Information packs designed to arm arts organisations in the UK with the legal knowledge to counter pressures to shut down controversial work has been launched by freedom of expression campaigners.
The booklets, produced by Index on Censorship and Vivarta, are designed to be used across the arts by those involved in planning controversial works. Their publication follows the Barbican’s cancellation last year, on police advice, of Brett Bailey’s Exhibit B, which featured live models including a black man in a cage ,after the show was picketed by protesters.
“We have to ask what sort of message that sends out from the police to arts organisations who are considering putting on work that deals with contested issues in society, that might divide opinion, or cause offence to a particular group,” said Julia Farrington, who was on the editorial board behind the packs. She described them as “timely” because both Exhibit B and the policing around Israeli hip-hop opera the City, in Edinburgh, suggested that a “disturbing pattern” was emerging in the arts.
“As things stand, protest can and does close down art events,” she said.“It is a tough climate for risk taking in the arts, and artistic freedom thrives when arts organisations are willing and able to take risks with new voices, difficult subject matter.”
The booklets cover areas of law including child protection, counter-terrorism, obscene publications, race and religion, and public order. The packswere produced following pro-bono support from lawyers at Bindmans LLP, Clifford Chance, Doughty Street, Matrix Chambers and Brick Court.
“Arts organisations are under a lot of pressure from all quarters, financial, social and political, which leads to self-censorship at an institutional level. These constraints get passed on to the artist through the sort of work that organisations choose to programme,” said Farrington.
The booklet dealing with public order offences contains practical guidance such as making motivations behind works clear, considering the costs of extra security and opening dialogue in advance with groups who may have a different viewpoint.
In the booklet dealing with the law around counter-terrorism, artists and organisations involved in work that may be likely to be viewed as encouraging or glorifying terrorism are advised to take steps including drafting a freedom of speech statement. It adds: “You may decide to inform the police of your plans to present work, but do not seek permission to exhibit, which they cannot grant anyway. If you think the work may be borderline or cross over the line, it is best to take legal advice on the level of risk.”
