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