A/69/286 89. Of note, European Union directive 2010/13 considers as prohibited surreptitious communication: the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the media service provider to serve as advertising and might mislead the public as to its nature. Such representation shall, in particular, be considered as intentional if it is done in return for payment or for similar consideration. It further states that sponsoring programmes or audiovisual media services shall not affect the editorial independence of the media service provider; they shall not directly encourage the purchase or rental of goods; and viewers shall be informed of the sponsorship agreement. Product placement is restricted. The European Convention on Transfrontier Television of 1989 also requires the regulation of advertising. 2. Commercial sponsorship of the arts 90. As noted in the Special Rapporteur ’s report on artistic freedom, cuts in public spending have enhanced the importance of private sponsorship of the arts (A/HRC/23/34, para. 70). While tax incentives may be a welcome means of encouraging private sponsorship of the arts and stimulating cultural production, the balance should always be in favour of artistic freedom and creativity. It is important to safeguard against sponsors reorienting activities to be more attractive to the market, and States should ensure that corporate sponsorship does not result in the arts and artists becoming mere advertisers of corporate interest s. The desire of corporations to protect a specific logo or brand or to silence criticism of their product may also result in art restrictions. In most countries, private sponsorship of the arts appears to be an unregulated area. The concern is the long -term impact on art and cultural programming and the freedom of expression of artists, including towards corporations. 91. A recent global trend in art museums is “brand exhibitions”, which are not only sponsored by, but devoted to, luxury brands, including the representation of their logos or values and the sale of their products in museum stores. 45 This raises a number of questions and concerns regarding the distinction to be made between support and direct advertising, between advertising and other content and in terms of the balance needed between private benefit and public interest, including the right of people to enjoy the arts in spaces sheltered from undue commercial influence. 46 92. Art institutions use internal measures to review the benefits and ris ks of collaboration with for-profit companies. Important issues that need to be addressed include the potential impact of collaboration on the good name and/or reputation of the institution; whether the corporation’s values, products and services are consistent with those of the institution and its community; and respect for the institution’s mission and programme. 47 __________________ 45 46 47 20/26 See, e.g., Louvre pour tous, “Publi-expositions, des expos publicitaires dans les musées”, 17 November 2013. Le Monde, “Quand les marques s’exposent au musée”, 8 October 2012. Association of Art Museum Directors, “Managing the relationship between art museums and corporate sponsors”, 2007. 14-58963