The Copa del Rey final once again provided an exceptional spectacle on Saturday. The sporting fight was emotional and the city of Seville hosted multiple examples of exemplary coexistence between both fans. The stain came in the run-up to the match with the whistle of the Spanish anthem, an attitude that has become sadly common in this match when politics scores a goal for sport.
Law 39/1981, of October 28, already includes punishment against outrage to the national flag and other symbols, as well as institutions that represent Spain. Likewise, the Penal Code protects the symbols of the State in article 543 of Organic Law 10/1995: “Offences or outrages in words, in writing or in fact against Spain, its Autonomous Communities or its symbols or emblems, carried out with publicity, They will be punished with a fine of seven to twelve months in prison..
Tebas criticizes the anthem’s whistles: “It is not freedom of expression, as Juan Carlos Rivero said”
These fines, according to the Citizen Security Law, for serious infractions of offenses and outrages against Spain, its symbols and institutions owe an administrative sanction with fines of up to 30,000 euros. To do this, it is necessary to collect information from the clubs, to have a proposal for sanctions, for the Anti-Violence Commission to get on with it…
In any case, La Liga and the CSD remember that “It is the responsibility of the promoter of the sports competition to ensure that the shows organized are not used to disseminate or transmit messages or symbols that, despite being unrelated to the sport, may negatively affect the development of the competitions”, that is, in this case the RFEF. Sports events have their own legal discipline and their own sanctioning and prevention bodies, such as the Sports Law against Violence, Racism and Xenophobia, the royal decree on sporting discipline and regulatory provisions that must be applied by the competent bodies.
Except for surprise, nothing will happen again, as in recent decades, beyond economic fines (between 18,000 and 66,000 euros to Athletic and Barcelona on the last occasion that there was a whistle, in addition to sovereign entities and their leaders)although according to David Díaz, partner at Baker & McKenzie, “The mechanisms that the rule has are what they are, and the game cannot be suspended because some people whistle,” since the main problem in these cases lies in the legal interpretation of what happened.
In 2009 and 2012 There were complaints after two other finals with whistles, which were filed. The National Court filed a complaint in 2009 over whistling in the Copa del Rey considering that blowing the anthem “does not incite national hatred nor is it an insult to Spain.”
But What happens in the rest of the countries of the world?
France: match suspended
In 2008 France, through its president Nicolas Sarkozy, He prohibited the blowing of the French anthem. If this event were to take place, the referee would be forced to suspend the match and the political leaders would have to leave the box. This measure, later extended by Macron, was established after a loud whistle at Marseillaise during a friendly against the Tunisian team. French legislation warns of fines of up to 7,500 euros and up to six months in prison for those who disparage, whistle or boo the national anthem or the flag, especially at public or sporting events.
China: standing, well dressed and full of energy
In China the anthem is only played at political, diplomatic or sports meetings and although there is no law on the matter, it is enough to apply the penalties provided for two crimes as arbitrary as “disturbing public order” or “looking for trouble”, which includes up to ten years in prison. The state agency Xinhua highlights that “You should dress appropriately while the anthem plays and remain standing and full of energy,” Furthermore, it must be sung in its entirety at the top of its lungs, without leaving it halfway or improvising the lyrics… and you can’t talk on the phone while it’s ringing. To comply with these rules, those who violate them will be “criticized and corrected.”
Fans listening to the US anthem at the last Club World Cup.CHEMA REY PHOTO
United States: Hand on chest
There is a code of conduct on how to display and raise the flag and what to do when the anthem is played – stand up, take off your hat, put your right hand to your heart, look at the flag – but The maximum respect for freedom of expression in the US avoids any type of sanction even if the anthem is played, something that never usually happens. An attempt has been made to legislate precisely for when an affront occurs, but the Supreme Court has always denied it.
King’s ‘God save’ is respected… and whistled
The famous ‘God save de King’ (from Queen for many years), is usually whistled in Wales or Scotland when facing England, but technically it is not the English anthem, which it does not have, but rather that of the entire United Kingdom, so these types of actions tend to be ignored.
Argentina, Italy, Portugal, Venezuela, Russia, Germany…
The Penal Code of Italy Article 292 provides for sanctions for anyone who despises or denigrates, and shows a lack of esteem, the flag or any other emblematic symbol of the State. The fines range from 1,000 to 5,000 euros and increase to 10,000 in the event that it is in a public event or official ceremony.
In Venezuelaat least in the recent era of Nicolás Maduro, Whipping the national anthem punishes with a fine ranging from one hundred to one thousand bolivars (0.20 euros) although no one thinks of doing it since it is very incardinated in the entire population.
In Russia It does not carry a prison sentence, but it does carry fines of up to 200,000 rubles. (about 3,500 euros). In Argentina, It is absolute love and respect (you just have to remember Maradona calling the Italian fans who blew the anthem in that World Cup semi-final ‘sons of bitches’), but just in case someone is wrong, Article 222 of the Crimes against the Security of the Nation warns: “Anyone who publicly violates the flag, shield or anthem of the Nation will be punished with imprisonment of one to four years.” or the emblems of an Argentine province”.
In Germanythe penal code does not explicitly establish whether the whistles against the anthem represent a defamation of the national symbolism, which contemplates Prison sentences can reach up to five years and financial fines if the attack occurs against national flags or symbols, both written and publicly displayed.
Lastly, our neighbors portuguesein article 332 of the Penal Code, provides sentences of up to two years in prison or fines that compute a value of up to 240 days for anyone who divulges with words, gestures or in writing offenses to the national anthem or the flag.
