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On Saturday 24 March the final performance of my play Elephant was cancelled in Birmingham, bizarrely the same city where, just over 13 years ago, my play Behzti was closed after protests against the show turned violent. Last month, a different kind of protest brought the run of Elephant to its premature end. The Football Lads Alliance were in town, apparently marching against “extremism” on the same day as the play’s final outing.
Elephant had completed a run in the Birmingham Rep’s studio space, The Door, and was on tour in the community. The last performance was for a closed group of visually impaired adults from a local charity and was scheduled to go on at the Old Joint Stock, a pub theatre in the city centre. However, because of the FLA demonstration, many local pubs, including the Old Joint Stock, which happened to be near the focal point of the rally, closed, following police advice.
The Rep found another location for the show, a large room at the theatre, but the charity did not feel safe bringing their group across town, such was the atmosphere of trepidation surrounding the march. With no audience, there was to be no show.
Elephant was certainly not targeted like Behzti, it was simply collateral damage, as were the many businesses who lost significant income and the thousands of ordinary people who were intending to come into town to work and play in their city, but ended up changing their plans.
The FLA marching in Birmingham, a city defined by multiculturalism, was clearly an act of provocation. Everyone has a right to protest but the question here is about the policing of such action. The police facilitated the FLA and their cohort, most of whom came from outside the West Midlands, protecting their freedom to express their views. Afterwards the police framed the march as a success and Birmingham West Chief Superintendent Danny Long thanked the public for their understanding, saying: “Our aim was to facilitate the lawful protest and lawful assembly of all the groups here and that’s what’s happened.” Words which show little regard for the lawful freedoms of local people.
The clear message given out by the police was one of fear – keep a low profile and stay away, because today this is not your city. It’s a dysfunctional way of keeping order, one that we’ve got used to and don’t question. Peddling this type of fear gives credence to abhorrent views and fuels underlying tensions.
The West Midlands police have considerable form. Five years after Behzti was cancelled (the main reason being that because the police said they could not guarantee the safety of staff or public), Penny Woolcock’s film 1Day was removed from Birmingham cinemas after the same police force suggested it might incite gang violence. In 2010, during rehearsals of my play Behud, the police asked the Coventry Belgrade to pull the production, as they were expecting protests. The theatre refused and the show continued without incident.
Each of these situations tells us more about the police’s anxieties than our own. Given their attitude around the FLA march, there is clearly still much to learn about managing order in a city where almost half the population do not identify as white British. In her speech at the demonstration, the leader of far-right organisation For Britain, said: “We are living through a dark time in this country.” It’s a dark time indeed when the freedoms of racists brought in to intimidate and frighten a community, trump the freedoms of that very community to live their lives.
What happened in Birmingham last month raises questions of power and control. Who runs our cities and who are they for? The FLA march left a trace of unease and fracture in a city where many of its inhabitants already feel marginalised.
Elephant tells the story of a woman who is ostracised for telling the truth about being abused as a child. Although the circumstances of the play’s cancellation were totally different to Behzti in 2004, it’s hard not to feel a similar sense of sadness and loss at having been silenced.
