Tribune and Spectator Bans in Law
Entrance
Sporting events can have significant implications for social peace and public order. The attitudes and behaviors of fans concern not only club discipline but also public safety. Therefore, both Turkish and international sports law regulations allow for restrictions on spectator entry to matches, prohibit teams from taking fans to away games, or order matches to be played without spectators, as part of disciplinary measures.
This article of away game bans, playing behind closed doors, and stadium bans ; Turkish legislation (Law No. 6222, TFF Statute, Football Disciplinary Regulations) and international regulations (FIFA, UEFA, CAS decisions).
I. Regulations in Turkish Sports Law
1. Law No. 6222
No. 6222, "Law on the Prevention of Violence and Disorder in Sports,"is the fundamental legislation regulating spectator behavior in Turkey.
According to Article 13 of the law, spectators may be banned from attending sporting events for a specified period if violent acts occur . According to Article 18, clubs are responsible for the behavior of their fans. In cases of mass fan unrest, the club may be penalized with playing matches behind closed doors .
The away game ban is also implemented within the scope of Law No. 6222 and the regulations of the Turkish Football Federation (TFF).
2. TFF Football Disciplinary Regulations
The Turkish Football Federation's (TFF) Football Disciplinary Regulations stipulate penalties for disciplinary violations by clubs and fans:
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Article 49: Fine for offensive and abusive chanting, and a penalty of playing behind closed doors upon repetition.
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Article 50: Penalty of playing behind closed doors or stadium closure due to incidents on the field.
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Article 52: Preventing fans from entering the stadium.
3. Away Match Ban
The Turkish Football Federation (TFF) occasionally away fan bans . This ban aims to prevent the risk of mass disturbances by fans. Amateur matches may also be included in this ban. Teams from provinces, districts, and even villages within settlements that have rivalries and conflicts between them may also be subject to this ban.
II. Regulations within the Framework of International Sports Law
1. FIFA Disciplinary Regulations
FIFA's disciplinary regulations also include playing behind closed doors and stadium bans:
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Article 8: Clubs are responsible for the behavior of their fans.
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Article 12: In case of violence or racist chants, penalties such as playing behind closed doors and stadium closure will be applied.
2. UEFA Disciplinary Regulations
UEFA imposes strict sanctions against crowd disturbances, especially in European competitions
Sanctions such as stadium closures, away game bans, and matches played without spectators are frequently seen. For example, many European clubs partial stadium closure penalties due to racist chants.
3. CAS (Court of Arbitration for Sport) Decisions
CAS reviews whether decisions such as playing matches behind closed doors and away game bans comply with the principle of proportionality . The principle of proportionality means that there must be a balance between the penalty imposed and the act committed
In many CAS decisions, it has been accepted that clubs can be held liable for the conduct of their fans under the principle of objective liability . Objective liability, in short, means that the damage or breach occurred within the area, control, or organization of the person concerned
III. Legal Nature and Justification
1. Public Order and Security
The primary purpose of these sanctions is to ensure public safety and order. To prevent or minimize damage in the area where the match is played, measures such as stadium closures and away game bans can be implemented to ensure order and security. According to the general principles of debt law in the Turkish Code of Obligations, clubs are subject to a duty of care regarding the behavior of their fans. This duty of care involves warnings and measures taken by the organizing club to prevent statements and actions that are contrary to public order and morality, and to protect public safety and peace, both at the time and in the location where the event is taking place.
2. Legal Basis for Penalties
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Turkish Code of Obligations (TBK): Clubs' duty of care (TBK Article 112).
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Turkish Commercial Code (TCC): Responsibility of the governing bodies of sports clubs that are companies.
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Constitution: Protecting public order is a duty of the state (Article 5).
3. Proportionality and Moderation
Although penalties can have severe consequences,the principle of proportionalityis sought in international sports law. For example, in a minor incident, closing only certain sections of the stadium is preferred over closing the entire stadium.
IV. Away Match Ban
1. In Turkish Law
The Turkish Football Federation (TFF) can impose away fan bans in high-risk derby matches. This decision is based on the authority granted by Law No. 6222 and security grounds. For example, a decision to close the away fans' section for a match between Galatasaray and Fenerbahçe, a derby recognized internationally for its historical significance, culture, and level of rivalry that will determine the championship, can be made legally under Law No. 6222 to prevent tension and danger, protect public health, and ensure public peace. Security forces and clubs can take measures to implement this decision. The Governorship has the authority and responsibility in this matter.
