Code of conduct governing the withdrawal of stadium tickets for S.S.C. Napoli S.p.A. football matches (‘Code of Conduct’)
Whereas
▪ on 4 August 2017 the LNP-A, together with FIGC, the other Leagues, AIC, AIAC and AIA, signed a Memorandum of Understanding (hereinafter the “Protocol”) with the Ministry of the Interior, the Presidency of the Council of Ministers, the Minister for Sport and CONI that declared an intent to “create a new model for managing football events” in order to safeguard and promote the “social dimension” of football;
▪ one of the ways in which the Protocol intends to achieve these objectives is by raising awareness among football clubs around ticketing policies that should be implemented through the introduction of the so-called “Approval System”;
▪ the “Approval System” is a tool that can be adopted by football clubs in order to prevent individuals who fail to ensure their behaviour conforms with the club’s “Code of Conduct” from entering the stadium for an appropriate period of time;
▪ through the “Approval System”, football clubs take an active role in guaranteeing that all those who wish to can visit the stadium and enjoy a welcoming, safe atmosphere suitable for all types of spectators, including families with children;
▪ all football clubs belonging to the LNP-A condemn all forms of violent physical and verbal behaviour, all conduct that directly or indirectly causes offence, denigration or insult on the basis of race, colour, religion, language, gender, nationality or ethnic origin or amounts to ideological propaganda banned by law or that celebrates discriminatory behaviour, and – more generally – all behaviour that football clubs deem not to be representative of their traditions and sporting identities;
▪ all persons who attend events organised by football clubs, regardless of the capacity in which they do so, must respect the same universally recognised values and behaviours designed to uphold civilised coexistence, respect and the safety of all;
Having regard to
The Sports Justice Code;
S.S.C. Napoli S.p.A. adopts this ‘Code of conduct governing the withdrawal of stadium tickets for football matches’ (hereinafter the “Code of Conduct”), which shall be regulated as follows.
Definitions:
Stadium refers to the sports facility used by S.S.C. Napoli S.p.A. for sports events.
Club refers to S.S.C. Napoli S.p.A.
Event refers to any sports event that takes place in the Stadium, even if not official.
Supporter refers to fans of the Club that participate in Events through their possession of a Stadium ticket for the Event.
Approval refers to the assessment that the Club is entitled to make of fans in compliance with the provisions set out in the Protocol.
Article 1 (Introduction)
Article 2 (Clarifications)
2.1 By purchasing a ticket valid for access to Events featuring the Club (individual ticket, season ticket or loyalty programme), the Supporter authorises the Club to carry out checks – including those undertaken at a later date – designed to prevent acts of violence, discrimination or behaviour that goes against the principles of decency and morality, as well as to implement sanctions against the Supporters responsible for violating this Code of Conduct.
2.2 To that end, the Club may use any means to prove the events in question in a clear, objectively, unequivocal and logical manner. In order to verify events, the Club may use camera footage, reports from staff attending, witness statements, material found on the internet and/or published on social media, any police records and anything else relevant to the application of measures against the Spectators responsible for behaviour that violates this Code of Conduct.
Article 3 (Relevant Conduct)
3.1 In order to apply sanctions based on the regulations included in this Code of Conduct, the Club will assess behaviour that goes against the values of sport and general decency, as well as all behaviour directed towards rival fans and institutions that is discriminatory and/or offensive based on the region another person comes from or their race, ethnicity, sexual orientation or religious beliefs, that goes against the principles of decency and morality or that incites violence.
3.2 The Club’s Approval of Supporters may also be affected by behaviour designed to threaten, denigrate or offend persons of authority, institutions, the Club and its employees or collaborators and stewards, as well as all conduct that may damage the Club’s interests, image or name, even where this occurs outside of the stadium at events or public manifestations and/or through any media outlet, television or radio transmission or on social media (including blogs, professional networks, company networks, internet forums, social gaming services, social networks, video sharing services, virtual worlds).
