The African Commission on Human and Peoples’ Rights (ACHPR) has expressed concern over reports of censorship, intimidation, arbitrary arrests, and other forms of repression targeting artists, cultural professionals, creative content creators and disseminators of artistic creativity on the continent and has initiated a process of developing and adopting a Model Law on Artistic Freedom in Africa.
In a “Resolution on the Promotion and Protection of Artistic Freedom in Africa and development of a Model Law on Artistic Freedom in Africa”, which it adopted on March 9, 2026, at its 86th Ordinary Session, held virtually from February 23 to March 9, the Commission mandated its Special Rapporteur on Freedom of Expression and Access to Information in Africa to “Develop a Model Law on Artistic Freedom in Africa to guide States Parties in aligning national legislation with regional and international human rights standards.”
It also asked the Special Rapporteur to “Engage with States and other stakeholders on measures to strengthen the protection of artistic freedom on the continent, including through the development of measures that respond timely to artistic freedom violations.”
In the resolution, otherwise known as Resolution 654 of 2026, the Commission reaffirmed the principles enshrined in the African Union’s Charter for African Cultural Renaissance, which calls on Member States to provide assistance to artistic creation and expression.
Saying that it is mindful of Article 17(2) of the African Charter on Human and Peoples’ Rights, which recognizes the right of every individual to freely take part in the cultural life of their community, the Commission stressed that “artistic expression is a vital form of communication which is protected under Article 9 of the African Charter.”
It also cited Article 19 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of expression, and Article 15 of the International Covenant on Economic, Social, and Cultural Rights, which recognizes recognises the right of everyone to take part in cultural life and to benefit from the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.
The Commission recognized “the importance of digital platforms in enabling artistic expression and the need to ensure that online spaces remain open, safe, and accessible for artists and audiences alike” and acknowledged the “vital role of artists, cultural practitioners, and creative professionals in fostering democratic dialogue, social cohesion, and the preservation of Africa’s cultural heritage.”
It expressed concern over reports of censorship, intimidation, arbitrary arrests, and other forms of repression targeting artists, cultural professionals, creative content creators and disseminators of artistic creativity on the continent, as well as the misuse of public order, cybersecurity, morality, religious, terrorism, and broader national security laws to unduly restrict artistic expression, particularly where such restrictions are inconsistent with the principles of legality, necessity, and proportionality as guided by international human rights law, standards, and practice.
The Commission, therefore, called on States Parties to:
• Respect, protect, and promote the right to artistic freedom of expression and ensure that creators and disseminators of artistic creativity are protected from arbitrary acts of censorship, harassment, prosecution, or detention for legitimately exercising their right to freedom of expression;
• Review and, where necessary, amend laws, regulations, and administrative practices that unduly restrict artistic expression, ensuring that any limitations comply with the principles of legality, necessity, and proportionality;
• Adopt and implement policies that promote cultural diversity, support artistic innovation, and safeguard the independence of cultural institutions;
• Ensure that all organs of the State and arms of Government tasked with the regulation of artists, cultural professionals, creative content creators, and artistic content are sensitized to the importance of artistic freedom and trained to exercise their mandate in accordance with human rights standards;
• Refrain from imposing blanket restrictions on digital content or platforms used by artists, content creators; and
• Develop mechanisms for monitoring and reporting violations of artistic freedom, to bring perpetrators to account, and provide victims of violations access to justice and appropriate remedies.
