The law has always been a blunt instrument in relation to artistic expression. Take censorship laws, for example. The Lady Chatterleys Lover trial in 1960 was a notable object of ridicule and more than demonstrated the inadequacies of the law in controlling obscenity. More recently, laws relating to blasphemy, and racial and religious hatred, have failed to deal conclusively with tensions relating to the presentation of productions such as Behzti and Jerry Springer the Opera (see AP issue 117). And the Internet, of course, has proved itself to be more than capable of circumventing just about every law in this area, blithely permitting the unregulated distribution of pornography across the globe. This week we read about two other laws which are destined to challenge the arts communitys day-to-day activities.
The MU articulates a crucial point about the Licensing Act 2003 (p1). The laudable objective of this Act may be the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm, but it is hard to understand why legislators feel that small venues providing live entertainment for fewer than 100 people can possibly pose such a threat to law and order. And whilst one can understand the desire of the Scottish Executive and the Welsh Assembly Government to protect their citizens from the undeniable evil of passive smoking (p3), their zealous bans on smoking on stage, even in the context of an artistic work, seem almost vindictively harsh. (One wonders why they dont ban smoking altogether, though the tax revenues generated from the sale of cigarettes provides a clue.)
There are, however, changes in the law that could have a profound and valuable impact. By legislating for the arts and creativity to take a central role in the school curriculum, governments could enrich the educational experience of millions of young people. A recent Ofsted report (AP issue 131) found that the Creative Partnerships scheme generated good creative approaches and positive attitudes [among] teachers, school leaders and creative practitioners, while raising the personal and social skills of pupils. It is a depressing thought that this scheme is now under threat (p3), while laws that create barriers to the presentation of the arts continue to spring up with vigour.
Liz Hill
Consultant editor