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.