Artistic Expression and the Right to Create

Art is one of the oldest forms of expression, and it is protected by the same right that protects journalism and everyday opinion. Musicians, writers, film-makers and other artists often test boundaries; that is part of what art does.

Where the protection comes from

Article 19 of the Universal Declaration of Human Rights and Article 19 of the International Covenant on Civil and Political Rights protect the freedom to seek, receive and impart information and ideas of all kinds through any media. Participation in cultural and artistic life is also recognised in Article 27 of the Universal Declaration.

Why artists are exposed

Because their work reaches large audiences and can carry social or political meaning, artists can be especially exposed when freedom of expression is weak. Protecting the principle for a controversial artist is how it stays meaningful for everyone who creates.

The limits

Expression is not unlimited, but any restriction must meet three strict tests at once: it must be set out in law, serve a legitimate aim, and be genuinely necessary and proportionate. Vague or sweeping rules used to punish art or dissent fail these tests.

References

• Universal Declaration of Human Rights, Articles 19 and 27.
• International Covenant on Civil and Political Rights, Article 19.