Zwanziger and the cancer of world football

Shortly before the start of the forthcoming European Football Championship, the Regional Court (LG) Düsseldorf dealt with the legality of the statement by Dr. Theo Zwanziger that Qatar is a cancer of world football. In the view of the court, the Qatar Football Association cannot demand cessation of the statement, as it is justified by the freedom of opinion guaranteed under the German Constitution (Grundgesetz).

The former president of the German Football Association (Deutscher Fußballbund) and former member of the FIFA Executive Committee, Dr. Theo Zwanziger, had in the summer of 2015, in an interview with Hessian Radio (Hessischer Rundfunk), strongly criticised the decision to hold a Football World Cup in Qatar in 2022. In this context, the 70-year-old declared:

"I have always said that Qatar is a cancer of world football."

The official football association of the state of Qatar, Qatar Football Association (QFA), did not wish to accept this statement and demanded cessation before the Regional Court (LG) Düsseldorf, but without success.

Court's decision: Zwanziger may call Qatar a cancer

By judgment dated 19.04.2016 – 6 O 226/15 (Press release dated 19.04.2016), the Regional Court (LG) Düsseldorf dismissed the QFA's application for cessation. The designation "cancer" is admittedly an insult within the meaning of § 185 Strafgesetzbuch, as it constitutes a value judgment that attributes properties to the QFA which are in the most extreme measure negative and harmful. It is massively degrading, because the QFA is thereby granted the status of a fatal disease that must be fought with all force. "Cancer" stands for a malignant tumour that spreads in the human body and in the worst case leads to death.

However, the QFA cannot demand cessation of the insulting statement that Qatar is a "cancer of world football". This is because the statement is justified by the freedom of opinion protected as a fundamental right. Dr. Theo Zwanziger made the statement in the exercise of the legitimate interest in stimulating public debate on the award of the Football World Cup to Qatar and in criticising the award decision. Contrary to the QFA's view, nothing suggests that Dr. Theo Zwanziger staged the interview in order to distract from his own misconduct. The comparison of the QFA with a cancer is not abusive criticism. The focus was not on public defamation of the QFA, but rather on the legality and review of the award decision for the Football World Cup 2022 in Qatar. Whoever criticises public grievances is not restricted to the mildest means of clarifying his position. With regard to the sporting, economic and political significance of the venue for a Football World Cup, the purpose of the statement, to direct the public's eyes critically at the working methods and decision-making of FIFA, is to be set higher than the honour protection of the QFA.

Conclusion

The decision of the Regional Court (LG) Düsseldorf is to be welcomed in view of the current debate on the limits of criticism in public media. In the present case, the court assumed that the comparison with a cancer, notwithstanding the degradation, is not abusive criticism, but rather a critical examination of the decision-making process of FIFA, which is why the honour protection of the QFA must recede. The Qatari football association intends to appeal this decision to the Higher Regional Court (OLG) Düsseldorf. It remains to be seen whether the decision will be upheld in the next instance.