Boundaries of freedom of speech in sport: Lessons from recent CAS Decision (Tymoshchuk v. UAF)

This article examines the recent award in the case of CAS 2023/A/9443 Anatoliy Tymoshchuk v. Ukrainian Association of Football (UAF) (“Award”).

This case examined fundamental questions about when and how a sports federation can discipline individuals, what evidence is needed to prove damage to sport's reputation, and how individual rights must be balanced with sporting obligations. The CAS decision provides important guidance that will influence how similar cases are handled in the future.

As sports organizations increasingly grapple with geopolitical challenges, the Award highlights the intricate balance between institutional authority and individual rights.

The decision is available here.

The article looks at:

• Key Facts and Background
  • Timeline of events
• Applicability of Ukraine Football Federation’s Ethics Code
• Freedom of expression within sports regulations
• Legal test of bringing sport into disrepute
  • Establishing the relevant period for the dispute
  • Defining disrepute to sport
• Proportionality of Sanctions
  • Restrospective deprivation of titles
  • Lifetime ban on football participation
  • Revocation of coaching license
• Key lessons from the case
• Conclusion

Please note that the authors represented the Appellant in the case.