Norwegian club SK Brann claimed victory for free speech on Sunday with the Court of Arbitration for Sport (CAS) ruling that they did not have to pay a fine imposed by UEFA after fans chanted “UEFA Mafia” and displayed banners with the same message.
European football’s governing body fined Brann €5,000 ($5,500) for “provocative messages of an offensive nature” at a women’s Champions League game and rejected an appeal by the club in March last year.
Brann were fined on another occasion as well and the club took the matter to the CAS which, they said, had agreed that UEFA’s rules “must be interpreted in light of fundamental human rights such as freedom of expression.”
“We are very pleased with the ruling from CAS,” Brann president Aslak Sverdrup said.
“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.”
Brann said the decisions taken by UEFA’s disciplinary body and its internal appeals body had been set aside.
“CAS agrees that the use of the term ‘UEFA Mafia’ must be understood as a reference to UEFA as a closed group of people who exercise significant control over a specific area of society – that is, as a satirical and power-critical statement,” the club said in a statement.
“CAS agrees with Brann that this cannot be considered offensive or provocative, and therefore could not justify fines against Brann.”
Brann said UEFA had been ordered to pay the club’s legal costs and a full verdict was expected next week.
UEFA said it acknowledged receipt of the CAS award of the fine being set aside but disagreed with Brann’s reading of the decision.
“In the present case, in no way has CAS affirmed that freedom of speech could justify that so-called ‘fans’ make offensive statements,” UEFA said in a statement.
“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’.
“UEFA’s disciplinary bodies will continue to apply their policy of zero tolerance against inappropriate behaviour to ensure that UEFA matches are not the stage for violent, racist or offensive behaviours that are not fit for sports event.”
