Disciplinary provisions for hate speech in football: comparative perspectives

Abstract

Incidents of alleged racism between participants (primarily between opposing players) in team sports at the elite level have been subject to specific engagement by the relevant sports-based disciplinary procedures. In English football, two incidents in 2011 gained significant media coverage: the first involving the Liverpool player, Luis Suarez, who was penalized with an eight-match ban, the second involving the Chelsea player, John Terry, who received a four-match ban. Terry was also prosecuted and acquitted for a racially aggravated public order criminal offence. These two incidents demonstrate the increasing quasi-criminal nature of sports disciplinary procedures that can be seen as exhibiting characteristics of formal rationality, conflict-based adjudication processes and a punitive nature. This article provides a comparison with the Australian Rules football approach to incidents of this type, where a more overtly conciliatory approach has been adopted, with elements of mediation between the participants concerning allegations of inter-player racism.

Notes

^1. See further www.zeshrehmanfoundation.org.

^2. An example of ‘legitimate’ abuse between participants would be sledging in cricket. As far as controls on spectator abuse, see bbc.co.uk ‘Liverpool FC stafff get insults guide to curb fans' abuse’ (www.bbc.co.uk/news/uk-england-merseyside-23510657, accessed 1 November 2014).

^3. For further information on engagement with spectator racism, see McNamara (2000), Cazaly (2012), and Gardiner (1998).

^4. Examples include, in 1995, the FA investigated allegations made by Arsenal F.C. player, Ian Wright that Manchester United F.C. goalkeeper Peter Schmeichel made of racist statements to him. The FA took no subsequent disciplinary action. In April 1998, Aston Villa F.C. player Stan Collymore, accused Liverpool defender, Steve Harkness of racist abuse. The FA conducted an investigation, but dropped the charges, due to lack of evidence. More recently in 2007, Emre Belözoğlu has been subject to three FA investigations concerning alleged racial abuse, which resulted in one decision not to bring a disciplinary action and two where the case was not proven.

^5.FA.com ‘FA Disciplinary Rules’ (accessed 1 November 2014).

^6.FA.com ‘The Football Association v Luis Suarez- Reasons of the Regulatory Commission’ (accessed 1 November 2014).

^7. Ibid, para 57.

^8. Ibid, para 76.

^9.bbc.co.uk, ‘Penalising racism: Sport and the “n-word”’ (www.bbc.co.uk/news/blogs-echochambers-26461125, accessed 1 November 2014).

^10.FA.com ‘The Football Association v Luis Suarez- Reasons of the Regulatory Commission’ (para 162–203, accessed 1 November 2014).

^11. Ibid, para 408.

^12. Ibid, para 432.

^13. Ibid, para 442.

^14.www.liverpoolfc.co.uk, New Section, 3 January, 2012 (accessed 1 November 2014).

^15. Ibid.

^16.theguardian.com, ‘Luis Suarez has damaged Liverpool's brand’ (accessed 1 November 2014).

^17. R v Terry 13 July 2012 Judgment Westminster Magistrates' Court Senior District Judge Riddle (Chief magistrate, p. 2).

^18. Ibid, pp. 14–15.

^19. The Football Association and John Terry: Ruling of the Full Regulatory Commission Following the Substantive Disciplinary Hearing 27 September 2012.

^20. FA Rules changed in 2012.

^21. FA and Terry, para 7.5.

^22. Ibid, para 7.8.

^23. Examples include, in 2012, Aldershot striker Danny Hylton was given an eight-match playing-ban and fined £1000 after being found guilty of two charges of racial abuse; non-League Nuneaton players Lewis Edwards, Conor Baker and George Washbourne were disciplined by the Birmingham County FA for racial abuse of opposing players during a Youth Cup game in 2012. Washbourne had his playing contract terminated.

^24.FA.com, ‘The Football association and Nicolas Anelka, Football Association Regulatory Commission 26th February’ (para 22, accessed 1 November 2014).

^25. Ibid, para 30.

^26. Ibid, para 41.

^27. Ibid, para 47.

^28. Ibid, para 67.

^29. Ibid, para 85.

^30. Ibid, para 94.

^31. Ibid, para 95.

^32.FA.com, FA Disciplinary Rules 2013 (accessed 1 November 2014).

^33. the fa.com ‘Darren Bailey outlines FA's response to Anelka case’ (accessed 1 November 2014).

^34.bbc.co.uk ‘“West Brom to lose Zoopla sponsorship”, 20 January 2014’ (www.bbc.co.uk/news/business-25815670, accessed 1 November 2014).

^35.bbc.c.uk, ‘Anelka gesture comic Dieudonne banned from Entering the UK by the Home office’, 3 February 2014 (www.bbc.co.uk/news/uk-26020070, accessed 1 November 2014).

^36.bbc.co.uk, ‘FA to review bans for racism offences after Anelka verdict’, 1 March 2014 (www.bbc.co.uk/sport/0/football/26399284, accessed 1 November 2014).

^37.bbc.co.uk, ‘West Brom sack Nicolas Anelka for 'gross misconduct’, 14 March 2014 (www.bbc.co.uk/sport/0/football/26587077, accessed 1 November 2014).

^38.bbc.c.uk. ‘Anelka: Fifa considers FA request for global “quenelle” ban’, 18 March 2014 (www.bbc.co.uk/sport/0/football/26626797, accessed 1 November 2014).

^39.Afl.cm.au, ‘Australian Football League Rules October 2013’ (accessed 1 November 2014).

^40. Ibid, rule 35.3(d).

^41. Ibid, rule 35.4(a).

^42. Ibid, rule 35.6(a).

^43. Ibid, rule 35.15.

^44. Ibid, rule 35.16.

^45. For accounts of these incidents involving Nicky Winmar in 1993 and vilification of Michael Long by Damian Monkhurst in 1995, see McNamara (2000, 9–10), Cazaly (2012, 41–42). Gorman (2011, 125, 149–50).

^46.Afl.co.au, ‘Australian Football League: Annual Report 1997’ (AFL, Melbourne, 1998).

^47. For further analysis see Gardiner and Welch (2001, 2011).

^48. See Hylton (2009), ‘Race’ and Sport – Critical Race Theory and discussion of how CRT originated in many of the same U.S. Law Schools where Critical Legal Studies (CLS) first developed and acknowledged the failure of the CLS movement ‘to take account fully of issues of race and ethnicity in its epistemology’.

^49. A strong case can be made for the inclusion of anti-racist clauses in player and manager contracts of employment. In the UK, the Professional Footballers' Association (PFA – the players' trade union) has been working to implement racial abuse as a gross misconduct into the Standard Players Contract since May 2012.