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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
Rosa Manzo
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DOI:10.17265/1548-6591/2023.04.004
Affiliation(s)
University of South-Eastern Norway, Hønefoss, Norway
ABSTRACT
The present article questions about the potential clashes between the artistic freedom of expression and the instances claimed by the cancel culture movement. Manzo’s work firstly focuses on the theory of law by providing a detailed presentation of presentation of a significant number of international and regional legal instruments which are primarily meant to provide protection to artistic creation. From there it explores a set of contentious case brought before the UN international dispute settlement mechanisms as well as before the ECHR. Manzo is particularly interested in the development of jurisprudence on the issue of artistic freedom. In spite of the small number of cases so far held by judicial and non-judicial bodies, Manzo highlights the development of a consistent jurisprudence which applies a high protection to the artistic freedom of expression by virtue of its inner fictional nature and its vital role in the ongoing process of building up our cultural life. By arguing so Manzo labels the instances brought up by the cancel culture movement in terms of violations of the artistic freedom of expressions.
KEYWORDS
cancel culture, art, ECHRs
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