The Telegraph quoted a FIFA spokesman, as saying that Henry could yet face punishment should the commission, which will meet at some stage in the next two weeks, chooses to study the incident.
Henry, who has called for the game to be replayed, has admitted he handled the ball before crossing for William Gallas to score, but he is likely to be punished only if it is thought he deliberately cheated.
"The disciplinary commission is an independent organ. It will decide if the case is of interest. The possibility exists of sanctioning a player for unsporting behaviour on the basis of video evidence," the FIFA spokesman said.