Facilitating an inflammatory protest at the expense of the freedoms of the silent majority is no victory and shutting people out of their own city is no fit way of dealing with tensions between communities. Public order should be maintained in a fair and equal way, otherwise those who shout loudest get heard, and everyone else ends up without a voice.[/vc_column_text][vc_column_text]
[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][staff name=”Gurpreet Kaur Bhatti on Behzti” profile_image=”100618″]When I started writing my third play, Behzti, in 2003 I could never have imagined the furore which was going to erupt. There was an atmosphere of great tension in the lead up to its production in December 2004, and it was indeed an extraordinary time. Mass demonstrations culminated in a riot outside the theatre. Read on[/staff][/vc_column][vc_column width=”1/3″][staff name=”Birmingham Repertory Theatre: Behzti” profile_image=”100620″]In December of 2004, Birmingham Repertory Theatre staged the world premiere of Behzti, a new play by Gurpreet Kaur Bhatti, in the smaller of its two theatres, The Door, which is a space exclusively dedicated to the production and presentation of new plays. “Behzti” is a word in common usage amongst the Punjabi speaking community meaning “dishonour” or “shame”. Read on[/staff][/vc_column][vc_column width=”1/3″][staff name=”Challenging the UK’s risk averse culture” profile_image=”100621″]It’s easy to dismiss the importance of arts in a democracy; its social value is disregarded when it is seen as the province of the rich and privileged. Yet when we look to more authoritarian regimes across the globe Index is reminded constantly of the importance of the role of arts as a voice of dissent and the extraordinary amount of time that repressive states spend suppressing it. Read on[/staff][/vc_column][/vc_row]
[vc_row][vc_column][vc_custom_heading text=”El respeto y el civismo son los enemigos de la libertad de expresión: no se puede legislar para los sentimientos de la gente”][vc_row_inner][vc_column_inner][vc_column_text]
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[/vc_column_text][/vc_column][/vc_row][vc_row content_placement=”top”][vc_column width=”1/3″][vc_custom_heading text=”What New Labour did for free speech” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2007%2F06%2Fwhat-new-labour-did-for-free-speech%2F|||”][vc_column_text]Index takes a critical look at the health of free speech in the UK on New Labour’s tenth birthday in power. New restrictions on what you can say — and where you can say it — mean we have to mind our language more than we used to. Has the UK become a less tolerant society? How much has been sacrificed in the name of national security? Leading commentators examine the defining influences of the decade on free speech in the UK and assess how far new Labour has delivered on its promises to introduce more open government.
With: Alistair Beaton; A C Grayling; Peter Wright[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_single_image image=”89177″ img_size=”medium” alignment=”center” onclick=”custom_link” link=”https://www.indexoncensorship.org/2007/06/what-new-labour-did-for-free-speech/”][/vc_column][vc_column width=”1/3″ css=”.vc_custom_1481888488328{padding-bottom: 50px !important;}”][vc_custom_heading text=”Subscribe” font_container=”tag:p|font_size:24|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2Fsubscribe%2F|||”][vc_column_text]In print, online. In your mailbox, on your iPad.
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It’s easy to dismiss the importance of arts in a democracy; its social value is disregarded when it is seen as the province of the rich and privileged. Yet when we look to more authoritarian regimes across the globe Index is reminded constantly of the importance of the role of arts as a voice of dissent and the extraordinary amount of time that repressive states spend suppressing it. If the spoken or written word, if performance or image did not have power, then dictators wouldn’t spend so much time actively silencing and persecuting artists.
But let’s not just look to repressive regimes when we want to talk about censorship. Artists are often the canaries in the mine, a leading barometer of freedom in any country, with the ability to powerfully capture uncomfortable truths. The consequences are different here in the UK, we don’t imprison artists or worse, but ensuring the creation of work by artists who are by law, free to speak, means creating the environment in which risks can be taken.
Yet, in the UK in 2017, when arts have a critically, crucially important role to express and process the diverse and often divergent opinion and experience that coexist in our society, we have created a risk-averse culture. A raft of social, legal and political pressures threaten to limit the space available for expression. New legislation, lack of clarity around policing roles and responsibilities, fear of media backlash or social media storm, loss of funding, means that arts organisations are not always confident about taking the kinds of risks they would like – or indeed need – to make the best art. If only a few groups feel able to explore the most difficult subjects or give voice to underrepresented communities, then, when something goes wrong, it gets harder for the entire arts community to address sensitive issues.
In 2010, when I started in this work, freedom of expression was not a priority for the arts sector; it was assumed safe and left to fend for itself. This never works, as Michael Scammell, the first editor of Index reminds us: “Freedom of expression is not self-perpetuating…”.
When we asked a conference of theatre directors at the time which was more important: audience development or freedom of expression, 100% said the former. Audience development, as I understand it, is about bringing in new audiences, reaching out to find fresh creative voices and breaking the homogenous mould of arts audiences. Yet the call for inclusivity and equality of access has tended to be resolved around a desire to please and a fear of offending, leading to a loss of appetite for the unpopular expression and risk-taking, as identified in Index’s 2013 conference Taking the Offensive and numerous case studies as part of Index’s Art and the Law guides. And still the arts remain obstinately homogenous.
