In the grounds
Groups of young men chanting offensive songs is a common sight in football stands around the United Kingdom.
“Most people assume that these really controversial football chants are what football fandom is all about,” says Webster, but he argues that most chanting is actually intended to benefit the side those involved are supporting, rather than actually seeking to enrage opposition fans.
A lot of chanting and singing takes place in pubs or on transport to games when only one fan group is present, which suggests that while songs may still be offensive to the opposing side, it is misleading to suggest that their primary motivation is to enrage their fans.
Meanwhile, the 2012 Act has remained a contentious piece of legislature. In 2016, former MSP James Kelly told the media: “It has not tackled bigotry, it has been widely criticised by lawyers and human rights groups, and football fans have been treated as second-class citizens.”
The majority of people who were arrested under the law were young men in their teens and 20s, many of whom came from deprived backgrounds, had low educational attainment and were either unemployed or underemployed. “They were easy to target,” notes Webster.
Fans climbing fences after an Old Firm derby match in December, 2018. Credit: Amadej Tauses on Unsplash
Fans climbing fences after an Old Firm derby match in December, 2018. Credit: Amadej Tauses on Unsplash
In an attempt to get lighter sentences, many of those who had cases go to trial were encouraged to plead guilty, even if they contested having acted illegally. Although the conviction rate was low – 268 in the first year, of which 99% were male and 74% under the age of 30 – those who were convicted were left with a serious criminal record that blighted their futures. They were labelled sectarian offenders, despite the often low-level nature of offences, such as swearing at a police officer.
According to Webster, there were three main problems with the Football Act. First, it was unjustified on free speech grounds. “I think there were legitimate reasons to object to an act which made the singing of certain songs or chants illegal, especially where it didn’t appear to be inciting violence,” he argues.
Second, the law was unenforceable. When some 20,000 people were simultaneously chanting songs banned by the legislation, it was impossible for police to intervene and make arrests. Police would use CCTV and other methods to identify who they thought were the ringleaders and target them for arrest.
But these prosecutions would usually fail because the young men arrested would often have their mouths covered with scarfs or their hands, making it almost impossible to prove that anything illegal was being sung.
Police using video camera to collect evidence. Credit: Dr Joseph Webster
Police using video camera to collect evidence. Credit: Dr Joseph Webster
Finally, the most important reason that the law failed, according to Webster, was the law-makers lack of understanding of the social reality of football chanting, and the social motivations behind it.
When advising the Scottish government Justice Committee, Webster reiterated his point that football chanting’s main purpose is not to incite hate and violence among opposing fans, but rather to create an identity and sense of togetherness within the participants’ own fan base.
As a result, the Football Act was largely self-defeating because groups of fans who felt unfairly targeted by politicians and police became even more inward looking, bonding together via ever escalating acts of sectarian chanting and displays.
