This innovation should be the criteria for marketing. No obstacle will prevent
the artist from creating.’
Art and law have always related. Artists the world over do not enjoy unfettered
freedom to produce works of art as some of them may be deemed culturally,
socially, religiously or politically controversial, although not necessarily illegal.
Works of art which incite violence or hatred against racial, religious or ethnic
groups are invariably banned. The boundary of these laws is subjective and
varies considerably from one country to another.7 Freedom of expression and
information are intrinsically linked to freedom of opinion, as expression of
opinion and of information are key components of the public’s ability to
formulate opinions, and to enable them to assert their political will through a
free electoral process.8.
The Declaration of Principles on Freedom of Expression in Africa9, together
with other international instruments, asserts that freedom of expression and
information, including the right to seek, receive and impart information and
ideas, either orally, in writing or in print, in the form of art, or through any
other form of communication, including across frontiers, is a fundamental and
inalienable human right and an indispensable component of democracy.
Everyone should have an equal opportunity to exercise the right to freedom of
expression and to access information without discrimination.
In Zimbabwe, as will be fully discussed later in this report, freedom of artistic
expression and creativity has always been under threat. A recent example of
this ‘threat’ is the banning by police in 2014 of a satirical film entitled
Kumasowe citing that it highlighted an issue regarded as highly sensitive to the
institution of the Police Service.10 The film featured the highly publicized
ibid
Declaration of Principles on Freedom of Expression in Africa by The African Commission on
Human and Peoples’ Rights. The Commission adopted the Declaration of Principles on Freedom
of Expression in Africa at its 32nd Ordinary Session, in Banjul, The Gambia, held from 17th to
23rd October 2002.
9 Declaration of Principles on Freedom of Expression in Africa by The African Commission on
Human
and
Peoples’
Rights.
Available
on
http://www.afrimap.org/english/images/treaty/africa-declaration-of-principles-on-foe.pdf
10
Available at :http://www.thezimbabwean.co/news/zimbabwe-news/72905/police-banscreening-of-sensitive.html
7
8
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