Why Gianluca Prestianni Could Sue Vinicius and Kylian Mbappe After Racism Row
- A leading sports lawyer says Gianluca Prestianni could potentially sue Vinícius Júnior and Kylian Mbappé for defamation if he is cleared by UEFA
- The Champions League clash between Benfica and Real Madrid was halted for 10 minutes after Vinícius reported alleged racist abuse, triggering the anti-racism protocol
- If found guilty under UEFA’s Article 14, Prestianni could face a 10-match ban, though any sanction could be appealed to the Court of Arbitration for Sport (CAS)
A sports lawyer has suggested that Gianluca Prestianni could potentially take legal action against Vinícius Júnior and Kylian Mbappé after accusations that he used a racist slur towards the Brazilian forward.
On Tuesday, February 17, the Champions League play-off first leg between Benfica and Real Madrid was temporarily halted.
Source: Getty Images
Shortly after scoring the only goal of the match and becoming involved in an altercation with Prestianni, Vinícius ran towards referee François Letexier and alleged that he had been subjected to a racial slur.
Letexier crossed his arms to signal that the anti-racism protocol had been activated. Vinícius and the rest of the Real Madrid starting XI subsequently left the pitch.
After discussions with Benfica head coach José Mourinho, Los Blancos returned to the field approximately 10 minutes later and the match resumed.
Following the final whistle, several players, including Trent Alexander-Arnold, Mbappé and Vinícius, publicly condemned the alleged comments.
Prestianni later issued his own statement on Instagram, denying the allegations. The Argentine said:
“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, UEFA confirmed it had appointed an ethics and disciplinary inspector to investigate the incident. It remains unclear exactly what was allegedly said as the investigation continues.
If found guilty, Prestianni could face a 10-match ban under Article 14 of UEFA’s disciplinary regulations, which covers racism and discriminatory conduct. A player has the right to appeal to UEFA’s Appeals Body and subsequently to the Court of Arbitration for Sport (CAS) if they choose to challenge any sanction.
Why Prestianni could sue Vinicius and Mbappe
But what if Prestianni proves his innocence — and could he take legal action against Vinícius?
After Tuesday’s match, SPORTbible spoke exclusively to Fraser MacKinven, partner at UK law firm Burness Paull, where he leads the sports and entertainment practice.
Asked whether Prestianni could pursue legal action, MacKinven said 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.”
MacKinven explained that for a defamation claim to succeed, statements must be made publicly and clearly identify the claimant — in this case, Prestianni — should he decide to proceed. “This should be relatively straightforward to establish, given the statements were recorded and broadcast on TV and social media,” he said.
The statements must also harm a person’s reputation and may, but do not necessarily have to, result in financial loss.
When asked whether Mbappé could also face legal action after suggesting he heard Prestianni direct a racist slur at Vinícius “five times”, MacKinven responded:
“If a player such as Mbappé claimed to have heard the racial slur when he didn’t, then that would likely be defamatory. It is worth noting that Mbappé probably wouldn’t be able to rely on being mistaken — i.e. thinking he had heard the slur — as a defence.”
Source: YEN.com.gh
