TAS 2022 A 8691 Fédération Royale Marocaine de Football c. FIFA
CAS · Football (FIFA / CAS) · Switzerland · 29 Nov 2022
Why it matters
This case is a landmark for its detailed linguistic and contextual analysis of alleged discriminatory chants in football. It clarifies the application of the "reasonable and objective observer" test under FIFA's Disciplinary Code, demonstrating that the perceived meaning of a term can vary significantly across dialects and situations. The CAS decision to overturn FIFA's ruling based on video evidence and expert testimony underscores the importance of nuanced interpretation over strict literalism, setting a precedent for how sports bodies should assess cultural specificities in anti-discrimination efforts.
Summary
During a FIFA Arab Cup 2021 match between Morocco and Algeria, Moroccan supporters chanted "Atwansa Attaya" towards Tunisian fans. An anti-discrimination observer reported this as a homophobic chant, leading FIFA's Disciplinary Committee to fine the Moroccan Football Association (FRMF) 20,000 CHF and impose a partial stadium closure. The FIFA Appeals Committee upheld this decision. FRMF appealed to the Court of Arbitration for Sport (CAS), arguing that in Moroccan dialect, "Atwansa Attaya" meant "Tunisians are traitors/informers" for supporting Algeria, not a homophobic slur. The CAS Panel, applying the "reasonable and objective observer" test, considered conflicting linguistic expert opinions. While some experts and initial reports suggested a homophobic meaning, FRMF's experts argued for the "traitor/informer" interpretation. Crucially, the CAS reviewed video evidence of the incident. The footage showed a "good-natured" atmosphere, with women among the chanting supporters and even a Tunisian flag being waved by a Moroccan fan. This contextual evidence led the CAS to conclude that the chant, in this specific instance, was more likely a reproach for perceived disloyalty rather than a homophobic insult. Consequently, the CAS upheld FRMF's appeal, annulled FIFA's decision, and ordered FIFA to pay FRMF 5,000 CHF for legal costs. This case highlights the critical role of contextual and linguistic analysis, supported by objective evidence, in determining discriminatory behavior in sports, emphasizing that a single interpretation of a word may not always be accurate across diverse cultural settings.
The detail
Parties: TAS 2022 A 8691 Fédération Royale Marocaine de Football c. FIFA
Outcome: The appeal by the Moroccan Football Association was upheld, the FIFA Appeals Committee's decision was annulled, and FIFA was ordered to pay 5,000 CHF to FRMF for legal costs.
Quantum: 5,000 CHF
Applicable law: FIFA Disciplinary Code (FDC) Article 13, FIFA Statutes, CAS Code (R49, R58, R65.2, R65.3)
Issues in play: The core legal issue was the interpretation of "discriminatory behavior" under Article 13 of the FIFA Disciplinary Code, specifically whether the Moroccan dialect chant "Atwansa Attaya" constituted a homophobic insult or merely a reproach for perceived disloyalty, as assessed by a "reasonable and objective observer."
Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗
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