This is an edited version of the statement on freedom of expression published by NDATT in July 2000.
constitutional rights
One of the objectives of the National Drama Association (NDATT), as set out in its constitution, is 'to protect and ensure freedom of expression in the art of drama'.
This is in keeping with Section 4 of the Constitution of Trinidad and Tobago, in which freedom of expression is enshrined as a fundamental right of every citizen of this republic.
That is because freedom of speech in general, and artistic freedom in particular, are integral components of a free democratic society. We believe each individual should have the right and ability to decide for him or herself what to hear, see, speak, sing, paint, sculpt, dance, and perform.
role and nature of the arts
The arts contribute greatly to the free exchange of ideas which is at the core of a democratic society. It is vital that theatre and other vehicles of expression enjoy this freedom as they grapple with the changing cultural and social landscape of the nation.
In challenging us to move beyond our own experiences, artistic expression serves to teach us about our differences and to bring us together as a community. Artistic expression is a vehicle for artists, our diverse communities and the nation to replace fear and ignorance with understanding and action.
Art is not merely ornamental. It is not a refined, improved and cleaned-up version of the real world. In seeking to illuminate life, to provoke reflection and to challenge entrenched views, art, including drama, may at times be shocking, frightening or disgusting.
theatrical performances
With a few exceptions, theatrical performances do not take place where passing members of the public may be subjected by chance, without warning and against their will to seeing and hearing performances of which they disapprove. Those who witness theatre performances have chosen to do so.
They make such a choice with the aid of press releases and advertisements which seek to convey the character of the performance. Since 1998, NDATT member producers have followed a voluntary practice of warning in their advertisements that productions are 'for mature audiences' or 'for adults only'.The example followed by NDATT is that of cinemas, where films are no longer cut but rated by the censors.
Those likely to be offended by such material, having thus been informed in advance, are free to choose not to attend.
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censorship
NDATT does not argue that theatre practitioners should be free from any constraints whatsoever: we hope that our members are guided by the considerations of good taste, good sense, compassion and respect for others, and would not casually use words or actions which are likely to offend.
Audiences and critics of course have the right to disagree with such decisions and to voice that disagreement. But NDATT rejects the claim of any outside individual or agency to dictate the appropriateness or acceptability of the performance of any theatrical work.
In particular, we do not believe that the management of the auditorium of the Central Bank has the right, the duty or the competence to decide what artists may and may not do in the course of their performances, and consequently what audiences may or may not witness.
In effect, the Central Bank is taking upon itself the role of a state censor, even though there is no provision in law for any government body to censor dramatic performances in this way.
Nor should artists be forced to accede without appeal to a state agency's interpretation of what laws apply to theatrical performances, and how.
The law most often cited, the Theatres and Dance Halls Act, is a 66-year-old relic of a colonial era, enacted to muzzle calypsonians. Only one section of that law could possibly apply to theatrical performances of the kind staged by NDATT members, and that refers to lewd dancing and indecent costumes.
It is unfortunate that a state agency has seen fit to exploit this ancient legislation in a misguided and unwarranted attempt to intimidate and thus silence artists.
definitions of obscenity
The language objected to by the Central Bank administration is sometimes referred to as 'obscene'. It must be borne in mind, however, that there is no hard and fast definition of what is obscene. Whether or not an expression is obscene depends on the context in which the language is used. Likewise, the mere use of certain words is not of itself immoral.
threat to freedom of speech
The latest attempt to restrict the legitimate freedom of expression of theatre practitioners might seem to be a petty incident of no interest or relevance to those who did not attend the production in question and who do not go to the theatre.
But the price of freedom is eternal vigilance. This incident must therefore be seen in the context of recently drafted legislation which would impinge on the freedom of expression of all the citizens of Trinidad and Tobago. We refer here to the 1997 Green Paper on Media Reform; the Freedom of Information Act 1999; and the Equal Opportunity Bill.
If the Equal Opportunity Bill becomes law, it will restrict the freedom of expression of theatre practitioners as well as calypsonians, other interest groups and individuals. NDATT therefore shares the widespread concern aroused by the bill.
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