“With democracy under great pressure, the key role of arts and culture as powerful means for maintaining constructive dialogue in democratic, diverse and open societies becomes ever more evident. The right to freedom of artistic expression is a key to this and ensures the pluralism and vitality of the democratic process.” (Secretary General Marija Pejčinović Burić)

This report gives a comprehensive overview of the challenges that European artists and cultural workers face in the practice of their right to freedom of artistic expression. These range from laws that curtail creative freedom, attacks from nongovernmental groups and online threats to the “under-the-radar” pressures that contribute to self-censorship.

It reflects the work carried out by the Council of Europe, other international intergovernmental organisations promoting freedom of expression and human rights, and non-governmental, civil society and cultural organisations concerned with both the rights of artists and cultural rights in general, as well as the experiences and perspectives of artists. It concludes with recommendations on what can be done to protect artistic freedom, by international institutions such as the Council of Europe and by the cultural sector and artists themselves.

Table of contents:

CHAPTER 1 – INTRODUCTION
• Methodology
• CHAPTER 2 – THE COUNCIL OF EUROPE AND THE DEFENCE OF FREEDOM OF ARTISTIC EXPRESSION
• The Manifesto on the Freedom of Expression of Culture and the Arts in the Digital Era
• Free to Create, Create to be Free
• The European Convention on Human Rights
• The European Court of Human Rights
• CHAPTER 3 – INTERNATIONAL CONVENTIONS PROTECTING ARTISTIC FREEDOM
• United Nations “mechanisms”
• UNESCO
• CHAPTER 4 – DEFINITIONS OF FREEDOM OF ARTISTIC EXPRESSION
• CHAPTER 5 – WHO PROTECTS ARTISTIC FREEDOM? – STATES, CIVIL SOCIETY AND CULTURAL ORGANISATIONS
• States
• Civil society: human rights defenders, media freedom advocacy groups and artistic freedom
• Cultural organisations
• CHAPTER 6 – STATE OF ARTISTIC FREEDOM IN EUROPE 2020-22
• Artistic freedom in numbers
• Anti-terror and national security laws to silence legitimate commentary
• “Mocking” the power mongers
• Blasphemy and defamation against religions
• Violence and intimidation
• Gender, sexuality and “family values” – Conservative targets
• “Nuisance” cases – Strategic lawsuits against public participation
• The Covid-19 pandemic and creative freedom
• Online dangers and threats
• CHAPTER 7 – DEVELOPMENTS WITHIN EUROPE – “UNDER THE RADAR”
• Institutional self-censorship – Museums, cultural and academic institutions
• Underrepresented groups
• Status of the artist – Social and economic rights
• Self-critical views from the Nordic Region – Cultural funding and artistic freedom
• CHAPTER 8 – NETWORKING, SOLIDARITY, “SAFE EXITS” AND BUILDING PUBLIC UNDERSTANDING – ARTISTS ADVISE
• Safe spaces and “emergency exits”
• Responding to scandals, smear campaigns and apathy – Arts freedom and the media
• Learning about artistic freedom
• CHAPTER 9 – RECOMMENDATIONS AND WAYS FORWARD
• States
• Civil society and cultural organisations
• Emergency programmes and safe places
• Educational and academic institutes
• Legal profession
• Funding bodies
• Artists
• Council of Europe
• REFERENCES