5.4
Recommendations adapted from the Shaheed Report
Artists and all those engaged in artistic activities should only be subject to
general laws that apply to all people. Such laws shall be formulated with
sufficient precision and in accordance with international human rights
standards. They shall be made easily accessible to the public, and
implemented with transparency, consistency and in a non-discriminatory
manner. Decisions on restrictions should clearly indicate motives and be
subject to appeal before a court of law.
Zimbabwe should abolish prior-censorship bodies or systems where they
exist and use subsequent imposition of liability only when necessary under
article 19 (3) and 20 of ICCPR. Such liability should be imposed exclusively
by a court of law. In other words the Censorship Board must be divested of
pre-censorship competences.
Classification bodies or procedures may be established for the sole purpose
of informing parents and regulating unsupervised access by children to
particular content, and only in the areas of artistic creation where this is
strictly necessary due in particular to easy access by children. The
Censorship Board must be vested with classification competences in the
place of pre-censorship.
Decision makers, including judges, when resorting to possible limitations to
artistic freedoms, should take into consideration the nature of artistic
creativity (as opposed to its value or merit), as well as the right of artists to
dissent, to use political, religious and economic symbols as a counterdiscourse to dominant powers, and to express their own belief and world
vision.
States should abide by their obligation to protect artists and all persons
participating in artistic activities or dissemination of artistic expressions
and creations from violence by third parties. States should de-escalate
tensions when these arise, maintain the rule of law and protect artistic
freedoms.
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