The European Court of Human Rights (ECHR) ruled on Tuesday that criticising and insulting football referees is protected under freedom of expression. However, it said, suggesting that match officials are corrupt or criminal crosses the line, while acknowledging that referees' jobs often expose them to abuse.
The Strasbourg-based court was ruling on a series of cases brought by Portuguese club FC Porto and two of its former officials. In one case, the court ruled in favour of the club's newsletter, Dragões Diário, which had been punished over a 2019 article published after Benfica's 4-1 victory over Feirense.
"The article named an official who 'has a problem with impartiality' and 'had a career as a referee full of untenable decisions' before becoming a VAR official and 'following the same shameful path'," a statement from Dragões Diário read.
According to the ECHR, the language used amounted to acceptable fan discourse in the sport, known as football in much of the world.
"Those statements were value judgments about a referee's performance," the court wrote.
"Such critical remarks are commonly made in the context of football, where incidents during a match often give rise to varying and contested interpretations and opinions, often influenced by club affiliations."
The Strasbourg court ruled that the punishments imposed by the Portuguese authorities violated Article 10 (Freedom of Expression) of the European Convention on Human Rights. It ordered the authorities to reimburse a €15,300 (about $17,500) fine as damages and to cover legal costs, noting that a degree of abuse comes with the job of being a referee.
According to Agence France-Presse (AFP), the cases concerned a series of sanctions imposed by the Portuguese football authorities and courts over attacks published by media outlets owned by FC Porto.
The publications questioned the integrity of named referees and the refereeing system as a whole following matches involving, in particular, the club's fierce rivals, Benfica.
The ECHR is an international court responsible for adjudicating disputes involving alleged violations of the European Convention on Human Rights across its 46 signatory states.