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Brann Secures Landmark Victory in Freedom of Expression Case Against UEFA
In a significant ruling for freedom of expression in sports, the Norwegian football club Brann has prevailed in a dispute against UEFA at the Court of Arbitration for Sport (CAS). The CAS determined that UEFA should not have penalized Brann for supporters’ chants of “UEFA mafia” and banners displaying the same message during Women’s Champions League matches. This landmark decision overturns UEFA’s sanctions and upholds the principle of free speech within football stadiums.
UEFA Fines and Brann’s Appeal
The European football governing body had imposed fines on Brann on two separate occasions in 2024, with a third case pending. UEFA contended that these incidents violated its regulations, which hold clubs accountable for “offensive statements of a provocative nature” originating from their fan base.
Brann challenged the initial two penalties through UEFA’s appeals process. Following the rejection of their first appeal, the club escalated the matter to CAS in autumn 2024. On March 31st, CAS ruled in favor of the Norwegian side. The detailed reasoning behind the CAS decision is expected to be published this week.
Brann’s President Hails Ruling as Victory for Free Speech
Aslak Sverdrup, the president of Brann, expressed his satisfaction with the CAS verdict. “We are very pleased with the ruling from CAS,” Sverdrup stated. “It’s not every day a club from Norway impacts European football in this way, but today we actually do. In a world where freedom of speech is under threat, this is a crucial and justified decision.”
Sverdrup also acknowledged the contributions of individuals involved in the case: “SK Brann wishes to thank those who have contributed to this case, especially Jan Magne Isaksen and Erlend Aarlien, our legal representatives, who have been steadfast throughout this process. We also extend our thanks to supporter representative Erlend Vågane for his valuable collaboration and to our own football president Lise Klaveness for arranging meetings in Nyon and for being a clear voice in this discussion. Furthermore, we thank UEFA’s administration for constructive dialogue in Nyon and London prior to the hearing.”
Arguments and CAS Decision Rationale
Throughout the proceedings, Brann maintained that the phrase “UEFA Mafia” constituted humorous and critical commentary, well within the boundaries of protected expression. The club argued that penalizing criticism, even satire, aimed at powerful entities like UEFA, is inherently problematic.
UEFA countered that freedom of expression, as defined by the European Convention on Human Rights, was not applicable in this context. UEFA asserted that “UEFA Mafia” must be interpreted as a factual accusation that the organization, its leadership, and employees are involved in organized crime. This, according to UEFA, was deemed offensive and provocative.
However, CAS sided with Brann, stating that the offensiveness or provocative nature of a statement must be evaluated within its specific context. CAS concurred with Brann’s argument that UEFA’s disciplinary rules must be interpreted in consideration of fundamental human rights, including freedom of expression. Consequently, Brann was exonerated from paying the imposed fines to UEFA.
Contextual Interpretation of “UEFA Mafia”
CAS clarified that while the use of “UEFA Mafia” might not be acceptable in all situations, its interpretation is dependent on the context in which it is expressed. The burden of proof, CAS emphasized, rests with UEFA to demonstrate that any application of the slogan is indeed offensive and provocative within its specific setting.