Introduction

Back in 2008, HBO faced a significant legal issue that was then considered one of the highest-profile defamation cases in recent times–Real Sports With Bryant Gumbel and child labor laws (George, 2018). Worldwide soccer brand Mitre Sports International sued HBO, claiming that the footage they showed of child laborers stitching soccer balls for mere pennies was dramatized, fictitious, and definitely a hoax. Mitre accused HBO of fabricating and staging these segments on its show in an effort to bring attention to and ultimately end child labor worldwide (Gardner, 2015). For the next six and a half years, HBO and Mitre were embroiled in a contentious lawsuit as HBO gathered evidence and depositions from children working in India for the company (George, 2018). Interestingly enough, once the lawsuit went to court in 2015, the case took one month to litigate and only five hours for a jury to return a verdict in HBO’s favor. This particular lawsuit is an excellent example of how one brand–HBO–has combined investigation, strategic thinking, excellence in design, project management skills, incredible patience, obsession with details, and the innate ability to synthesize the massive amounts of information in order to build a cohesive brand that is committed to its values and mission with integrity (Wheeler & Meyerson, 2024, p. 108).

Consumer Perceptions and Engagement

While there was a favorable resolution for HBO regarding this lawsuit, there was much at stake for the entertainment powerhouse during those six and a half years. While the company was in the midst of this controversy, they were producing other high-profile documentaries, including The Jinx and Going Clear, in addition to their partnership with the expanded Vice media company (Steigrad, 2015). If things had not gone HBO’s way, it would have injected serious credibility issues into HBO’s burgeoning journalistic aspirations. Moreover, it would cast aspersion on the integrity of the organization in general. The media giant could have been seen as exploiting a serious human welfare issue in order to make a profit. According to Mitre, HBO was accused of “intentionally and maliciously [perpetrating] a hoax on Mitre and the millions of viewers who watched the initial and subsequent HBO broadcasts and who have viewed the program on YouTube and other internet sites” (Mohamed, 2020). Unfortunately, we live in a world where people often believe the worst things that are reported in the news. Brands are more often than not perceived as doing anything for profit, even if it means maligning the truth. Therefore, this particular statement would tend to color the perception of the brand, and it made matters worse that the lawsuit lasted over six years with this cloud hanging over its head.

The more interesting part of the story is how this lawsuit affected the engagement of both brands–Mitre and HBO. HBO claimed it was generous and accurate to Mitre by not airing certain more damaging footage in the final show (Atkinson, 2015). Still, Mitre claimed that HBO set out to intentionally target them when it decided to do a special highlighting child labor. HBO claimed it had been looking for big-name companies, but when it found child laborers working for Mitre, that is what it chose to air.

Following the segment’s airing, Walmart allegedly dropped the Mitre brand balls from its stores, thus impacting the brand financially and damaging its reputation. As a result of HBO’s investigative reporting, it was discovered that Mitre was out of compliance with established protocols to protect children, which went against the company’s claim to be a major advocate against child labor exploitation. HBO continued to operate normally in spite of the lawsuit, and if anything, its viewers saw it as a positive brand that was willing to bring to light serious issues such as child labor.

Implications For the Brands

While HBO emerged from this lawsuit relatively unscathed, Mitre did not fare so well. Although both brands continued to exist following this lawsuit, HBO was able to continue its journalistic documentaries, having uncovered a critical issue in the world today. In fact, following this lawsuit–even several years later–major companies that represented over eight hundred brands worldwide made official pledges to not knowingly purchase supplies and products from child laborers (Responsible Sourcing Network, 2011). HBO brought a significant humanitarian concern to the forefront and even won a lawsuit over it. Mitre, along with many other companies, was forced to rethink its principles regarding the protection and exploitation of children. This lawsuit highlighted the fact that in a world where customers can be made privy to any unethical or illegal practices, it is wise for all companies to err on the side of caution and take all necessary steps to avoid such legal issues that could ruin the brand’s reputation forever.

Mitre Sports should have done several things differently to avoid this entire court battle. As a result, it was determined that several of its practices were not succeeding in this endeavor to protect children:

• Larger sports brands operated more responsibly by using manufacturers in places like Pakistan that are watched much more closely, and Mitre could have incorporated a similar practice.
• Mitre’s partner, which helped it monitor its three thousand locations, only employed four people, resulting in significant inadequacies in monitoring the locations.
• Previously, Mitre had an independent monitoring program, but that stopped back in 2003.
• The company relied on video footage that it claimed singled them out for breaking child labor laws, but in the end, that extensive footage helped turn the verdict against them.
  (Atkinson, 2015)

Strategies For the Future

As for HBO, there may have been little it could have done to prevent a lawsuit. It is safe to assume that if a company like HBO uncovers a practice that is illegal and/or unethical and chooses to expose it, the company is always going to face the potential of being sued by a company like Mitre that lost business and reputation. Knowing this, HBO was well-prepared for this situation by doing the following things:

• They hired a top-notch litigator who was well-versed in handling defamation cases and lawsuits such as this.
• The company’s producers went to India and conducted extensive research, documenting everything, including over eighty hours of footage, before they even brought the show to light. The fact that they had the preponderance of evidence boded well for them in court.
• The company focused on a real-world issue and provided irrefutable evidence to address the situation, which connected with the jurors, even though the judge may not have been overly favorable to HBO. The company let the evidence and gravity of the issue speak for itself.
• Patience and being willing to wait it out without seeking a quick fix to make the lawsuit disappear were also something HBO did right. The fact that they did not fold to Mitre’s claims set an excellent example for companies that are committed to highlighting issues such as this and not being afraid of the backlash.
  (Atkinson, 2015; Gardner, 2015; George, 2018; Steigrad, 2015)

Concluding Thoughts

In conclusion, I cannot think of anything else that HBO could have done to avoid this lawsuit. Mitre was upset that they had been found out and lost business and their reputation as a result of a show that exposed unethical labor practices. Even though HBO is in business to make money, and this show continued to run for many years following this lawsuit–a full 29-year run–it demonstrates that this kind of show did well for the network and brought in substantial profit (Battaglio, 2023). The fact that it was not canceled and the network continued its hard-hitting social issues reporting within the world of sports confirms that this kind of show was something special and willing to delve beneath the surface. This lawsuit was only one story they covered. The intent of the show was to uncover social issues within sports, and they covered in depth the ramifications of concussions on athletes as well as the deaths of migrants who worked building World Cup facilities. HBO understood the risks with this kind of show, so lawsuits were expected and planned for. That is the smartest thing HBO could do, and the length and popularity of the show demonstrate that it resonated with the viewers and was very popular. HBO is to be commended for being prepared and following proven methods to accomplish its business goals while building its identity and credibility, as it understood the risk of what it was uncovering (Wheeler & Meyerson, 2024, p. 109). HBO was prepared to face the consequences that its actions may bring, and in the end, it emerged triumphant.

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