Safeguarding the right to expression through artistic means is vital for fostering creativity and social change.
In Kenya, freedom of artistic expression is constitutionally guaranteed under Article 33 with limitations outlined in Article 33 (2).
Article 19 of the Universal Declaration of Human Rights, guarantees the right to freedom of opinion and expression, including freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media.
In a world where freedom of expression is increasingly threatened, supporting and promoting artistic endeavors is essential for a vibrant and open society. It is crucial to create safe spaces for artists to express themselves freely and to advocate for policies that protect their rights.
It is a fact that artistic expression, whether through film, visual art, music, literature, or stage-play performance, provides a powerful platform for citizens to share their perspectives and experiences on diverse issues that affect their lives.
It also plays a critical role in enhancing accountability and transparency in various contexts, including governance, leadership and amplifying the voices that critique power structures or highlight social issues. This openness contributes to a more informed and engaged public, fostering accountability in those positions of power and influence.
Moreover, artistic freedom serves as a mirror reflecting societal values, struggles, and injustices. By championing artistic expression, societies encourage critical analysis of cultural norms and values, ultimately promoting transparency regarding societal challenges and governance practices.
Artistic works also stimulate dialogue on issues of public interest, providing a platform for discussion and debate. When artists, musicians, filmmakers, songwriters are free to express their views, they facilitate conversations that can lead to greater accountability, responsibility, societal awareness and cohesion among the citizenry.
In addition, guaranteeing artistic freedom helps combat censorship and oppression. When artists work without fear of suppression, intimidation or reprisal, they are more likely to produce works that challenge corruption, bad governance, inequality and injustice.
Lastly, artistic expression is a catalyst that drives innovation and social change. By safeguarding this freedom, societies encourage development of new ideas and approaches to pressing issues, thereby creating trust among the citizenry and enhancing transparency.
On the flipside, while the Kenyan constitution guarantees freedom of expression, it is also necessary for artists to weigh on the limitations and ensure that their creative works do not infringe on the rights of other people.
The government, therefore, has a key responsibility of ensuring a safe space for the citizens to exercise their rights and freedoms in accordance with the constitution and other legal frameworks.
The writer is a creative director based in Nairobi
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