3.3 The Club’s Approval of Supporters may also be affected by the following Supporter behaviour: (i) violations of the Stadium Rules and Regulations; (ii) the promotion of black-market activities or the buying and selling of tickets in a way that violates regulations and occurs through non-official or secondary ticketing platforms, including the sale of a ticket, regardless of the reason, in a way that violates regulations; (iii) misrepresentation, avoidance of security checks, entrance of more than one person through the turnstiles at once, access of areas other than those to which the Supporter’s ticket grants them access, standing in exit routes, standing on the railings and partitions, climbing over the railings or partitions, entering the field of play; (iv) the introduction and/or display of unauthorised material, the introduction and/or use of pyrotechnics, the introduction and/or use of unauthorised professional equipment to record and reproduce videos, images, sounds and programmes that violate the Club’s commercial rights and copyright (e.g. the live broadcast of football of a match on social media); (v) discrimination, causing damage, throwing objects, physical or verbal violence, inciting hatred; (vi) the introduction, possession and/or consumption of alcoholic drinks – with alcohol content in excess of the permitted level – or drugs; (vii) the use of authorised material for a purpose other than the one authorised, the display of banners/flags or fan choreographies without prior authorisation from security staff.
Article 4 (Sanctions)
4.1 The following factors shall be taken into account in order to implement sanctions as a result of behaviours as set out in Article 3:
(i) the time and place of the Supporters’ actions and any other relevant circumstances;
(ii) the seriousness of the behaviour, damage or danger caused;
(iii) any prior behaviour attributed to the Supporter responsible for the violation, to determine whether they are a repeat offender;
(iv) the conduct engaged in by the Supporter subsequent to the violation by way of an attempt to limit or curtail the damaging effects of the violation;
(v) whether there were multiple Supporters involved in the violation;
4.2 Depending on the nature and gravity of the behaviours as set out in Article 3 or indeed any conduct that is violent, discriminatory or contrary to the Club’s Code of Ethics, and in light of any further factors discovered during the investigation phase, the following sanctions can be imposed on Supporters:
(a) Immediate removal: the Supporter responsible for the violation can be escorted out of the Stadium and their ticket confiscated. This sanction may be imposed as a result of any of the example behaviours set out in Article 3, and indeed any conduct that is violent, discriminatory or contrary to the Club’s Code of Ethics. It may be implemented by stewards on their own initiative after the Supporter responsible has been identified.
(b) Warning: an immediate warning, or a subsequent notification via email, registered mail or another means of correspondence with guaranteed reception, containing a written document describing the violation committed and warning the Supporter responsible not to repeat the conduct identified. This measure is adopted by the Club as a result of investigations. If the same Supporter receives three Warnings, their Club Approval will automatically be suspended for 1 (one) match day, preventing the Supporter in question from buying a ticket to the next Event in which the Club participates, or – if the Supporter is a season-ticket holder – from attending the next Event in which the Club participates.
(c) Suspension of Approval: the Supporter will be unable to access the Stadium for a period ranging from a minimum of 1 (one) match day up to a maximum of 3 (three) seasons. This measure is adopted by the Club Committee as described in Article 5 through the procedure set out in Article 6. During the period of suspension, the Supporter in question will be unable to buy a ticket for Events in which the Club participates. In the event that the Supporter in question is a season-ticket holder, the validity of their season ticket will be suspended for the duration of their Suspension of Approval.
(d) Revocation of Approval: consists in the ban from access to the Stadium from a minimum of 3 (three) to a maximum of 8 (eight) years. It is adopted by the Club, through the Committee referred to in Article 5, with the procedure referred to in Article 6. (d) Revocation of approval: consists in the ban from access to the Stadium from a minimum of 3 (three) to a maximum of 8 (eight) years. It is adopted by the Club, through the Committee referred to in Article 5, with the procedure referred to in Article 6. During the aforementioned period of time, the Supporter concerned will be prevented from purchasing access tickets to Events in which the Club will participate.
4.3 The club will notify the company responsible for managing ticketing services of any sanctions so that the Examining Committee’s decision can be properly enforced, in accordance with privacy regulations.
4.4 During Suspensions or Withdrawals of Approval, Supporters will not be eligible for any benefits deriving from the Club’s loyalty programmes.
Article 5 (The Examining Committee)
5.1 The Examining Committee is the body responsible for establishing the facts, issuing a judgement of responsibility and selecting and implementing disciplinary sanctions against Supporters. The Committee is composed of three Club-appointed members who will remain in place for the duration of the FIGC season. The Committee can be reviewed on a yearly basis.
