A/69/286 93. To guard against the potential negative consequences of corporate sponsorship, organizations have developed toolkits to assist artists. 48 Some countries have conducted surveys on cultural events, organizations and activities to identify and analyse trends in public and private funding. Such initiatives should be encouraged. 3. Sponsorship and conservation of cultural heritage 94. The presence of a private sponsor of cultural heritage made obvious through oversized logos or advertisements may provoke strong reactions among people who feel that their rights to access cultural heritage or to participate in cultural life have been curtailed. Concerns have also been expressed about the granting of exclusive rights to a sponsor for projects to renovate historical sites. 95. Many countries have laws restricting advertising on and around historical sites or monuments. Recently, however, temporary advertising on scaffolding during renovation has become a practice in several countries. A good practice is using the image of the building in its original or post-renovation state with the name of the sponsor appearing in small print rather than displays directly promoting the sponsor. V. Conclusions and recommendations 96. Throughout the world, cultural exchanges stimulate the modification of cultural practices, evolving philosophies and worldviews. The concern is not that change occurs, but rather the disproportionate and omnipresent nature of commercial advertising and marketing. Often backed by strong financial means and privileged access to mass media, and increasingly resorting to techniques that may influence people at a subconscious level, commercial messaging contributes to shifting practices towards consumption and uniformity. This has a significantly impact on creativity and affects cultural and symbolic landscapes — whether physical or digital — and people’s cultural values and philosophical beliefs. It is time to acknowledge this phenomenon and to investigate thoroughly the impact on cultural diversity and the right of people to choose their own ways of life. 97. States wishing to protect cultural diversity need to protect their societies from undue levels of commercial advertising and marketing while increasing the space for not-for-profit expressions. 98. States have a particular responsibility in ensuring that public space remains a sphere for deliberation, cultural exchange, social cohesiveness and diversity. The protection of public space is not the only important issue, however, as commercial advertising and marketing practices have intruded into private spheres and the family. 99. While commercial advertising and marketing practices may be protected under the right to freedom of expression, limitation clauses as provided for in article 19 of the International Covenant on Civil and Political Rights apply; in particular, restrictions necessary to ensure respect for the rights of others may be provided by law. The Special Rapporteur notes that the right to freedom of thought, opinion and expression, the right to privacy and family life, the rights __________________ 48 14-58963 Arts Sponsorship Toolkit, Business and Arts South Africa, www.basa.co.za/?page_id=52. 21/26

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