2. In International Law
UEFA occasionally bans certain clubs from traveling to European cup matches. Clubs with a history of repeated violent incidents are particularly susceptible to this penalty. For example, in 2000, Galatasaray was banned from attending the second leg of their UEFA Europa League semi-final against Leeds United. The reason given was the incidents, injuries, and fatal brawls that occurred in and around Taksim in Istanbul before the first leg.
V. Playing Without Spectators
1. Turkish Sports Law
This is clearly regulated in the TFF Disciplinary Regulations. It applies in cases of offensive chanting, pitch incidents, and violence.
This regulation of the Turkish Football Federation, which governs disciplinary sanctions, explicitly includes the penalty of playing matches behind closed doors :
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Article 49 – Ugly and offensive chanting
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A fine is imposed for the first violation, while a repeat offense may result in a partial stadium closure or playing behind closed doors
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Article 50 – Field incidents
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Stadium closures and matches played behind closed doors may be imposed if fans enter the pitch, engage in fighting, or engage in violent behavior .
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Article 52 – Other disciplinary violations caused by spectators
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Disruptive behavior by fans playing matches behind closed doors .
- For example, in the Trabzonspor-Fenerbahçe match played on April 3, 2024, Trabzonspor, the home team, was given a penalty of playing 6 home matches without spectators and a fine due to the incidents that occurred on the field.
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2. International Sports Law
It is included in FIFA and UEFA regulations. Playing behind closed doors is one of the most frequently used sanctions in cases of racism, discrimination, and violence.
VI. Stadium Bans
1. Temporary Ban
Spectators may be banned from stadiums for a certain number of matches. This is usually done due to mass disturbances and abusive chanting.
2. Indefinite Ban
According to Article 13 of Law No. 6222, fans involved in violent incidents may be subject to indefinite entry bans.
3rd International Application
UEFA typically imposes partial stadium closure penalties. This is preferred due to its adherence to the principle of proportionality.
VII. Criticisms and Legal Debates
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Clubs' Objective Responsibility: This refers to holding clubs responsible for all actions of their fans. Holding clubs responsible for all fan actions may be disproportionate. We agree with this view. There are numerous police officers from the sports branch on the field. Spectators are subjected to security checks and X-ray scans for hours before entering the stadium. Even bringing a lighter into the stadium is prohibited, and despite strict security controls, spectators throwing water or other objects onto the field, or bypassing police and entering the field, is a matter for the security forces responsible for implementing these security measures. This is unacceptable, both legally and morally, considering that a team supported by millions, people of all political views, religions, and races, plays against a team in a stadium with an average capacity of 45,000, surrounded by hundreds of police officers, undergoing searches and checks, and being monitored by cameras every minute. Imposing this responsibility on the club is, in our opinion, contrary to both law and conscience.
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Individual Rights: The freedom of fans to watch matches and their right to sports are being restricted. This situation is open to discussion within the framework of the European Convention on Human Rights (ECHR). Instead of penalties such as stadium closures and playing matches behind closed doors imposed on fans and clubs, we argue that individual penalties should be imposed using developing technology, and that the freedom and right of people who do not engage in disruptive behavior or acts of violence to watch matches should not be taken away.
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Economic Impacts: Playing behind closed doors and the away game ban will cause clubs to lose revenue.
VIII. Proposed Solutions
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Personalized Penalties: By better identifying the actions of individual fans, the club as a whole can avoid being subjected to harsh penalties.
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Use of Technology: E-ticketing and facial recognition systems can reduce stadium incidents.
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Alignment with International Standards: TFF regulations should be harmonized with FIFA and UEFA regulations, and the principle of proportionality should be observed.
Conclusion
In sports law, away game bans, playing behind closed doors, and stadium bans are implemented to protect public safety, prevent violence, and ensure fair play. In Turkish law, the primary basis for these regulations Law No. 6222 and the Turkish Football Federation Disciplinary Regulations. At the international level, FIFA and UEFA regulations and CAS case law are also important.
Although these penalties have severe consequences, the principles of proportionality and moderation . Otherwise, both the economic viability of the clubs and the rights and freedoms of the fans may suffer.
Utku Demiray (student)
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