While it believes every effort should be made to deter and discipline offenders, it rejects what it calls an "emerging trend" to make it a criminal offence.
The association has published a policy report on ambush marketing – that is, any general marketing activity (but not sponsorship) by those who are not sponsors or in any way officially involved with the sponsored activity.
Anti-ambush marketing legislation recently introduced in Italy for the Torino Winter Olympics has seen the creation of a new criminal offence that will condemn a broad range of marketing activities.
But ESA states that where specific anti-ambush legislation has been introduced, it has often had a significant direct impact on bona fide and legitimate sponsors.
ESA has also steered its policy away from recommendations outlined in the London 2012 draft UK legislation, which sets out strict rules to combat ambush marketing through the use of Games-related words and images by unofficial sponsors.
The association is concerned that anti-ambush laws and practices have brought the concept of sponsorship into disrepute.
It cites "over-zealous application" of the rules which has led to "embarrassing negative publicity for the event, the nation and the sponsors". Such cases include fans being ejected from stadia for wearing branded clothes, or having particular brands of soft drink removed from them on entry.
ESA insists that private individuals should not be targeted without evidence of intent to actively and unlawfully undermine an official sponsor's rights.
