Freedom of Expression

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Freedom of Expression

Freedom of Expression is a universal human right and is particularly valued by artists. However, in Australia it is not protected in law. NAVA continues to take an active role in representing the interests of the visual arts in various circumstances where this right may be threatened, advising the sector on ways to deal with the challenge of censorship and advocating for the right to be legislated by being included in an Australian Bill of Rights.

Recent work

In early 2011 the Senate Committee Inquiry into the Australian film and literature classification scheme has proposed that works of art also be subject to classification. On the 27 April 2011 NAVA's Executive Director, Tamara Winikoff, made a presentation at the public hearing of the Inquiry. In her speech to members of the Senate Committee Tamara outlined NAVA's submission to the Inquiry, which made several proposals regarding the implementation of a classification of art works. She emphasised the importance of artistic freedom of expression and the constraints such classification could place on artists. Click here to read Tamara's speech.

Tamara's presentation and full discussion with the members of the Senate Committee is now available to view on Hansard. To read the discussion just click on the link '27/04/2011 Canberra' under the bullet point heading, 'Australian film and literature classification scheme'.

On 24 March 2011 the Attorney-General Robert McClelland asked the Australian Law Reform Commission (ALRC) to conduct a review of the National Classification Scheme, the first of its kind in 15 years.

As a precursor to the review the ALRC released an issues paper, which posed a series of questions relating to what content should be classified and how the classifications should be regulated.

Of particular pertinence to the visual arts sector are questions about whether it is appropriate and feasible to extend this classification system to apply to art works, in all of their forms, before they are exhibited.

On the 15 July 2011 NAVA made a submission to the ALRC in response to the issues paper.

Click on the link below to read our responses to their questions and our recommendations in relation to the proposed inclusion of art works within the National Classification Scheme.

NAVA's submission to the Australian Law Reform Commission’s National Classification Review.

The outcome of the ALRC review has great significance for the visual arts sector in that its recommendations will be formally considered by the Federal Government.

The ALRC has been asked to provide its final report by January 2012.

Art censorship

There are many areas of law which can impact on artists and there have been times when the work of artists has been called into question. As a recent example, since the fracas in 2008 over the work of artist Bill Henson, the community has become much more sensitive about the representation of children in any form. One consequence was the drafting by the Australia Council of protocols for working with children in art.

NAVA is keeping a watching brief on various developments but makes the case that while it does not in any regard condone artists breaking the law, equally it does not want to see artists censored or become the scapegoats for unjustified community or individual anxieties and prejudices.  In lobbying for changes to laws and regulations, NAVA wants to make sure that there are no unreasonable constraints on artists’ freedom of expression and no unintended censorship or self censorship consequences for artists.

Currently NAVA is active in negotiating over the Commonwealth law relating to sedition and the removal of the artistic defence from NSW Child Pornography law. NAVA has published the Art Censorship Guide to assist artists, galleries and publishers to deal with censorship and to help them understand various laws which can impact on them.

On 18 May 2011, Tamara Winikoff appeared on ABC Sydney's Drive show segment 'Self Improvement Wednesday', in which she talked about the history of art censorship in Australia. Click here to listen to the feature.

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Useful Resources
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'The child in photography: a complex tradition'
Dr Jacqueline Miller's paper presented at the
2010 Head On Photo Festival.