Playwright, director Javaad Alipoor said in a recent interview with Index: “There is a whole discourse about risk [in the theatre industry] that we need to shift. We take risks all the time, but the way we are willing to do it is mega-racialised. Some people are a risk and some people aren’t a risk. I overheard some relatively sensible liberal people describing the appointment of Kwame Kwei-Armah [ newly appointed director of the Young Vic] as a bold move. I thought – it’s a good move. Here is an internationally successful guy, running an internationally successful theatre.”
Look at the two 2015 plays about radicalisation: Homegrown, commissioned by the National Youth Theatre (NYT) written and directed by Nadia Latif and Omar El Khairy, was cancelled; Another World – Losing our Children to Islamic State – by Gillian Slovo and developed by Nicolas Kent, commissioned by the National Theatre, was produced. Whatever else might have happened at NYT, the fact remains that Latif and El Khairy, two creatives from a Muslim background, and the 115 young people they were working with, were not allowed to speak, while two establishment figures were free to express their view of the same issue. This illustrates Alipoor’s point perfectly.
Add to this the role of the police in cancelling work, going all the way back to Gurpreet Kaur Bhatti’s play Behzti in Birmingham in 2004; more recently the removal of ISIS Threaten Sylvania on the advice of the police in 2015; the policing of the Boycott the Human Zoo picket that led to the cancellation of the Barbican production of Exhibit B in London; the banning of music performances by police in Leicester and Bristol at the behest of local Islamic leaders. All point to the uneasy relations between state, the arts sector and artistic expression about issues of race and religion. A policing pattern has emerged, in which it is easier to remove what is deemed to be provocative and so dispel or prevent protest, than manage the situation and allow the artwork to go ahead. The arts sector has been caught out each time.
This pattern of policing interferes with the fundamental right to freedom of expression, something Index has taken up with National Police Lead on Public Order. Index is now working with a Senior Police Trainer to develop better support for the arts sector. His team will contribute to our training programme next year, which will also feature an introduction to our guidance on the legal and rights framework for artists and arts organisations – see below.
We are living in a society and at a time, when the lived experience of hundreds of thousands of people is becoming unspeakable. Although it doesn’t appear to be the case that Prevent officers are checking out what is going on in our theatres and galleries, the impact of Prevent as a force for pervasive self-censorship across Muslim communities is massive and one of the main free speech issues of the day. This will of course influence what makes its way into our arts venues. Add to that other invasive state surveillance powers, the rolling back of human rights generally, the arts has an ever more important role to play to tackle these issues, to ask the most important questions, to challenge growing authoritarian tendencies; playing safe is not an option.
The sector plays a vital role in providing space for open debate, but as Svetlana Mintcheva, an international arts and censorship experts writes: “That role is threatened if those institutions fail to take on real controversies around difficult and emotionally charged subject matter because some of that subject matter may be offensive or even traumatic. Unless they are prepared to welcome genuine conflict and disagreement, cultural institutions will operate as echo chambers under the pall of a fearful consensus, rather than leaders in a vibrant and agonistic public sphere.”
These are some of the issues that we are grappling with in our training: Rights, Risks & Reputations – Challenging a Risk Averse Culture, aiming to give arts leaders the information they need to take difficult, risky decisions more confidently. They will complement the efforts that many organisations are making, and have been making for decades in some cases, to diversify, by reinforcing the importance of risk and controversy in achieving these aims. To this end, we will be taking a close look at the social importance of risk and controversy and the steps needed to reinforce appetite and capacity for risk-taking; how the powerful complementarity of the rights to freedom of expression and equality gives a useful framework for this work. Looking at issues that could lead to self-censorship – fear of causing offence and/or protest and confusion around new counter-terrorism legislation, we will dig into Index’s legal guides for arts on three legally protected areas of society: Counter-Terrorism, Race and Religion and Public Order; Public Order police trainers will present their perspective on how and when to work with the police around artwork that might generate protest in the public space; and there will be a module on ethical fundraising.
