Art or an Offence

Art or an Offence?

Artists can create beautiful sculptures or paint amazing pictures which can be admired. Those pieces of art can make you think about a particular issue or to change your humour. Art is a powerful tool which can also be used to draw attention to particular problems in life or to remind us about beauty of the world. But, what if those artistic exhibitions are offensive?

Sometimes, what artists want to express through their paintings or sculptures is hatred towards a certain group of people. This is exactly what Nergal, a Polish musician wanted to do during his concert in 2007. He ripped pages of the Bible on stage which offended religious feelings of Catholics living in Poland. His words about the Catholic Church as “the most murderous cult on the planet “also raised objections.

After complaints of the public about his performance Nergal was faced with legal charges of blasphemy. At that time his lawyers argued that he did not have an intention to offend anyone’s feelings. It is illogical because Christians consider the Bible to be sacred. It includes the word of God and it creates a basis for religious teachings. 

However, one of the members of the band also said that they did not intend to offend anyone but they intended to offend the religion they have been raised in. But, to offend the religion means offending of those who follow this religion. Besides, the band admitted that the defendant was aware that his actions may lead to an offence. Therefore, he knew that what he was doing was wrong.

But, his lawyers claimed that art allows more critical and radical statements. It is not true because what Nergal did was not critical but offensive. Besides, we live in the world where freedom of religion is protected.

This is why the Supreme Court ruled against him for offending religious feelings. But, his lawyers said that this ruling restricts the freedom of speech in a democratic system. However, it is necessary to restrict human rights in situations when they encroach on rights of others. The court even said that the crime can be committed without direct intention to offend religious feelings.

Religious views were also offended in 2012 in Poland.  Placing a rainbow sculpture in Warsaw in front of a church triggered protests against it. It was 30ft tall and it was located on Saviours square. Julita Wójcik, the author of this artistic exhibition said that rainbow has many symbolic meanings including LGBT.  She intended it to be a symbol of tolerance towards homosexuals. It is because rainbow is LGBT pride flag. 

It was placed in front of a catholic church while Catholics see homosexuality as a sin. It means that parishioners attending the church had to pass the symbol of sin every time they went for a mass. It could be placed somewhere else to ensure respect for both rights of homosexuals and of Catholics. But, Hanna Gronkiewicz-Waltz, the President of Warsaw, did not agree for this compromise.

With reference to the sculpture Stanislaw Pieta, conservative member of the parliament, said that it is a provocation as it was offensive to Catholics. As a confirmation of his words the sculpture was set on fire 7 times during three years. By this act of vandalism people showed their disapproval to the location of the rainbow. Although, it was a crime to destroy the sculpture the officials of Warsaw could show respect to Catholics and place the rainbow on the outskirts of the city.

Another artist who clearly did not respect freedom of religion is Abel Ascona, a Spanish artist. He pretended to receive Holy Communion at Mass. He did it to collect 240 hosts to form the word Pederasty on the ground in 2015. Then, he made photos of this “artistic” construction to show them in an art gallery in Pamplona. This act clearly shows that he intended to offend Catholics.

Moreover, he used consecrated hosts which is clear that he was disrespectful of Catholics’ beliefs that it is a body of Christ.  Therefore, he will bear the consequences of his actions because the Christian Law Association filed a lawsuit against him for offense against religious sentiments and desecration.

It is possible for artists to express their views in a respectful to everyone way within their right to freedom of expression under Art 10 of the European Convention on Human Rights (ECHR). They should place moral limits on their work because of legal consequences for breach of Art 9 of the ECHR which ensures freedom of religion. Although, because of increasing secularisation the right to religion does not always get the protection it deserves.