QUOTE(Duke Red @ Jan 14 2011, 04:22 PM)
Where does one draw the line between voicing and opinion and making an accusation though?
Rather than taking action, I'd rather they look at prevention. Accusations that a ref is biased usually surface after fans watch replays and the ref was clearly wrong. This in turn can be attributed to FIFAs reluctance to introduce video replays. I'll stop here before I stray any further but you get the gist of it.
For the sake of sticking to the thread title, I'll try to keep this discussion in the context of this incident. If I read you right, you are suggesting that the FA has clamp down on this to set and example. As it is they have been rather inconsistent in dealing with comments or accusations made verbally to the press. This in itself has led to accusations of favouratism practiced by the FA. If they do decide to make an example of Babel, they need to ensure that it is a blanket rule and that they punish any offender, regardless of reputation or status. Or, they can take this as a one-off and deal with each issue as it arises.
As with most human decisions, the line is drawn by - humans, based on the peculiar facts of each case. This is the reason why panels are set up and why there is court of law etc. In most legal systems / association laws etc, there is always room for personal input from whoever sits in the decising role - it is after all their "experience" and "know how" that puts them in that seat in the first place - they, the arbiters are suppose to be able to decide based on their (perceived) vast knowledge and understanding of the game and rules and can give a decision in context.
Which is why it is academic that the discussions here go on without having sight of the arbiter's decision - which we wont have, since Babel has accepted the charge. To criticse the arbiter's decision, one has to look at their written grounds and reasoning and draw conclusions from what one sees. I have stated that my earlier post was just my 2 cents based on my perception and that alone. And yes, reluctance of FIFA to allow replays for consideration does complicate matters - even if a decision is written, likely no weight can be adduced on external tv replays - so those evidence are just conveniently ignored. Sad but to overcome this the only way is to amend the laws and that means someone has to vote our good friend Sepp out of office and do something about it.
And nope I did not suggest that FA clamp this down. I am just saying in my humble view that would appear to be one reason or factor the FA looks at - without the grounds of decision we can only speculate - and if that is so i think Babel was just unfortunate to be the first to be tested and punished. Like it or not, at least this sets a precedent as to future conduct (whatever passed - neil warnock and co - will remain past) and in future if there are damaging tweets going beyond mere vulgar words (again who judges this? the arbiters - its a subjective test) may have a tougher time to distinguish their case from that of Babel's.
And yup you are right there could be a blanket rule. But i still think they will deal with it ad hoc. This does not mean favouritism (at least not legally) because it is trite law that there can never be two exact scenarios - there are bound to be differences (mental state, occassion of the breach, background of complainents, repeat offenders? etc etc... possibilities are endless) and these differences may or may not lead to different results. The arbiters will have to live with the criticms on their decisions, but a decision they have to make nonetheless.