April 8 – Norwegian club SK Brann have claimed a legal victory after the highest court in sports ruled that UEFA should not have punished the club for fans singing ‘UEFA mafia’ or displaying banners with the same message at Women’s Champions League games.
The Court of Arbitration for Sport (CAS) ruled against the European governing body which had slapped Brann with a €5,000 fine for “provocative messages of an offensive nature” and rejected an appeal by the club last year.
However, the Norwegian club took the matter to CAS which ruled in favour of freedom of expression. The court argued that whether a statement is offensive or provocative must be interpreted in light of the actual context.
CAS also agreed with Brann that UEFA’s disciplinary regulations must be interpreted in light of fundamental human rights such as freedom of expression.
“We are very pleased with the ruling from CAS,” said the president of Brann Aslak Sverdrup. “It’s not every day a club from Norway moves all of football Europe, but today we actually do. In a world where freedom of speech is under attack, this is an important and correct ruling
“SK Brann wish to thank those who have contributed to this case, especially Jan Magne Isaksen and Erlend Aarlien, our two lawyers, who have been solid throughout the entire process.
“We also wish to thank the supporter leader Erlend Vågane for the good co-operation, and our own football president Lise Klaveness for facilitating the meeting in Nyon and for being a clear voice in the debate. We also thank UEFA’s administration for good dialogue in Nyon and London prior to the case.”
Brann said UEFA had been ordered to pay the club’s legal costs.
The European confederation issued a statement with its own interpretation: “In the present case, in no way has CAS affirmed that freedom of speech could justify that so-called ‘fans’ make offensive statements. Moreover, CAS has confirmed that ‘UEFA has the legitimate regulatory interest of securing public safety and preventing disorder or improper conduct during a football match.”
Contact the writer of this story, Samindra Kunti, at samindra.kunti@insideworldfootball.com