Article 6 (Procedure)
6.1 Notification of the behaviour in question, containing a description of the events observed, must be communicated to the identified Supporter via email, by registered mail with recorded delivery or another means of correspondence with guaranteed reception, within 7 (seven) working days of the identification of the Supporter to whom the behaviour is attributed.
6.2 The Supporter is entitled to present any “justifications” and/or “reasons” to the Club via email to [email protected], by registered mail with recorded delivery or another means of correspondence within 5 (five) working days of receiving the aforementioned notification, so that they can be assessed by the Examining Committee.
6.3 The Club shall then notify the Supporter, via email, by registered mail with recorded delivery or another means of correspondence with guaranteed reception, of the sanctions adopted by the Examining Committee as a result of the behaviour observed.
6.4 The Examining Committee sits whenever there is a need to assess relevant events, including on the request of the Security Delegate or Supporter Liaison Officer. The Examining Committee assesses all of the facts and is entitled to request further evidence. In the event that the Supporter is identified and the Examining Committee deems that the facts observed constitute a violation, it shall select the applicable sanction and put this to a vote with majority ruling.
6.5 In adopting a decision, the Examining Committee shall assess any circumstances relating to the facts that could attenuate or aggravate the responsibility of the transgressor, including whether the Supporter in question is a repeat offender.
6.6 In the event that the Club receives notification from another club of Supporter conduct that violates the contents of this Code of Conduct, the Club reserves the right to apply the sanctions detailed herein, even if the violations are committed in a different Stadium to the one in which the Club holds its home matches.
6.7 Similarly, the Club may inform other clubs of behaviour engaged in by Supporters of the opposing team that violates this Code of Conduct, where this occurs in the Stadium in which the Club holds its home matches.
Article 7 (Decision)
7.1 The Decision adopted must contain the following, or it shall be ruled null and void: the date; a clear and objective summary of the events; a general indication of sources of proof; the identity of the person responsible; grounds for the decision; the sanction applied; indication of ways to request a review or appeal; notification that the Supporter in question has no right to reimbursement for their ticket or season ticket for the duration of the sanction; notification that the Supporter in question has access to the case files for five working days after they receive notification of the measures to be taken; signature of the body responsible for adopting the measure.
7.2 The sanction imposed on the Supporter in question is valid from the moment they receive notification of it, regardless of the outcome of any criminal or civil proceedings, in that the rules of behaviour set out in this Code of Conduct are adopted by the Club in full autonomy, independently of the illegality of behaviour engaged in by the Supporters. In any case, the application of a sanction does not infringe upon the Club’s rights to take action against a Supporter responsible for a violation.
7.3 In accordance with privacy regulations, the Club will use an IT platform to notify the company responsible for managing ticketing services (TicketOne) of any sanctions so that they can be properly enforced.
Article 8 (Appeal)
8.1 The Supporter is entitled to request access to the case files within 5 (five) working days of receiving notification of the decision of the Examining Committee or the publication of that decision on the Club’s website.
8.2 The Supporter is entitled to lodge an appeal against the decision by submitting written pleadings within 10 (ten) working days of receiving notification of the decision of the Examining Committee (by sending the documents to [email protected]).
8.3 The Commissione di Sicurezza (Security Committee) is the body responsible for ruling on appeals lodged by Supporters. The Committee is composed of three Club-appointed members who will remain in place for the duration of the FIGC season. The Committee can be reviewed on a yearly basis.
8.4 The Security Committee will issue a ruling in writing, as per Article 8. The transgressor will be notified of the Committee’s decision within 7 (seven) working days of receipt of the appeal.
8.5 The sanction adopted by the Examining Committee will not be suspended if an appeal is lodged.
Article 9 (Privacy)
9.1 The Club guarantees the privacy of the personal data in its possession, with particular regard for sensitive data, in compliance with the relevant legislation (Legislative Decree 196/2003 and GDPR).
9.2 By purchasing a ticket for a Club Event, the Supporter grants their express authorisation for the ticketing company, and therefore the Club, to collect and process their personal data. The Supporter also grants their express consent for this data to be used for purposes relating to security and public order.
Article 10 (Minors)
The club may impose sanctions on minors provided that they are over the age of 14.
