Olympic committee for the promotion of sport: in other words, the 'greater leverage' that the Olympics generates vis-à-vis its commercial arrangements is instrumental in reinvesting resources for the development of sport, especially in emerging Countries. The argument has a decidedly Olympic slant, we have to admit.

What athletes can share during Paris 2024

As for athletes, the guidelines provided by Rule 40 are all related to the use of their social media profiles, with which they can thank non-Olympic partners, even during the Olympics, as long as they limit themselves to one post per company.

It’s important that in the post:

- the athlete does not tie his or her performance at the Games to the product or service that Non-Olympic Partner provides;

- there is no form of endorsement of the product, only a ‘thank you’;

- no connection is suggested between Non-Olympic Partners and the Olympic Games, IOC, the NOCs, or to the teams;

- no Olympic Properties are shown or mentioned, such as, for example, the Olympic uniform or the five circles.

For athletes, posting content from the streets of Paris in an Olympic uniform, and tagging a Non-Olympic Partner, would not be a good idea, according to Rule 40.

Far better to hope that an opportunity will come along to share an iconic snapshot, of a particular moment in one's life or activity away from the Olympics, and mention the Non-Olympic Partner in the caption, thanking it for providing valuable support in experiencing a moment they are unlikely to forget.

As long as they don’t mention that that moment is the clinching of the Olympic dream, they will be fine. 

It's always about strategy

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