Offensive Behaviour Act future in further doubt

The Offensive Behaviour at Football Act has been described as “unusual” and unlike anything else in the rest of the world by academics involved in a review of hate crime, The Herald reports.

Countries including Russia, Ukraine, Serbia and Croatia, which also experience disorder between different supporters, have not implemented anything similar, according to researchers.

The Scottish government appointed Lord Bracadale to undertake a review of the laws after opposition parties united behind Labour’s James Kelly MSP in a bid to have the controversial laws scrapped.

Lord Bracadale appointed Professor James Chalmers and Professor Fiona Leverick, of Glasgow University, to undertake a comparative analysis of the legislation.

They said: “The offence of offensive behaviour at a regulated football match…is unusual in that it only concerns behaviour that takes place in the context of a regulated football match.”

They added: “The OBFA is notable because it targets expressions of hatred and other offensive behaviour that take place in the specific context of a football match. While unusual, the legislation is not unique in this respect.”

The pair noted that the act has had “a limited effect” on dealing with indecent and offensive behaviour and that mass chanting “remains a fundamental feature of English fan culture”.

“In terms of jurisdictions that have adopted measures to address the football-related sectarian conduct that the OBFA is intended to tackle, it is difficult to find any countries that have done this specifically in the football or wider sporting context, other than the prohibition on sectarian chanting relating to Northern Ireland,” the researchers said.

Australia has had problems with racist abuse as well as ethnic conflict but no specific laws have been passed to address this, the existing criminal law sufficing.

They said: “An independent inquiry in New South Wales into an incident at a football match involving two teams with primarily Croatian and Serbian support recommended the introduction of tighter restrictions on the display of inflammatory national material and political flags at sporting events, but this has not been implemented.

“In the Ukraine, disorder stemming from ethnic tensions between Russian and Ukranian supporters has been an issue at football matches involving the national team and also at domestic level between supporters of clubs that have links with Russian teams and supporters of other clubs.

“Other jurisdictions that have experienced similar issues have also responded to these using the existing law on hate crime, rather than creating football or sport specific offences.”

Mr Kelly said: “The SNP Football Act appears to be a world leading shambles.

“The legislation has been branded mince by judges and has broken down trust between fans and police.