A tribute turned into an attack. The meeting between Nice and Saint-Etienne, Wednesday May 11, was marked by incidents in the stands, when Nice supporters hijacked a song in memory of Emiliano Sala, who died in January 2019 in a plane crash while he was taking a flight to Cardiff, where he was to be transferred.
“He’s an Argentinian, who doesn’t swim well, Emiliano under water, Emiliano under water, Emiliano under water”. The words of the song, sung in the 10th minute of play yesterday at the Allianz Riviera, shocked and provoked strong reactions. “Human bullshit has no limits. These guys have nothing to do in a stadium. We would have that as supporters, they should be banned!” Nantes coach Antoine Kombouaré was indignant after the match. Could the club and the supporters be sanctioned after this case? The question divides.
For master Arnaud Ibanez, specialized in sports law and criminal law, “We are on a case of defamation, attack on the dignity of a deceased. It is relative to the law of July 29, 1881 on the freedom of the press”. Sanctions are therefore possible, but on one condition: “You have to be able to identify the authors of the songs”. These sanctions are varied and may depend on the criminal record of the accused: suspended prison sentence, fine, stadium ban, compensation for material and/or moral damage.
“The song sung last night, particularly shocking and unwelcome, is probably more black humor and bad taste than a criminal offence”, nuance on his side master Pierre Barthélémy, lawyer at the Paris Bar, who recalls that freedom of expression is interpreted quite widely in terms of humor. A line of defense also adopted by the ultras of Nice, who expressed themselves in a press release on Thursday. “If we obviously understand the emotion that the words of this song can arouse, the second degree is an integral part of ultra culture”they write.
Official statement of the Ultras of the Popular South following the incident “Emiliano under water”. #OGCNice #OGCNASSE pic.twitter.com/ZPGG9okBmo
— ʟᴀ ᴠᴏɪx ᴅᴇs ɴɪçᴏɪs (@VDNissa) May 12, 2022
“In the law of press offenses, this song does not seem to qualify as public insults. In sports law, it does not seem to fall within the scope of provocation, by any means whatsoever, of spectators. hatred or violence against a person or a group of people”, adds Pierre Barthélémy. For him, these supporters could therefore not be subject to the sanctions mentioned above (criminal sanction, administrative stadium ban, commercial stadium ban). “On the other hand, if the general conditions of sale of OGC Nice provide that this type of song is prohibited, the club could terminate the subscriptions of the supporters who would be identified.he adds.
Still at club level, Nice cannot clear customs, according to Arnaud Ibanez, since “A club is responsible for the actions of its supporters in its stadium. It must do everything possible to be able to identify them.” But in this specific case, OGC Nice could also ask to be a civil party, if the club considers that it has suffered damage. The Gym has already condemned “with the greatest firmness” the song descended from the stands.
The Disciplinary Committee of the Professional Football League (LFP) was seized Thursday morning, following the report of the match delegate. Sporting sanctions could therefore also be pronounced after its investigation. Nice had already been implicated at the start of the season, after the incidents during the reception of Marseille. “The club is in a situation of recidivism”notes Arnaud Ibanez. “The sanctions could therefore take the form of a fine, or a closed session imposed on the platform concerned by the song.” The next committee meeting is scheduled for May 18.