The internet is becoming more accessible to individuals throughout the world. With more access to the internet, there is a growing population on the social media platforms. Social media platforms, such as Facebook (Meta), X (Twitter), Snapchat, and YouTube. These platforms provide an opportunity for engagement between consumers and producers. 
Leagues such as the MLB, NFL, La Liga, and more have created an account, establishing presences in the social media world where they may interact with their fans (consumers) and their athletes (employees).
Why Social Media matters in sports.
As presence on Social Media platforms continue to grow so does the need for businesses to market themselves on the platforms. Therefore, leagues such as the MLB have created policies for its employees and athletes to follow. The MLB is a private organization even though it is spread around the United States. Usually sports leagues are private organizations headquartered in a specific state, New York HQ is where employees handle league matters. These organizations may create their own policies or guidelines which they may enforce internally. Even though organizations such as the MLB may go ahead an place their own policies, they must abide by Federal and State labor, corporate, criminal and more types of law. The policies that these leagues provide can give the leagues more power to ensure that they are abiding by the laws necessary to continue on the national and at times international scale.
MLB’s Management of Social Media.
MLB’s Social Media policies are prefaced by this paragraph explaining who within the MLB establishes the policies. “Consistent with the authority vested in the Commissioner by the Major League Constitution (“MLC”) and the Major League Baseball Interactive Media Rights Agreement (“IMRA”), the Commissioner has implemented the following policy regarding the use of social media by individuals affiliated with Major League Baseball and the 30 Clubs. Nothing contained in this policy is intended to restrict or otherwise alter any of the rights otherwise granted by the IMRA.” To enforce power and regulation in Social Media, the league has referred to their Interactive Media Rights Agreement and their commissioner. These organizations generally will have an elected to serve the organization and help with executive managerial decisions.
There is a list of 10 explcit types of conduct related to Social Media for which the MLB Prohibits (A few rules that stand out will be listed):
2. Using an MLB Entity’s logo, mark, or written, photographic, video, or audio property in any way that might indicate an MLB Entity’s approval of Content, create confusion as to attribution, or jeopardize an MLB Entity’s legal rights concerning a logo or mark.
3. Linking to the website of any MLB Entity on any Social Media outlet in any way that might indicate an MLB Entity’s approval of Content or create confusion as to attribution.
NOTE: Only Covered Individuals who are authorized by the Senior Vice
President, Public Relations of the Commissioner’s Office to use Social Media on behalf of an MLB Entity and display Content on Social Media in that capacity are exempt from Sections 1, 2 and 3 of this policy.
5. Displaying or transmitting Content that reasonably could be construed as
condoning the use of any substance prohibited by the Major or Minor League Drug Programs, or the Commissioner’s Drug Program.
7. Displaying or transmitting Content that reasonably could be viewed as
discriminatory, bullying, and/or harassing based on race, color, ancestry, sex, sexual orientation, national origin, age, disability, religion, or other categories protected by law and/or which would not be permitted in the workplace, including, but not limited to, Content that could contribute to a hostile work environment (e.g., slurs, obscenities, stereotypes) or reasonably could be viewed as retaliatory.
10. Displaying or transmitting Content that violates applicable local, state or federal law or regulations.
Notice that these policies are provided to the organization as a whole, but there are exceptions for individuals whose role for the league involves Social Media. Workers are privileged to not be bound by rules 1-3 but employees/athletes such as Ohtani are bound.
Mizuhara/Ohtani Gambling Situation.
One of the biggest stories of the MLB this year was the illegal gambling situation of Ohtani and his interpreter. In the MLB’s policies, gambling is strictly prohibited regardless if it is legal in the state where the athlete is a citizen.
In California, the state has yet to legalize betting. Therefore to place a bet, one would have to do so with a bookie and bookkeeper, not with an application such as Fanduel or go to a Tribal location where gambling is administered.
Per the commissioner’s orders, the MLB launched an internal investigation on the matter as the situation involves violations of their policies and even criminal acts. The MLB may deem a punishment they find fit at the end of their investigation. However, the DOI is limited to how much the MLB funds them. The MLB’s Department of Investigation can only do so much with the limited resources that the MLB provides them to conduct investigations.
However, Ohtani was found to be a victim and there was a federal investigation launched. The complaint lists many counts of bank fraud allegations. In conducting the investigation, a forensic review of Mizuhara’s phone and texts were acquired. In addition, so were the suspected bookkeepers. There was evidence of the individuals discussing ways to bet, how to earn and pay debts, and discussions of wiring money from banks in excessive amounts.
What Does This All Mean?
The law and its administrations are beginning to adapt and acknowledge the presence of the internet. It is common to find Phones and communications through the internet seized for evidence in cases. The internet is essential for life. It must be determined if, as a society, do we want to have limits set since we are required to use the internet to live. Also, if we want to set limits to speech dependent on employment.