THE STATE OF ARTISTIC FREEDOM 2020 FREEMUSE THE STATE OF ARTISTIC FREEDOM 2020 1 Freemuse is an independent international organisation advocating for and defending freedom of artistic expression. We believe that at the heart of violations of artistic freedom is the effort to silence opposing or less preferred views and values by those in power – politically, religiously or societally – mostly due to fear of their transformative effect. With this assumption, we can address root causes rather than just symptoms – if we hold violators accountable. Our approach to artistic freedom is human rights-based as it provides an international legal framework and lays out the principles of accountability, equality and non-discrimination, and participation. ©2020 Freemuse. All rights reserved. Design and illustration: www.NickPurserDesign.com Editor: Dr Srirak Plipat Freemuse thanks those who spoke to us for this report, especially the artists who took risks to take part in this research. We also thank everyone who stands up for the human right to artistic freedom. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of March 2020. Nevertheless, Freemuse cannot accept responsibility for the consequences of its use for other purposes or in other contexts. This report is kindly supported by the Swedish International Development Cooperation Agency (Sida), the Norwegian Ministry of Foreign Affairs and Fritt Ord Norway. THE STATE OF ARTISTIC FREEDOM 2020 FREEMUSE Today, perhaps all of us wonder “ whether a trigger pulled, a steering wheel turned, or a pin tugged by the fingers of some violent extremist will strike down our future prematurely. But the actions of violent extremists cannot totally obliterate our world. Only governments can do that—and this is the greater tragedy of today. Left on their current course, it will be governments who will break humanity. Terrorists may attack us, but the intellectual authors of those crimes will then often sit back and watch as governments peel away at human rights protections; watch, as our societies gradually unravel, with many setting course toward authoritarianism and oppression— staging for us, not a century of achievement and pride, but a century that is small, bitter and deprived, for the vast majority of humans. UN HIGH COMMISSIONER FOR HUMAN RIGHTS ZEID RA’AD AL HUSSEIN, 2017.1 ” 4 FREEMUSE CONTENTS SUMMARY 6 CHAPTER 1: THE VISUAL STORY 9 CHAPTER 2: GLOBAL TRENDS 27 Nationalism grows at the cost of free expression 30 Religious values and institutionalisation 35 Limitations still imposed on LGBTI artistic expression 41 Suppressing artistic freedom on the grounds of ongoing and past conflicts 45 The restrictive environment for artistic expression online 49 Restrictive laws and policies limiting artistic freedom 54 CHAPTER 3: COUNTRIES OF CONCERN 60 BRAZIL 61 CHINA 64 FRANCE 68 EGYPT 70 INDIA 73 INDONESIA 76 IRAN 79 LEBANON 82 NIGERIA 85 RUSSIA 88 TURKEY 92 USA 95 ZIMBABWE 98 RECOMMENDATIONS 101 ENDNOTES 107 THE STATE OF ARTISTIC FREEDOM 2020 5 SUMMARY The State of Artistic Freedom 2020 report is a research feelings. There are examples of both artists and their publication produced annually by Freemuse through works being targeted for content which presents the analytical examination of relevant developments issues related to religion. In addition, appropriation and documented violations to the right to freedom of religion for political gain is rife in various parts of artistic expression. It is essential that these of the world where laws that criminalise blasphemy violations are continuously exposed in order to and insults to religion are used to impede the right reflect contemporary challenges and ensure that to freedom of artistic expression. Such laws also are states are held accountable for their inadequacy to also in contradiction with international standards of protect and promote the right to artistic freedom. human rights. The State of Artistic Freedom 2020 report is based The deepening of a discourse based on uninhibited on 711 incidents where this right was violated or nationalist, as well as populist, sentiments in other ways restricted through national laws in continue to pose a concerning challenge for artists 93 countries. Freemuse utilises statistical data, as where political leaders introduce new measures well as qualitative interviews with artists to provide to limit political dissent. Growing nationalism personal stories and insights about the limitations has led to increasing intolerance, particularly placed on artistic freedom. towards alternative narratives and vulnerable groups such as LGBTI, women and migrants. Antiterrorism legislation continues to be used to Freemuse has documented censorship as the most undermine fundamental freedoms in the name of common violation of artistic freedom. Artworks strengthening national security. Vague definitions and artists are unduly censored at a global scale of what constitutes terrorism allow for governments due to their creative content, which is opposed to investigate artists on charges of “glorifying” by governments, political and religious groups, terrorist organisations, as seen in Turkey and Spain. social media platforms or by private individuals. Artists around the world continue to face severe Freemuse has identified LGBTI persons and their infringements on their human right to free artistic expressions as an area facing continuous expression through detentions, threats, prosecutions pushback both when portrayed in artworks and and imprisonments. The main motive for these when it comes to the artists’ own sexuality. Artworks violations was found to be political, which reflects are challenged with censorship in countries an increasing malcontent for artistic expression which outlaw alleged “promotion of homosexual addressing political issues and a widespread propaganda”. With these laws, protection of deterioration of core democratic principles. traditional family values and children is used as the rationale for prohibiting LGBTI-themed artworks. Compelling patterns and trends evident in Suppression of LGBTI expression has particularly Freemuse’s ongoing monitoring and documentation been pushed at a governmental level with the growth are presented in this report. These trends resemble of nationalism, including religious nationalism and the most prevailing restrictions on artistic freedom far-right groups, as seen in Brazil, Russia, India during 2019 and are analysed through emblematic and Hungary. At the same time, artists who are case examples. They similarly provide a broader outspoken about LGBTI rights experience threats of insight into the political landscapes that demonstrate violence and harassment from people arguing that serious disregard to international human rights law. they are insulting religious sentiments. The report shows how governments continue to Recorded violations of artistic freedom have exercise censorship to avoid hurting religious illustrated how both past and ongoing conflicts 6 FREEMUSE negatively impact on the right to freedom of artistic other provisions to silence artists. This can be seen expression. Armed conflicts and territorial disputes through the prohibition of the use of state symbols restrict the ability for artists to visit certain territories or the imposition of bans on cultural exchange and thus limit their opportunities to perform and among countries in conflict. Recorded cases of share their art. Further, evolving issues related to violations of freedom of artistic expression show the legacy of the conflicts in art have in some cases how governments and other authorities impede on led to censorship part of a wider clampdown on artistic content in ways that critically fail to respect expression supportive of political oppositions. human rights. Artists are censored, attacked, harassed, detained, imprisoned, persecuted and An increasing number of artworks and creative killed for their artistic expressions. Such incidents expressions shared on social media platforms are set limiting examples for other artists and may result censored. Serious concerns have been raised by in widespread fear and exercise of self-censorship. human rights organisations regarding national laws that have been introduced to combat online Freemuse lists 13 countries of particular concern: hate speech. With a lack of definition of what Brazil, China, Egypt, France, Indonesia, India, Iran, constitutes hate speech, laws have made social Lebanon, Nigeria, Russia, Turkey, the United States media companies such as Facebook responsible for of America and Zimbabwe. These countries have removing such content within a limited timeframe. been considered for the worrying violations and Such laws have proven insufficient and difficult for developments documented in each of the countries companies to meet. Cases also show how Facebook’s and analysed with regards to their human rights own Community Standards—which outline content responsibilities. In addition, other countries are prohibition—are often not correctly upheld and presented throughout the report which exemplify artworks are taken down. In addition, the anonymity how governments fail to respect freedom of artistic that online platforms can provide pave the way for expression at a global scale. artists receiving threats and intimidating messages. This represents another major challenge for artists In this report, Freemuse offers several to express themselves freely without