While the list of the different types of information that is protected under
freedom of expression, we argue here that the main contribution of the quoted
passage from the General Comment No. 34 is the clarification on the
parameters of the freedom. The UNHRC stated that ‘this right includes the
expression and receipt of communications of every form of idea and opinion
capable of transmission’. It is perhaps needless to add that artistic expression
is also included on the basis of the provisions of article 19(2) which mentions
‘form of art’.
While the UNHRC did not deal with many individual complaints on artistic
expression, the case of Shin v South Korea remains its flagship decision and it
speaks to Zimbabwe on the point that artistic expression is a core component
of freedom of expression.75 In this case the complainant painted a painting to
convey a message to his audience. However, he was arrested on allegations
that his painting constituted an ‘enemy-benefiting expression’, which meant
supplying information or in a way supporting an enemy of the state. He was
tried and convicted of the charge, sentenced to community service and his
painting was destroyed by the state.
On approaching the United Nations Human Rights Committee (herein UNHRC)
with a complaint after exhausting all remedies, the UNHRC committee found
South Korea in violation of Article 19(2) of the ICCPR to the extent that the
complainant was prosecuted for the painting. That finding was based on failure
by the state to limit the freedom in line with the requirements in the ICCPR,
namely, that the law limiting the freedom on grounds of national security must
be specific as to how national security was threatened. The UNHRC found as
follows:
“The
Committee
observes
that the
picture
painted
by
the
author
plainly falls within the scope of the right of freedom of expression
protected by article 19, paragraph 2; it recalls that this provision
specifically refers to ideas imparted ‘in the form of art’
infringement of
75
the
author's
right to
freedom of
.
Even
expression,
if
the
through
Communication No. 926/2000, Shin v. Republic of Korea, Views adopted on 16 March 2004.
61 | P a g e
Select target paragraph3
Add to table of contents