@article{a0a5ab7a-3b41-4c95-b3c5-6690812b0f7d,
author = {Karolina Król},
title = {The Limits of Artistic Freedom – An Overview of the Issue},
journal = {Santander Art and Culture Law Review},
volume = {2018},
number = {1/2018 (4)},
year = {2018},
issn = {2391-7997},
pages = {171-188},keywords = {Insult religious feelings; freedom of expression; conflict of values; freedom of artistic expression; religious freedom},
abstract = {The article raises issues that pertain to the offence of infringement of religious freedom and insulting religious feelings (Polish Penal Code, Article 196) through the exercise of freedom of expression, especially freedom of art. Both religious freedom and artistic freedom are crucial values in a democratic society and should be protected. They interact in many ways by reinforcing or competing with each other. Thus, it is very important to find the right balance between the two in order to enforce these rights fairly. Both freedoms are guaranteed by the European Convention on Human Rights, as well as by domestic law, but it seems that as yet there is no common European standard on how to settle the conflict between those two freedoms. The author analyses several decisions by the European Court of Human Rights as well as Polish court decisions and views of the doctrine, in order to find some similarities and differences in the argumentation, concerning striking a proper balance between these values. Each case is strictly related to the cultural, social, and temporal context, which also influences the final decision. The author further outlines criteria on the limitation of artistic freedom guaranteed by the European Convention on Human Rights and the Constitution of the Republic of Poland to illustrate the situation.},
doi = {10.4467/2450050XSNR.18.011.9772},
url = {https://ejournals.eu/en/journal/saaclr/article/granice-wolnosci-artystycznej-zarys-problematyki}
}