Model Framework for Statements from TOs and Judges following Player Investigations

There have been several recent discussions over whether tournament organizers (TOs) and/or members of the judging staff can or should release statements either proactively or responsively communicating their side of the story regarding an investigation and subsequent ruling(s) regarding player conduct in a Magic tournament.

I've seen several people suggest that these statements became less common in large part due to fear of defamation claims related to the statements.  As is often the case in the Magic community, people have fears and impressions of the legal frameworks that don't really match reality and don't correspond to actual examples of lawsuits or claims, just imagined ones.  However, it generally is a good idea to take steps to manage the risk of defamation related to these statements, and saying nothing publicly is a very crude and extreme way to manage the risk. 

Below is a framework organizations and individuals can freely use and/or adapt to provide guidance to those crafting these statements and to craft a disclaimer alongside the released statement in order to greatly reduce the risk of legal claims related to these statements, hopefully thereby making what I perceive to be an already unlikely source of liability even less likely.  (Model frameworks are not a substitute for legal advice, but can be useful as a starting point).  

Model Framework for Statements from TOs and Judges following Player Investigations

Objective:

To provide clear, accurate, and legally sound communication regarding the findings and decisions of investigations, while minimizing the risk of defamation claims.

Key Principles:

Focus on Steps Taken and Qualify Statements of Knoweldge:

Draft statements should be based on the steps taken during the investigation (on which the author is an authority) and on conclusions (essentially and importantly, opinions of the investigator(s)).

Discussion of conclusions needs to be qualified and grounded in the role of the investigator as someone applying the Magic rules and procedures, not determining guilt or 100% proof of facts.  Use clauses such as, "In our opinion, it was more likely than not that ____ took place." or "Based on the information gathered, we felt and still feel that the criteria for Unsporting Conduct - Major were met."  

Avoid making definitive claims or assertions that imply certainty beyond the evidence available. 

Steer clear of speculative statements or language that could be interpreted as conclusive judgments about the player's actions or character.

Example: Instead of "The player committed this infraction," use "The investigation found evidence supporting this infraction."

Respect for All Parties:

Ensure the statement reflects respect for all individuals involved, including the player under investigation.

Transparency and Fairness:

Emphasize the organization's commitment to a transparent and fair investigation process.

Outline the steps taken during the investigation and the basis for any decisions made.

Template Language Examples:

• "The investigation conducted by [Organization] has revealed evidence that suggests..."
• "Based on the testimonies and documents reviewed, it appears that..."
• "The judging staff has concluded, based on the findings, that..."
• "We remain committed to ensuring a fair and transparent process for all parties involved."

By adhering to these principles and using the provided template language, drafters can create statements that inform the public while reducing the risk of defamation claims.

Model Disclaimer for Inclusion in Public Statements

The following statement is provided by [Organization/Individual] to inform the public about recent developments concerning [Player's Name]. This statement reflects the findings and decisions made by [group making decision] based on the investigation conducted. The information herein is presented in good faith and is intended to provide transparency and clarity regarding the actions taken.

Please note that the details included are based on the evidence and testimonies gathered during the investigation process. All investigations, including this one, may not reveal all relevant information and may not arrive at the most fair conclusion, despite the efforts of each participant. 

This statement contains only our opinions regarding what took place (which may differ from the opinions held by others, including the player(s) under investigation) and our opinions regarding whether what took place met or did not meet the criteria for any disciplinary action(s) considered or taken. 

We emphasize that [Organization] is committed to upholding the principles of fairness, integrity, and respect for all parties involved.

-Matt Sperling

The information provided in this model framework is for general informational purposes only and is not intended to constitute legal advice.  It should not be relied upon as a substitute for professional legal advice.

The application of laws and regulations may vary based on specific facts and circumstances, and only a qualified legal professional can provide guidance tailored to your individual situation.  For any legal concerns or questions, please consult with a licensed attorney in your jurisdiction.

This work is marked with CC0 1.0