A/HRC/23/34
corporate activities, or to protect a specific logo or brand. 27 Sponsors have also played a
direct role in having artwork considered too controversial or not fitting their own interests
to be removed from artistic competitions, television shows or magazines.
52.
The aesthetic censorship of art,28 when artists are not free to choose their preferred
style or to borrow from others, is a field which is often overlooked. Specific styles of music
or visual arts are deemed to be political, and/or considered to carry a foreign ideology. The
claim that such styles are devoid of any artistic merit has led, for example, to the banning
of, or restrictions on, abstract or conceptual art. Artistic expressions specifically concerned
can include musical systems or styles such as heavy metal music (described as “satanic”) or
Reggae Ton and Dance Hall (criticized as demeaning of women).
D.
Specific measures and practices impacting on the right to freedom of
artistic expression
53.
Restrictions can be imposed at various stages of the artistic creation, from the
development of the idea through to production, performance, publication and distribution.
Restrictions on artistic freedoms can result from oppressive laws and regulations, but can
also be the outcome of a fear of physical or economic coercion.
54.
The Special Rapporteur is deeply concerned that artists in many parts of the world
feel threatened or have been attacked by aggressive audiences. Violence includes
assassinations, death threats, beating, burning of theatres and cinemas, blowing up of
DVD/CD stores, and destruction of artworks or musical instruments. Artists have been
accused of, and prosecuted for, incitement to violence when, in fact, aggressive individuals,
groups or crowds, sometimes with the duplicity of local or foreign State authorities, were
responsible for the incitement. Reactions to controversial artwork can be expressed through
the exercise of the rights to freedom of expression and peaceful assembly, but must never
take the form of violence. The Special Rapporteur also regrets that in some cases, the police
charged artists and cultural institutions to provide protection.
1.
Laws and regulations
(a)
Unclear regulations
55.
Restrictions on artistic freedom are often implemented through unclear regulations
or directives without legal basis. In too many cases, regulations are implemented without
consistency by non-transparent mechanisms with no possibility of appeal. In the area of
cinema or public art in particular, artists may be required to obtain additional permits from
State and non-State, as well as official and non-official authorities, “giving influential
parties and individuals the power to interfere and restrict freedom of expression”.29
Difficulties multiply when overlapping laws and regulations are used to prevent public
access to artworks.
56.
The Special Rapporteur recalls that laws imposing restrictions “must be formulated
with sufficient precision to enable an individual to regulate his/her conduct accordingly and
27
28
29
12
Nadia Plesner vs. Louis Vuitton, Case number 389526/KG ZA 11-284, Court of The Hague, 4 May
2011, http://www.nadiaplesner.com/simple-living--darfurnica1; and Mattel v. MCA Records, 296 F.3d
894, United States Court of Appeals for the Ninth Circuit, 2002.
Si Han, “The invisible red line – manoeuvring Chinese art censorship”, Background article related to
the Oslo Conference, p. 4.
Censorship in Lebanon: law and practice .A Collaborative Study by Nizar Saghieh,Rana Saghieh and
Nayla Geagea,