Legal Controls

To appreciate how and why the law may restrain your ability to freely express yourself as an artist, it is important to understand how and why your work might cause offence. Of course, not all work that is offensive is going to trigger action against the artist for obscenity, blasphemy or inciting racial or religious hatred, because the tests applied will reflect the morals and concerns of the period in which the work is viewed.

What is clear, however, is that if there is an aggrieved party, action can be brought against you and the gallery showing your work, by the police, local authority or a private individual.  If you are therefore proposing to include work in a show which is likely to prove controversial, you should consider with the gallery whether you will be guilty of obscenity, blasphemy or racial or religious incitement.  

The articles in this section focus on:

  • Meaning of obscene
  • Meaning of indecent
  • Defences
  • Human Rights
  • Cancellation of Exhibitions
This article is from the Artlaw Archive of Henry Lydiate's columns published in Art Monthly since 1976, and may contain out of date material.
The article is for information only, and not for the purpose of providing legal advice.
Readers should consult a solicitor for legal advice on specific matters, and artists in London can get free online legal advice from Artquest