On the Ball 12 - When does football chanting go too far?
Supporting your team: When does football chanting go too far?
Introduction
Collective chanting by fans encouraging their team or insulting the opposition is at the very core of what it means to be a football fan. In turn clubs actively encourage fan atmosphere by aiming to create fortresses where visiting sides will struggle to get a result: imagine the pressure of taking a penalty in front of the baying Kop, or defending a corner whilst the Pompey chimes bellow out from Fratton Park. How often do you hear of the importance of the so-called twelfth man? However when do the actions of some supporters go too far?
A chant too far?
During the Teesside-Tyneside derby match in December 2008, Mido, Middlesbrough’s Egyptian forward, was subject to Islamaphobic taunts from Newcastle United fans. It resulted in two men being found guilty of “indecent or racialist chanting” under the Football Offences Act 1991 (the “Act”). More recently, four Tottenham fans were banned from every football ground in the country after admitting to abusive chanting directed at England and Portsmouth defender Sol Campbell. Campbell left Tottenham to sign for arch-rivals Arsenal in 2001.
The conviction of the Tottenham fans was a direct result of an investigation by Hampshire Police called ‘Operation Decorum’ after a complaint was made by a member of the public regarding the treatment of Campbell. Portsmouth Magistrates Court was shown a ten-minute video of CCTV footage which captured the chants made by the fans, ultimately leading to their conviction. This is not the first time that the authorities’ scrutiny has followed football supporters: prior to Liverpool’s two games against local rivals Everton in January of this year, Merseyside Police compiled a ‘dossier of offensive chants’ with Chief Superintendent Dave Lewis stating that they would “speak to the CPS (the crown prosecution service) to see if what is sung is viewed as abusive”.
The Law
There are two separate offences, chanting which is “indecent” or “racialist”. Nick Hawkins, Chief Prosecutor for Hampshire and the Isle of Wight in the case against the Tottenham fans, stated that “we draw the line between good natured, humorous chanting at football matches and indecent abuse”. So when is that line crossed? The Newcastle fans chanting at Mido claimed that they were merely referring to Mido’s apparent resemblance to the infamous shoe bomber, Richard Reid – and therefore their actions were not racist or indecent, but humorous. However, the court disagreed and the chant was deemed to have crossed the line.
An “indecent chant” cannot be defined; instead it will be for the police and the courts to decide what will fall into this category, and ultimately each case will have to be decided on its merits. In his summing up following the ruling against the Tottenham fans, the judge said: “Whether or not Mr Campbell was offended, decent members of the public found this offensive and so did the bench. Anyone who indulges in this disgusting behaviour will be dealt with very seriously by the courts.” It is worth noting that there were seven other defendants, including three minors, charged in the Campbell, case who have all pleaded not guilty. They are all currently awaiting trial on May 13th 2009, and their defence hinges on their claim that what they chanted was not offensive.
Although no-one would condone the abuse directed at Campbell, abuse that is in poor taste should not necessarily be illegal. Having a case by case approach to what is indecent clearly reflects this fact; however, this flexibility also brings problems of its own.
Inconsistency is not the only issue, after his preparation of a ‘dossier of offensive chants’ Chief Superintendent Dave Lewis stated “we won’t be arresting hundreds as we haven’t got the resources to do so and could prompt a melee”. This attitude is reflected in the Statistics on Football-Related Arrests and Banning Orders, Season 2007-2008 released by the Home Office last November. This shows that the number of arrests made due to offensive chanting was only 23 in the 2007-2008 season. Police sometimes consider the punishment of offenders to be an issue for the club itself; therefore actions infringing the Act which may be considered non-harmful e.g. a good-natured, small pitch invasion. Usually arrests are only made when such actions are likely to result in the committing of more serious offences.
Daniel Geey and Tom Pond
About our Editor
Daniel Geey is a solicitor in the Competition and EU Regulatory Groupat
FFW. Daniel has a keen interest in sports law and has experience
indealing with English Premier League Rules and broadcasting revenues.
Hehas written various articles which have included competition
issuesrelating to the Premier League's television deal as well as
papers onEuropean football broadcasting rights, club ownership,
takeover codeissues as they
relate to football clubs and copyright issues regarding football broadcasts.
Daniel Geey
e. daniel.geey@ffw.com
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