Boca Juniors' New Fan Rules Face Free Speech Challenge

Boca Juniors' recently implemented new regulations for season ticket holders have sparked a debate concerning freedom of expression. Andrés Gil Domínguez, a prominent constitutional lawyer and self-proclaimed Boca fan, has criticized a specific rule that prohibits subscribers from creating content for social media while inside their designated seats at the iconic La Bombonera stadium.

Gil Domínguez warned that this prohibition could potentially clash with rights protected under the Argentine Constitution and international human rights treaties. The club announced the updated regulations alongside the removal of an attendance filter for members. These changes are set to take effect starting with the upcoming home match against Lanús on August 28.

Under the new rules, season ticket holders must confirm their attendance up to one day in advance. Boca Juniors will also allow ticket holders to designate up to six authorized members to use their seats. However, the controversial clause is found in Article 7 of the Regulations, under obligations and prohibitions. It explicitly states: "Generating content for social media, conducting radio, television, or any type of broadcast from the location of your season ticket is prohibited. The Club may authorize such situations exceptionally."

The regulation also includes provisions for the club to revoke season tickets for non-compliance, without any right to compensation, and potentially involve the Disciplinary Tribunal. Gil Domínguez focused on the broad scope of this prohibition, asserting in a detailed social media post that the new rules contain "unreasonable requirements." He specifically identified the restriction on social media content creation as particularly problematic, stating it "directly collides" with freedom of expression guaranteed by Article 14 of the National Constitution and international human rights conventions, such as Article 13 of the American Convention on Human Rights.

The lawyer emphasized that the convention recognizes everyone's right to seek, receive, and disseminate information and ideas of all kinds through any chosen medium. He further noted that social media platforms are integral to the content protected under freedom of expression. Gil Domínguez's argument centers on the potential infringement of these fundamental rights by Boca Juniors' new policy.