Слобода изражавања у спорту и њена ограничења
Freedom of expression in sports and its limitations

Summary/Abstract: This analysis examines the validity of rules that restrict athletes’ freedom of expression on political issues to uphold the principle of political neutrality. The first part of the paper highlights the importance of respecting this principle in sport. It then presents the emerging forms of expression by athletes on political issues at sporting events and in the digital environment. At the same time, the challenges faced by the sports movement in carrying out its activities are retrospectively outlined. In the second part of the paper, the author considers possible dilemmas in assessing whether contractual restrictions on the right to freedom of expression are legally valid. By applying the normative and dogmatic method, it is concluded that a balance must be achieved between the athletes’ right to respect for private and family life and their right to freedom of expression, as well as between the right of sports organisations and clubs to protect their reputation. The difficulties in achieving such a balance arise from the fact that athletes’ freedom of contract is legally and factually limited. In the third part of the paper, through a case study and analysis of the European Court of Human Rights practice, explanations are provided regarding the justification for restricting athletes’ freedom of expression on political issues. The author concludes that human rights may be justifiably restricted to protect the principles of action of sports organisations, provided that such restrictions are prescribed by law. The Law on Sports of the Republic of Serbia does not prescribe a general norm prohibiting athletes from expressing themselves on political issues. However, the law refers to the directly binding application of sports rules that contain restrictions on athletes’ right to freedom of expression. Given the quality of the norms in sports rules, the justification for such restrictions may be questionable. Moreover, it is possible that athletes’ right to freedom of expression could be violated.

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