A/HRC/23/34
creativity would by far outweigh the benefit of its goals.36 In countries where priorcensorship bodies exist, the immediate abolition of these bodies should be envisaged, as
regulating access for children and youth can best be implemented through rating and
classification procedures.
(c)
Classification and rating
62.
For some specific areas of artistic creativity, to the use of regulation, understood as
“the disinterested classification of content according to publicly available guidelines”,37
seems a better option. For example, one collective of artists has advocated for regulation
instead of censorship in their country, and suggested the implementation of “a regulatory
system that is user-friendly, transparent and accountable.”38 Regulation as classification
includes greater freedom of expression, as works fitting in the highest rated category shall
remain uncut except materials that are prohibited by a court of law in accordance with the
law; accordingly, with such very limited exceptions, adults shall be able to have access to
all artworks. Regulation as classification would also enable the public to make an informed
decision about what they want to experience, or allow their children to experience; and
setting clearer rules for all stakeholders. 39
63.
Classification bodies have been established in many countries to protect children
from contents that are easily accessible by them, in particular movies, music and video
games. These include private voluntary rating associations or self-regulatory bodies. In
some States, it is clearly indicated that classification bodies may not order the deletion of
specific scenes in movies, or that “adults should be able to read, hear and see what they
want”. Some States have, however, retained a level of classification which leads to
prohibition of content.
64.
Such regulations constitute limitations and may be acceptable only to the extent that
they fully comply with international standards. Classification and rating may be used as
tools of oppression and should be used with care and transparency.
(d)
Regulation over the use of public space
65.
To what extent may those engaged in artistic activity use public spaces to share their
works? This concerns various kinds of artistic expressions and creations, from street theatre
performances to graffiti, reciting poems or shooting films in open spaces, street dancing, to
displaying commissioned visual art in city plazas and streets. A related question is the
extent to which people may engage in “public art”, in reference to “artistic practices, which
use locations outside of traditional art spaces for the production, exhibition, and mediation
of art. (…) Often, pieces in public space critically deal with social and political issues,
which aim at stimulating discussions, propelling social interaction, inviting locals for
participation in the conception and execution of the work, and finding alternative audiences
with a broader range of spectators.”40 The use of public space for art is crucial as it allows
people, including marginalized people, to freely access, enjoy and sometimes contribute to
the arts, including in its most contemporary forms. In some cases, artistic expressions and
36
37
38
39
40
14
See also Article 19, Censorship, Violence and Press Freedom,
http://www.article19.org/pages/en/censorship-violence-press-freedom-more.html.
2010 Arts Community Position Paper on Censorship and Regulation, Singapore, p. 3.
Ibid.
Ibid., p. 6-7.
Markus Graf, “Radius of art: Thematic Window - Public Art”, Heinrich Böll Foundation, 22 March
2012.