A/HRC/23/34
companies and social groups also use art to propagate their ideas and promote their
interests, including concepts of right and wrong to create homogeneity of belief and
behaviour. In most cases, restrictions on artistic freedoms reflect a desire to promote a
world vision or narrative “while simultaneously blocking all others”.16
37.
An artwork differs from non-fictional statements, as it provides a far wider scope for
assigning multiple meanings: assumptions about the message carried by an artwork are
therefore extremely difficult to prove, and interpretations given to an artwork do not
necessarily coincide with the author’s intended meaning. Artistic expressions and creations
do not always carry, and should not be reduced to carrying, a specific message or
information. In addition, the resort to fiction and the imaginary must be understood and
respected as a crucial element of the freedom indispensable for creative activities and
artistic expressions: representations of the real must not be confused with the real, which
means, for example, that what a character says in a novel cannot be equated with the
author’s personal views. Hence, artists should be able to explore the darker side of
humanity, and to represent crimes or what some may consider as “immorality”, without
being accused of promoting these.17
38.
While policies designed to attract wider audiences to art should be encouraged, this
should not exclude controversial works because unprepared audiences may be put in
contact with them. Rather, it is imperative to enhance arts education, which can be seen as a
strong and efficient alternative to censorship.
39.
The open access to, and circulation of, artworks through the Internet has increased
challenges, with instances of conflicts ignited over artistic expressions made locally, but
distributed globally. However, the issue of the Internet must not obfuscate the fact that a
great majority of violations of artistic freedoms concern artists working in their own
country and questioning their own cultural heritage, traditions and surroundings.
III. Restrictions and obstacles: the need for national assessments
40.
The multifaceted character of restrictions and obstacles to artistic freedoms needs to
be acknowledged so as to provide a better understanding of the obligations of States to
respect, protect and fulfil these freedoms and develop good practices.
41.
In a large number of cases, States resort to imposing restrictions authorized under
international law in inappropriate or abusive ways, favouring some worldviews over others.
Consequently, stakeholders lose confidence in State institutions, leading to a loss of
credibility of Governments, including when they legitimately impose limitations in
accordance with articles 19 (3) or 20 of ICCPR. This effect is amplified when rules are
ambiguous and procedures are not transparent.
A.
Persons impacted
42.
Obstacles to artistic freedoms impact on the enjoyment of rights by a wide range of
people: the artists themselves, whether professionals or amateurs, as well as all those
participating in the creation, production, distribution and dissemination of artwork. They
include authors, musicians and composers, dancers and other performers, including street
16
17
Marie Korpe, Ole Reitov and Martin Cloonan, “Music censorship from Plato to the Present”, in Music
and Manipulation, Bergahn Books, 2006.
Agnès Tricoire, Petit traité de la liberté artistique (La Découverte, Paris, 2011); Submission from
Denmark, p. 1.
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