Freedom of the Arts — Public Lecture Series, Applied Human Rights

The lecture series inquires into the multifaceted terrain of “Freedom of the Arts” from different vantage points, each offering insights into complex contemporary challenges and their historical genealogies. The four evening sessions encompass (i) the international legal framework governing artistic freedom through freedom of expression and cultural rights, presented by Human Rights Expert Manfred Nowak; (ii) a critical exploration of ethical dimensions of the arts, navigating contentious debates on cancel culture and cultural appropriation, led by Art Sociologist Jens Kastner; (iii) an examination of artistic freedom as part of national security implications, with a focus on art subject to court cases in Russia, as unraveled by Art Historian Sandra Frimmel; and (iv) an investigation of digital transformations influencing arts and critical data, as undertaken by Artistic Researcher and Curator Manuela Naveau.

As these researchers delve into their respective domains, the lecture series aspires to spark cross-disciplinary inquiry and transversal dialogue: Which conditions are required for freedom of the arts, and which categories of rights (for an overview, see Polymenopoulou 2023) can guarantee those conditions? Which human rights treaties, codes, and instruments are relevant to the normative aspects of freedom of the arts, and what are their potential limits (see, e.g., the report on the state of artistic freedom by Freemuse 2023)? Which players and infrastructure promote and protect artistic freedom and how (on the role of the UN see, e.g., Cuny 2023)? In what socio-political climate does censorship of the arts thrive and which legitimate interests can be used to argue for a limitation of artistic freedom, balancing different interests? What ethical dilemmas emerge within the art world, and how does the broader cultural landscape grapple with issues of cancel culture and cultural appropriation? And which purpose do the “estrangement defense”, the “canonic defense”, or the “formalist defense” serve in defending the freedom of transgressive arts (Julius 2020)? To what extent are aesthetic judgments rendered when arts are debated in court (see Frimmel/Traumane 2018)? What’s the relation of the outdated distinction in free and applied arts to the “aesthetic model of freedom” (Menke/Rebentisch 2010) that developed with the discipline of Ästhetik as a sub-discipline to art history? In an era defined by digital transformation, what prospects and challenges arise for artists who intervene in algorithmic “pattern discrimination” (Apprich/Cramer/Chun/Steyerl 2018) and engage in a critical approach to data? The lecture series revolves around these questions, seeking to foster a deeper understanding of freedom of the arts through, amongst others, case study research, critical theoretical debate, and discourse analysis.

Manfred Nowak: International Legal Framework: Freedom of Expression and Cultural Rights

Lecture #1 — November 13, 2023, 18:00–19:30

Traditionally, freedom of the arts has been understood as a special category of the civil and political right of freedom of expression. Indeed, the arts are a very powerful medium of expressing political, philosophical and other opinions. Article 19(2) of the International Covenant on Civil and Political Rights explicitly mentions art as a medium through which “information and ideas of all kinds” shall be expressed, received, and imparted. Unless justified by specific and fairly limited reasons, such as the rights or reputations of others or the protection of public order, health or morals, censorship of arts or other restrictions on the creation, exhibition and dissemination of arts constitutes a violation of freedom of expression. In more recent years, artistic creativity and expression was put at the heart of the cultural rights discourse. Most importantly, the right to take part in cultural life and to enjoy the benefits of artistic production in Article 15 of the International Covenant on Economic, Social and Cultural Rights gained increased attention with the creation of the UN Expert and later Special Rapporteur in the Field of Cultural Rights by the UN Human Rights Council in 2009 and 2012. The lecture will provide a short introduction to the relevant legal instruments protecting freedom of the arts and explore the limits of artistic freedom by way of selected examples. It will also discuss the risks of artists involved as human rights defenders (“artivists”) in the current political climate in different parts of the world.

Jens Kastner
Between Cancel Culture and Cultural Appropriation: The Spectrum of Artistic Freedom

Lecture #2 — November 27, 2023, 18:00–19:30

Artistic freedom operates within complex networks of recognition and legitimacy, with contemporary discourse highlighting two contentious subjects: Cancel Culture and Cultural Appropriation.
Cancel Culture, a phenomenon scrutinizing artists’ ethical conduct, sparks debates about the separation of an artist’s work from their personal behavior. Historically, artistic autonomy was grounded in the archetype of the artist-genius, accountable solely to future judgment. However, this paradigm is now challenged by concepts like the “Death of the Author” (Barthes 1967), which suggests that an artist detaches from their work, enabling it to evolve independently. While it values artistic autonomy, it often leans into a male-dominated theoretical tradition accentuating independence.
Cultural Appropriation raises different concerns, revolving around the respectful use of elements from cultures not one’s own. The line between appreciation and appropriation is thin, leading to tensions when aspects of a culture are employed without due acknowledgment, understanding, or permission. Navigating this issue necessitates distinguishing between genuine cross-cultural engagement that enriches the art world and exploitation or disrespect.
Balancing artistic freedom with responsibility is the crux of these matters. Achieving this equilibrium requires open and respectful dialogues among artists, critics, and affected communities. 

Sandra Frimmel
Art as a Shield Against the Expansion of External Cultures: Why and How the Freedom of Art in Russia Plays a Significant Role in National Security Policy

Lecture #3 — December 18, 2023, 18:00–19:30

The general constitution of a society, its tolerance or intransigence, can be read on the example of artistic freedom. Based on art court trials in Russia in the early 2000s, the lecture aims to trace the interactions between court trials, art practice, and legislation. How did individual lawsuits against artists and curators cause a change in legislation and thus lead to an increasing restriction not only of artistic freedom? Which social and political groups are responsible for this norming process in the field of visual arts? How does this affect art production and exhibition practice? Using selected works of art as examples, we will also look at the absurdity of trying to reconcile juridical and aesthetic speech in court, because the value systems they refer to are hardly compatible. It will be all the more revealing to trace a historical transformation on the basis of court records and to show how, in the course of the last two decades, supposed individual cases have led to a standard legal procedure and how the gradual restrictions on artistic freedom are linked to developments in society as a whole as well as to security policy interests.

Manuela Naveau
Critical Data and the Arts: How Freedom of the Arts Fosters Understanding of Digital Transformation

Lecture #4 — January 8, 2024, 18:00–19:30

As artists, curators, creative technologists, and scientists, we — the Critical Data research group at the University of the Arts Linz — question data, data processing systems, and forms of knowledge associated with them. Artists can not only make visible how systems of digitalization work, but also how they do not work. We therefore critically examine the position society can take in relation to the latest technological developments. Critical Data observes how we deal with technology and explores artistic worlds in the digital cosmos that move between promise, manipulation, and conspiracy. On the basis of selected artistic positions, questions of equal treatment and the protection of one’s own data as well as freedom of opinion and information will be discussed. Art is mediating directly to its public, its audience, and recipients. But who speaks with whose voice and how can art help to make this transparent?

Convenor: Lisa Stuckey, Applied Human Rights, University of Applied Arts Vienna

Place:
FLUX 1, VZA7 (3rd Floor)
University of Applied Arts Vienna
Vordere Zollamtstraße 7
1030 Vienna

Or join online:
https://dieangewandte-at.zoom.us/j/62243779206 (Meeting ID: 622 4377 9206)