A/HRC/23/34 performers, comedians and playwrights, visual artists, authors, editors, film producers, publishers, distributors, directors and staff working in libraries, galleries, museums, cinemas or theatres, curators and organisers of cultural events. Audiences may also be affected. It is important to recognize the artistic freedoms of all persons when they participate in cultural life or wish to engage in creative activities. 43. Restrictions on artistic freedoms may target some categories of the population more specifically. Women artists and audiences are at particular risk in some communities, and are prohibited from performing arts altogether, from solo performances before mixed audiences, or from performing with men. In a number of countries, many women making a living as artists, or wishing to engage in artistic careers, particularly in the area of cinema, theatre, dance and music, continue to be labelled as “loose” or “prostitutes”. Ethnic and religious minorities may also suffer from prohibitions such as using a language or artistic style specific to a region or a people. People with disabilities may suffer particular prejudice when wishing to perform or display their work. B. Actors imposing restrictions or creating obstacles 44. A wide range of actors may create obstacles or impose restrictions to freedom of artistic expression and creativity. These include States, but also non-State actors in their own spheres of influence, such as mass media, broadcasting, telecommunications and production companies, educational institutions, armed extremists as well as organized crime, religious authorities, traditional leaders, corporations, distribution companies and retailers, sponsors, as well as civil society groups such as parents’ associations. C. Motivations 45. The Special Rapporteur recalls that the expression of political dissent and participation in public debate, including in the form of art, is protected under article 19 of ICCPR. Public figures, including those exercising the highest political authority, are legitimately subject to criticism and political opposition. Therefore, laws on matters such as lèse majesté, desacato, disrespect for authority, disrespect for flags and symbols, defamation of the head of State and the protection of the honour of public officials, do raise concern. States should not prohibit criticism of institutions such as the army or the administration. 18 46. The suppression of political dissent, the quest for nation-building and pursuit of hegemonic policies have always been prominent reasons for art censorship. In some countries, artistic expressions openly critical of a Government are still systematically suppressed. Lyrics, visual and performance art criticizing public figures or institutions (such as the police), or using national symbols (such as flags, the image of a monarch or head of State and/or Government, or the national anthem), may be censored. In countries engaged in armed conflicts, artistic expressions questioning the legitimacy or the conduct of the war are frequently marginalized or suppressed. The accusation of “separatism” or “terrorism” or being “unpatriotic” can be levelled at artworks criticizing the Government. 47. Restrictions on artistic freedoms based on religious arguments range from urging the faithful not to partake in various forms of artistic expression to outright bans on music, images and books.19 Artists have been accused of “blasphemy” or “religious defamation”, 18 19 10 CCPR/C/GC/34, para. 38. “A very dark future for the local populations in Northern Mali,” warn United Nations experts, 7 October 2012.

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