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In general, artistic expression is protected as part of a broader right to freedom of expression. The European Court of Human Rights regards Article 10 of the Convention as protecting artistic freedom because it protects the overall right to take part in the public exchange of cultural, political and social information and ideas of all kinds. Anyone creating and showing works of art is considered to be contributing to the free exchange of ideas, which is essential for any democratic society.
Other international and national frameworks protect artistic expression as an autonomous right, independent of freedom of expression. For example, the European Charter of Fundamental Rights protects freedom of arts in a separate article from freedom of expression. Similarly, in France, artistic creation is protected in a special law which is independent of law relating to freedom of expression. French law requires that artistic creation and its diffusion can be exercised freely, without public censorship of this freedom. The French criminal code also protects artistic creation from private censorship as it prohibits the obstruction, in a concerted or threatening manner, of freedom of artistic expression.
Article 10 of the Human Rights Act reads in full:
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
If you have any questions concerning this statement on Freedom of Expression, email us on:
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