The Justiciary Appeal Court has upheld the conviction against a football supporter who sung the so called 'Famine Song', ruling the song to be a form of racist abuse.

William Walls was convicted for breach of the peace, aggravated by religious and racial prejudice, at Kilmarnock District Court in December. Upholding the conviction, Lord Carloway said the lyrics called on people to leave Scotland because of their racial origins.

The song's chorus contains the lyrics: "the famine is over, why don't you go home", commonly understood to relate to the supporters of Glasgow football club Celtic FC.

Rangers FC has asked fans to not to sing the song, which refers to the famine that killed an estimated one million people in Ireland in the 1840s. 

"Presence inside a football stadium does not give a spectator a free hand to behave as he pleases," Carloway said.

"There are limits and the appellant's conduct went well beyond those limits. The court does not consider that the lyrics of this refrain bear any reasonable comparison to those of 'Flower of Scotland' or indeed 'God Save the Queen'.

"Rather they are racist in calling upon people native to Scotland to leave the country because of their racial origins. This is a sentiment which... many persons will find offensive." 

Carloway said that singing the song "displays malice and ill-will towards people of Irish descent living in Scotland".

The full judgement can be read here.