The second part of the Michael Scammells statement quoted above is “freedom of expression...has to be actively maintained by the vigilance of those that care about it”. Freedom of expression is an active stance full of challenges, just like equality – both need to be enacted, not left on the shelf in a policy document. Freedom of expression where everyone agrees is not worth the paper it is written on; it will always include the right to shock, insult and offend. And, coupled with equality, it changes whose stories, imagination, revelations and visions shock, insult and offend even as they inspire, inform and transform.[/vc_column_text][/vc_column][/vc_row]
Julia Farrington, associate arts producer, Index on Censorship, participated in the Theatre UK 2016 conference on 12 May 2016. This is an adapted version of her presentation.
In January 2013 I organised a conference called Taking the Offensive for Index on Censorship, in partnership with the Free Word Centre and Southbank Centre. The conference was held to debate the growth of self-censorship in contemporary culture, the social, political and legal challenges to artistic freedom of expression and the sources of these new challenges.
The report from the conference concluded that censorship and self-censorship are significant influences in the arts, creating a complex picture of the different ways society controls expression. Institutional self-censorship, which many acknowledged suppresses creativity and ideas, was openly discussed for the first time.
Lack of understanding and knowledge about rights and responsibilities relating to freedom of expression, worries about legal action, police intervention and loss of funding, health and safety regulations, concern about provoking negative media and social media reaction, and public protests are all causing cultural institutions to be overly cautious.
One speaker at Taking the Offensive suggested that we are fostering a culture where “art is not for debate, controversy and disagreement, but it is to please”.
There is above all, unequal access to exercising the right to artistic freedom of expression, with artists from black and minority ethnic encountering additional obstacles.
Many felt that far greater trust, transparency and honesty about the challenges being faced need to be developed across the sector; dilemmas should be recast as a necessary part of the creative process, to be shared and openly discussed, rather than something to keep behind closed doors. This will make it possible for organisations to come together when there is a crisis, rather than standing back and withholding support: “if we collectively don’t feel confident about the dilemmas we face how can we move on with the public?”
I think there have been significant changes in the three years since the conference and, whilst I think the same challenges persist, there have been some really positive moves to tackle self-censorship within the sector. The growth of What Next? has created precisely the platform to debate and discuss the pressures, dilemmas and controversies that the conference identified. What Next? has produced guidance on navigating some of these issues and is developing more resources on how organisations can support each other when work is contested.
Index on Censorship responded to the clear call from the conference for the need for guidance about legal rights and responsibilities if we are to create a space where artists are free to take on complex issues that may be disturbing, divisive, shocking or offensive.
We have published information packs around five areas of law that impact on what is sayable in the arts: Public Order, Race and Religion, Counter Terrorism, Child Protection and Obscene Publications. They are available on the website under our campaign Art and Offence. These have been well received by the sector and read by CPS and police and we are developing a programme of training which will, if all goes well, include working with senior police officers.
At the same time, pressures from outside the sector have intensified.
The role of the police in managing the public space when controversial art leads to protest has come into sharp relief over the past two-three years where they have repeatedly “advised” venues to remove or cancel work that has caused protest or may cause protest.
I did a case study on the policing of the picket of Exhibit B at the Barbican in London which is available on the Index website; and in the same year, the Israeli hip hop opera the City was closed in Edinburgh on the advice of the police.
More worryingly the police “advice” has also led to the foreclosing of work that is potentially inflammatory – as in Isis Threaten Sylvannia an art installation by Mimsy, that was removed from an exhibition called Passion for Freedom from the Mall Gallery last year.
With the removal of Isis Threaten Sylvania, we see a shift from the police advising closure following protest to the police contributing indirectly or directly to the decision to remove work to avoid protest.
In this case freedom of expression was actually given a price — set at £7,200 per day for the five days of the exhibition — the price set by the police for their services to guarantee public safety.
The police took the view that a perfectly legal piece of art, which had already been displayed without incident earlier in the year, was inflammatory. And in the balance of things as they stand, this opinion outweighs:
This new chapter in the policing of controversial art sets alarm bells ringing and represents a very dangerous precedent for foreclosing any work that the police don’t approve of.
But going against police advice is problematic.
In Index’s information pack on Public Order we asked our legal adviser, working pro bono, questions that many artists and arts managers are concerned about:
What happens if police advise you not to continue with presenting a piece of work because they have unspecified concerns about public safety – and yet tell you it is your choice and they can only advise you?
