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MMAJA issues statement on media waivers

May 12, 2020 by Jason Cruz Leave a Comment

The Mixed Martial Arts Journalist Association issued a statement regarding the waiver that media members have been asked to sign in attending UFC events during the COVID-19 pandemic.  They are imploring media members not to sign the waiver.

As reported, the waiver was signed by athletes, their coaches as well as media which includes language penalizing the individual if they were to speak about the UFC protocol.  Dana White addressed the issue stating that it only applies if someone were to lie. 

The MMAJA issued the following statement to its members:

The officers of the MMA Journalists Association are aware of a waiver that media members have been asked to sign when attending UFC events amid the COVID-19 pandemic. It is our opinion that this document is overly broad and overreaching in its scope, and may interfere with the ability of media members to do their jobs fully and effectively. We are advising members not to sign this document, even if it means foregoing in-person coverage of these UFC events.

We realize that this may put some MMAJA members in a difficult position, especially if they have been asked by their employers to attend and provide coverage of these events. To a point, we understand the UFC’s desire to take measures to protect itself legally and limit its own potential for liability during this uncertain time. We also understand the UFC’s desire to subject everyone who may come into contact with fighters or staff to COVID-19 testing and other reasonable safety measures.

But it is our belief that some of the restrictive language in the UFC’s agreement could have a chilling effect on journalists, possibly limiting their ability to fully and accurately report the facts. This is something we cannot support.

MMAJA officers reached out to the UFC to discuss the matter, but received no response. We also consulted with The Reporters Committee for Freedom of the Press (https://www.rcfp.org/), which offers pro bono legal representation and other resources to “protect First Amendment freedoms and newsgathering rights of journalists.” RCFP legal fellow William Powell’s interpretation of the UFC participation agreement that MMAJA members and other credentialed media were asked to sign was that it was legally questionable and potentially ethically problematic. Going forward, RCFP offered consultation for MMAJA members, and would provide contact for a media attorney in Nevada if any of our members want to discuss challenging the agreement on public policy grounds.

We encourage members to reach out to us if they have any questions or concerns about our position. We offer our full and collective support to any MMAJA members who may be facing pressure to sign this document, or consequences stemming from their refusal to do so. Again, please don’t hesitate to reach out to us either individually or collectively with any issues or questions that may arise.

Payout Perspective:

The official statement acknowledges the job requirements of covering a UFC event versus journalistic integrity.  It is the old slippery slope because the media gets depicted as either the puppet of the organization or “fake news” regardless of the media members decision to sign or not to sign a waiver.  The waiver does not necessarily limit the journalistic freedom of the media but it does create a chilling effect for future work with the promotion.  Obviously, if there is a newsworthy item that relates to COVID-19 that happens at the event, the media member is forced to weigh the ability to report versus some legal liability.  With the UFC in charge of media and who has access, and journalists that cover the sport in need of something to write about, the waiver does create a leash on the journalist. 

Filed Under: Coronavirus, MMAJA, UFC

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