Celtic criticises strict liability proposals as LGBT groups lend support to OBA

In a response to moves to repeal the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012, Celtic has criticised strict liability rules that would see clubs held liable for the behaviour of fans, saying this could actually encourage “unacceptable conduct in the stands” with rival fans “purporting to be supporters” causing mischief.

Celtic added: “By way of example, there is no evidence the strict liability system operated by Uefa is effective in improving supporter behaviour or reducing the number of disciplinary cases brought by Uefa.”

Labour MSP James Kelly plans to bring forward a bill to overturn the legislation and has sizable opposition support.

But gay rights organisation Stonewall and the Equality Network both lent their support to the act, calling for it to be used in prosecuting homophobic behaviour at football matches.

Stonewall Scotland said: “The issue of homophobia, biphobia and transphobia behaviour at football is far from resolved, and further steps need to be taken to ensure all fans, players and professionals feel safe and included in our national game. We believe a detailed review of the implementation of the act would therefore be appropriate, with the view to looking at where provisions might be clarified or strengthened.”

The Crown Office said the act has been used successfully to prosecute “a variety of criminal behaviour”, and has led to jail terms.

Human rights organisation Liberty said: “It is clear from this non-violent football fans may find themselves inadvertently falling within the remit of the criminal law for simply singing a chant intended to antagonise the opposition and express pride in a football side but without intending to trigger violence.”

Mr Kelly said: “The consultation has now closed and it is clear the law continues to provoke a great deal of public interest. I welcome the debate and look forward to discussions with interested parties in the months ahead.”