A/HRC/44/49/Add.2 35. “Debauchery” presents another potential mechanism for the restriction of artistic expression. Although similar to a general attack on freedom of expression for public morals, debauchery is unique in that it tends to involve restrictions pertaining to allegedly indecent or overtly sexual content or content that runs against perceived sexual social norms. Debauchery is also most commonly seen when being used to restrict the art of women or LGBT persons. Egypt has been reportedly been forceful in its use of debauchery laws to attack otherwise allowable artistic expression. 36. Debauchery additionally presents a challenge to art depicting homosexuality. Civil society organizations have raised concern because LBGT artists and arts with queer content often face persecution and censorship on grounds of indecency and debauchery.81 Egypt’s aforementioned debauchery law was allegedly used to justify the arrest and detention of four individuals on the basis of their sexual orientation and/or gender identity in 2014.82 C. Necessity and proportionality 37. Article 19 (3) requires the State to demonstrate that the tools chosen to achieve a legitimate objective are necessary and proportionate to protect the rights or reputations of others or national security, public order, or public health or morals. Necessity and proportionality also apply to prohibitions under article 20 of the Covenant. 83 The State must establish a direct and immediate connection between the expression and the threat said to exist.84 Restrictions must target a specific objective and not unduly intrude upon other rights of targeted persons, and the ensuing interference with third parties’ rights must be limited and justified in the light of the interest supported by the intrusion. 85 The restriction must be the least intrusive instrument among those which might achieve the desired result.86 38. Prior censorship: The certification system in Turkey has been widely used to limit the circulation of films. The National Cinema Board, under the Ministry of Culture and Tourism, has the authority to evaluate films according to their consistency with public order, moral values, spiritual and physical well-being of youth, human dignity and copyright. Following changes to the Turkish Arts Council (TÜSAK), the decision-making powers in the arts funding system has been shifted to State-appointed officials rather than being the responsibility of individuals representing artists’ associations. 87 This system, together with a number of emergency decrees and legislation restricting the right to peaceful assembly, amongst other freedoms, has been used to prevent screenings of several films and film festival.88 39. Preventing or countering terrorism: Counter-terrorism laws present a unique threat to artistic freedom in that national security is recognized as an appropriate restriction upon the right to freedom of opinion and expression under Article 19(3) of the ICCPR. Yet States frequently use the broad authority afforded by counter-terrorism laws in order to repress legitimate expressions of free speech. States have used the broad authority granted to them by counter-terrorism laws to attack artists, whether or not related to their artwork, for their critical perspective on state governments. Armed conflicts additionally generate another set of circumstances wherein states are eager to restrict expression they deem problematic. The Special Rapporteur in the field of Cultural Rights has expressed concern that artists have been penalized under criminal codes, which she viewed as the last possible resort to be applied in strictly justifiable situations, that include charges of “extremism,” “terrorism,” and 81 82 83 84 85 86 87 88 Freemuse, The state of Artistic Freedom 2019, p. 42 – 43. Available at https://freemuse.org/resources/item/the-state-of-artistic-freedom-2019/. Communication to Egypt, EGY 4/2014, 17 April 2014. General Comment 34, ¶ 50-52. Ibid, ¶ 35. Report on Encryption and anonymity A/HRC/29/32, 35. General Comment 34, ¶ 34; Report on hate speech, A/HRC/74/486. Human Rights Council, Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression on his mission to Turkey, A/HRC/35/22/Add.3. 7 June 2017. Communication to Turkey, AL TUR 12/2018, 18 September 2018. 13