A/HRC/23/34
challenge for artists is to enjoy freedom including from their sponsors, whether State or
private.
(a)
Restricted access to State support and cuts in financial support
71.
State cultural policies need to take artistic freedoms into consideration, in particular
when establishing criteria for selecting artists or institutions for State support, the bodies in
charge of allocating grants, as well as their terms of reference and rules of procedure. The
system in place can help to avoid undue government influence on the arts.
72.
Reconciling public intervention and freedom is not an easy task. The pivotal factor
is ensuring that the system as a whole is neutral. In this regard, policies developed on the
basis of a “principle of pluralism” may be worth exploring as a good practice.44 The “arm’s
length principle”, whereby independent experts, in particular peers, are mandated for a
limited time period to allocate funds and grants, also seems a good guarantee against undue
political influence. Another way of supporting the arts without interference with regard to
content is through improving the social status of artists, in particular their social security,
which seems a widely shared concern amongst them.
73.
Criticism over publicly funded artworks made by Government, Parliament, or any
group, remains part of the debate. However, financial cuts and harsh criticism against
cultural institutions or specific artworks may also be a cover for censorship. 45 As one
observer stresses, “When state authorities threaten to withdraw financial support from
certain cultural institutions while giving preference to others whose political views are
closer to their own, they are engaging in a violation of freedom of speech.”46
“Market censorship”
(b)
74.
Private art institutions may enable critical, unconventional, controversial and “avantgarde” art works to be displayed or performed. However, the adverse consequences on
artistic freedoms of the increasing weight of corporate sponsorship need to be assessed.
Cultural producers and artists refer to the existence of a “censorship by the market”, arising
in particular when cultural industries are basically market-oriented, public funding is under
pressure and alternative distribution is minimal.
75.
The following are of particular concern: (a) corporation consolidation within all
branches of cultural production, which frequently results in de facto monopolistic control;
and (b) the incorporation of media, arts and entertainment holdings into corporate empires,
and their impact on artistic freedoms and on people’s access to the arts. 47 Whole chains of
production of artworks, in particular in the area of music and movies, are controlled from
creation to distribution by particular corporations. Companies may have control over
bookstores, concert halls and cinemas. This may lead to situations where, for example,
music bands’ protests against war plans resulted in their songs being removed from
hundreds of radio stations controlled by a media conglomerate, very large consumer
retailers censoring any CD labelled “Parental Advisory”, and musicians and record
companies agreeing to create a “sanitized” version of lyrics for particular megastores. The
recent refusal by a major private digital distributor to publish an e-book containing several
photographs of nude hippies is another example. 48 The drastic reduction in the number of
independent book and music stores in comparison to chain and megastores, which “have
44
45
46
47
48
16
Céline Romainville, p. 10; submission from Romania.
Submission from the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) .
Association for Civil Rights in Israel, Project Democracy: Fighting for the Ground Rules, p. 15.
Robert Atkins, Svetlana Mintcheva, Censoring culture, op. cit., p. xix.
Submissions from Denmark and the Council of Danish Artists.