A sports lawyer has suggested that Gianluca Prestianni could take legal action against Vinicius Junior and Kylian Mbappe following accusations that he used a racist slur towards the Brazilian.
On Tuesday (February 17), the Champions League play-off first leg between Benfica and Real Madrid was brought to a temporary halt.
Shortly after scoring the only goal of the game and becoming embroiled in an altercation with Prestianni, Vinicius ran towards the referee and claimed that he was subjected to a racial slur.
Referee François Letexier crossed his arms, signalling that the anti-racism protocol had come into effect.
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Vini Jr and the Real Madrid XI then left the field.
After consulting with Benfica head coach Jose Mourinho, Los Blancos returned to the pitch around 10 minutes later before play resumed.
After the match, several players, including Trent Alexander-Arnold, Mbappe and Vinicius, condemned Prestianni’s alleged comments.
In a statement posted to Instagram, Vinicius said: "Nothing that happened here today was new in my life and my family's.
"I received a yellow card for celebrating a goal. I still don't understand why.
"On the other hand, just a poorly executed protocol that served no purpose. I don't like appearing in situations like this, even more so after a great victory and when the headlines have to be about Real Madrid, but it's necessary.”
Prestianni responded, posting a statement of his own to the platform in which he denied the allegations.
The Argentine wrote: "I want to clarify that at no point did I direct racist insults at the player Vinicius Junior, who unfortunately misinterpreted what he thought he heard.
"I have never been racist towards anyone, and I regret the threats I received from Real Madrid players."
On Wednesday (February 18), European football’s governing body, UEFA, confirmed that it had appointed an ethics and disciplinary inspector to look into the incident.
It remains unclear exactly what was allegedly said while a UEFA investigation continues.
If found guilty, Prestianni may face a 10-game ban in line with Article 14 of UEFA’s disciplinary regulations (racism and discriminatory conduct).
A player can call upon UEFA’s Appeals Body and then the Court of Arbitration for Sport (CAS) if they wish to contest the sanction.
But what happens if Prestianni proves his innocence, and could he even take legal action against Vinicius?
After Tuesday’s match, SPORTbible spoke exclusively to Fraser MacKinven, who is a partner at UK law firm Burness Paull, where he heads the sports and entertainment practice.
When asked whether Prestianni could pursue legal action, the UK-based lawyer explained that “there may be some interesting questions around which country’s laws should apply, given the international nature of this incident and the parties involved”.
He added: “That said, based on some common principles of defamation laws across different jurisdictions, Prestianni could potentially have a defamation claim if he is ultimately exonerated by UEFA.”
So what are the key components of a defamation claim?
MacKinven outlined how statements need to be public and clearly identify the claimant, which in this case would be Prestianni, should he decide to pursue a claim.
“This should be relatively straightforward to establish, given the statements were recorded and broadcast on TV and social media,” he said.
Statements must harm one’s reputation and could, but don’t have to, amount to financial loss.
When asked if Mbappe could also be open to legal action after suggesting that he heard Prestianni call Vinicius a “monkey five times”, MacKinven replied: “If a player such as Mbappe claimed to have heard the racial slur when he didn’t, then that would likely be defamatory. It is worth noting that Mbappe probably wouldn’t be able to rely on being mistaken (i.e. thinking he had heard the slur) as a defence.”
The lawyer added: “The statements need to be false. It’s important to note that the onus here would likely be on the defendant to prove that their statements were true.
“In other words, they would have to prove that Prestianni did use a racial slur. If they were able to prove this, then it would be unlikely that Prestianni’s claim would succeed.”
MacKinven finished by explaining how, if successful in a defamation claim, Prestianni would likely be “entitled to financial compensation and a public apology”.
Please note that MacKinven’s comments do not constitute legal advice. There are no suggestions that Prestianni will take legal action at this time.
SPORTbible has contacted UEFA for comment.
Topics: Champions League, Football, Kylian Mbappe, Racism, Real Madrid, Vinicius Junior, Spotlight
Luke Davies