FAQ on Freedom of Expression and the Free
Flow of Ideas by Word and Image: Draft
Convention on the Protection of the
Diversity of Cultural Content and
Artistic Expression

1. Could the future UNESCO convention on cultural diversity jeopardize freedom of expression?

Resolution 32C/34, adopted by consensus at the 32nd General Conference of UNESCO, emphasized "the importance of Article 19 of the Universal Declaration of Human Rights, which declares that everyone has the right to freedom of opinion and expression, including the freedom to seek, receive and impart information and ideas through any media and regardless of frontiers." This same resolution also recalled "that one of the fundamental purposes of UNESCO is to promote the free flow of ideas by word and image, and to preserve the independence, integrity and fruitful diversity of cultures." It must be recalled that to ensure the free flow of ideas by word and image, voices are needed to produce them and make them heard. If this free flow of ideas by word and image is to have real meaning, creation must occur in a context of sufficient technical, financial and human resources to allow cultures and creators to participate in the great cultural exchanges of this century. Only a multitude of voices will allow for the mutual enrichment of cultures.

In other words, the UNESCO Convention would not in any way jeopardize freedom of expression or the free flow of ideas, but would in fact expand the range of cultural content and artistic expression available locally and internationally. The measures taken to ensure cultural diversity would focus on the availability of the cultural goods and services offered by other member states, by encouraging the signatories to consider the impact of the national policies and measures they might develop or implement as regards the availability of foreign cultural goods and services.

2. Would a Convention on the Protection of the Diversity of Cultural Content and Artistic Expression restrict the movement of cultural products between countries?

One of the objectives of the Convention is to reaffirm the right of states to maintain or adopt appropriate measures for the development of cultural expression and the promotion of cultural diversity, while also complying with their international obligations. Since it is generally understood that it is legitimate for states to maintain the social benefits afforded by cultural goods and services that are not taken into account by the market, the dual nature of these goods and services, which generate economic and social prosperity and contribute to democracy and identity, and must then be considered by governments in developing their public policies.

Nevertheless, we must recall that cultural diversity entails a spirit of free competition and not protectionism, and that measures supporting the diversification of national cultural products are not intended to create "state cultures." Any cultural policy aims, in principle, to promote the development of national cultural expressions and these support measures do not justify closing the borders to foreign cultural works.

The support measures taken by countries to develop their cultural industries will not seek to restrict the movement of cultural products from one country to another; they will instead ensure that local production finds a place in domestic and international markets.

Moreover, current developments in communication technologies show that the increasing number of means of broadcasting and distribution lead to an increased demand for cultural products, fostering exchanges between producing countries and those undergoing a technical revolution.

A Convention on the Protection of the Diversity of Cultural Content and Artistic Expression must foster exchanges between countries in all cultural sectors.

Such a Convention might very well include an effective dispute resolution mechanism for matters involving rights and obligations accepted under the Convention.

Finally, when signatories to the Convention take measures that could have an impact on other signatories, their cultural industries or cultural goods and services, they must ensure that such measures are consistent with the principles and objectives of this Convention.

3. Would adopting a Convention on the Protection of the Diversity of Cultural Content and Artistic Expression give states too much discretion in defending cultural diversity?

Cultural diversity depends, above all, on the creators' vitality and imagination. Therefore, it is up to artists and cultural industries, not only governments, to support the growth and vitality of cultural diversity, without which the very process of economic globalization could be affected.

A Convention would establish a framework of founding principles for a good cultural policy; respect for freedom of expression and regulatory transparency are among the essential principles of a good cultural policy.

The objective is in no way to promote the emergence of "state cultures" that are inconsistent with freedom of cultural expression and choice, but instead to facilitate access to a broad range of domestic and international cultural products. Furthermore, no state could single-handedly support and promote culture without working with the private sector. Close cooperation between the public and private sectors is the only way to create a proper framework for cultural diversity and its development.

4. How can the free circulation of cultural productions between the North and the South be ensured?

To paraphrase Abdou Diouf, current Secretary-General of the International Organization of La Francophonie (IOF), not all countries have oil, but all societies have cultures, some resulting from the coexistence of a multitude of identities.

The future UNESCO Convention must be part of the North-South dialogue. Except for a few major exporting countries of audiovisual products, the vast majority of countries from the South do not have the means to promote their cultures nor export them to other developing or industrialized countries. Generally speaking, the cultural sector in countries in the South is a weak link in the economic chain of development, which is not the case in countries in the North.

The Convention should foster international cooperation between the North and the South in order to reverse the structural imbalances in cultural exchanges. This can be achieved through appropriate financial support, technical assistance, the sharing of best practices and expertise, among other means.

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