Freedom of Expression of Athletes and Players: The Current and Potential Role of the European Court of Human Rights as a Watchdog in Sport

Abstract

Professional athletes enjoy many privileges, but their special status in society imposes on them duties that go far beyond the responsibilities of ordinary citizens. For example, they are generally expected to abstain from certain political statements (principle of political neutrality) and might face disciplinary sanctions for infringing that prohibition. This chapter focuses on the European Court of Human Rights’ current and future contribution as a watchdog with a view to protect the right of athletes to freedom of expression (Article 10 ECHR).In Part 1 of this chapter, cases that have already been decided by the Court in the field of sport will be analyzed. The case of Šimunić v. Croatia indicates that freedom of expression, within Article 10 ECHR, is not unlimited. Three recent judgments related to Turkey, delivered in 2021, will also be addressed; these concern sports sanctions and financial penalties imposed by the Turkish Football Federation on account of statements made by athletes to the media or messages posted and/or shared on social media.In Part 2, the chapter will discuss the potential role of the ECtHR in securing the freedom of expression of athletes in the future in light of the principle of political neutrality in sport, which has yet to be addressed by the Court.