The artist would in principle be free to continue with the work. It would be advisable, however, to ensure that the reasons held by the police were understood. It may also be prudent to take professional advice…
And then what responsibilities for safety do employers have to staff and the public in relation to continuing with an artwork that has been contested by the police?
An organisation also has duties to their employees and members of the public on their premises. These duties may extend to making an organisation liable in the event of injury to a person resulting from the unlawful act of a third party if, for example, that unlawful act was plainly foreseeable – in other words the police have given their warning.
What are the options for an arts organisation to challenge police advice at the time of the protest itself?
If the organisation believes that it has grounds to challenge police directions to avoid a breach of the peace, it can seek to take legal action on an urgent basis. Realistically…legal action will not be determined until some time later and until it is determined by the courts, the organisation and/or its members or employees would risk arrest if they do not comply with police directions.
So – what starts out as police advice which implies genuine choice, on closer inspection transforms into a Hobson’s Choice where failure to follow that advice could lead to arrest.
On this evidence, both self-censorship and direct censorship are the undesirable outcomes of this as yet unchallenged area of policing.
But the Crown Prosecution Service has read and approved the packs and our law packs are in the system with the police.
The ideal policing scenario is to keep the space open for both the challenging political art and the protest it provokes. Both are about freedom of expression, what we have to avoid is the heckler’s veto prevailing.
Going back to other recent examples of censorship — questions remain about the role of the police in the decision to cancel Homegrown the National Youth Theatre production of a play about the radicalisation of young Muslims by writer Omar El-Khairy and director Nadia Latif. This was followed earlier this year by the presentation, without incident, of Another World: Losing our Children to Islamic State at the National Theatre, play on similar themes by Gillian Slovo and Nicolas Kent.
I mention Another World because it is important to state the obvious, that all the work that has been contested by the police and been cancelled, relates to work about race and religion and the majority of artists involved in work that has been foreclosed are from black and minority ethnic communities.
Looking through the lens of freedom of expression, each case of censorship gives a valuable opportunity to view a specific snapshot of relationships within society and to analyse the power dynamics operating there, both directly around the censored work — whose voices are and aren’t being heard in the work itself, and in the field and context in which the work is taking place and again looking at who is in control, who decides what voices are heard. I don’t have time here to go into an analysis of each case, but what emerges is that freedom of expression is, as it stands, a biased affair in the UK and I believe will remain so while our society and our culture are not equal.
As well as these new cases of censorship that we have seen since the 2013 conference, we have also seen new government policy, legislation and regulations which place increasingly explicit controls on what we can say and have a chilling effect on many areas of expression and communication, and interaction with government.
Many campaigners and charities see the Criminal Justice and Courts Act 2015 as designed to deter charities from intervening in judicial reviews — the most important legal channel we have to call authorities to account; the Investigatory Powers Bill, better known as the Snoopers’ Charter gives the surveillance state more powers; the Prevent Strategy requires us to police each other – surveillance and policing our neighbours — two nasty authoritarian tactics, and most recently the anti-advocacy clause would effectively ban organisations from using government funds for lobbying — stifling dissent. It was due to come into law on 1 May but the consultation period was extended and it might be kicked into the long grass.
The government has made it clear that it wants us to see ourselves predominantly if not exclusively as businesses and in response we have successfully made the case that the arts contribute massively to the economy.
But we know we are so much more. The arts are a vital, at best magnificent and effective player in civil society — especially when you define civil society as “a community of citizens linked by common interests and collective activity”.
With our core values and freedoms under attack, the arts and other civil society bodies are responding. The discussion about the role of the artist in taking on the big issues in society — from climate change to the refugee crisis — has, from where I stand, definitely intensified and gone up the agenda over the past three years, both here and internationally, as the pressure on our freedoms and values also intensifies domestically and internationally.
To fully participate in society and to create art that calls power to account, we need to continue to identify, analyse and tackle the causes of self-censorship within the sector, and stand together to enter into dialogue with the various agents of control that we identify in the process.
Art can help us imagine and bring about a more equal and just future.