ACE: freedom of expression is ‘indisputably vital’

Arts Council England (ACE) has issued a statement affirming its commitment to free personal, artistic and political expression in response to Arts Professional's article about recent changes to ACE's Relationship Framework policies for National Portfolio Organisations (NPOs) and Investment Principles Support Organisations (IPSOs).

The changes, made by ACE in response to requests from cultural leaders on navigating an increasingly “polarised” environment, urged organisations to be wary of "overtly political or activist" statements made in a personal capacity by people linked with them as this might expose them to “reputational risk” and breach their funding agreements. 

Since writing its initial statement, ACE has responded to further concerns from the sector that the language used was "open to misinterpretation" and confirmed it will publish a revised version of its relationship framework "as soon as possible".

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The framework changes raised concerns that it represented an attempt to "silence" arts organisations. Explaining its position, ACE said in a statement published 14 February: “It is right that our funding will be used to support work that is perceived as political or controversial."

“We also recognise, however, that the context in which artists and organisations are currently working is more polarised than ever before, and that conversations, particularly on social media, can lack nuance. 

“Over recent years, we have all, on many occasions, seen individuals and organisations working in the cultural sector subjected to aggressive attacks for the art they have presented, the positions they have taken, or statements they have made.”

ACE said that the guidance is designed to set out a series of steps for organisations planning an activity that might be viewed as controversial to mitigate any risk it might pose to its reputation, staff and audiences.

Balancing freedom of expression with safety

“We do expect the organisations we invest in to ensure that the people who work for them, and the communities they work with and for, are considered with care,” said ACE.

“Individuals at work must not be subject to harassment or discrimination, and publicly funded cultural venues should be welcoming to all their communities. 

“Our guidance is intended to support organisations in balancing the vital right of freedom of expression with the need to ensure that they, their staff, and their communities are considered and kept safe.”

Unintended consequences

Responding to specific concerns over language in its framework relating to individuals working for or associated with an organisation generating reputational risk in a personal capacity, ACE said: ”We fully respect and defend the rights of individual artists to freedom of expression, political or otherwise.

“However, in practice, we understand that some individual artists – for example, Artistic Directors – are strongly associated with the organisations for whom they work, and as a result, their personal positions may be taken to be those of the wider organisation.”

ACE advises that any individuals working in public-facing positions in cultural organisations planning to undertake an activity that might be deemed controversial, even in a personal capacity, should first discuss it with their board to mitigate any risks that might arise. 

“The intention of the refreshed relationship framework is not to prevent individuals from expressing their political views, but to support artists and organisations with tools to ensure that this is done in a such a way that it does not result in unintended consequences, or distress for others associated with the organisation.”

The performing arts union Equity said ACE's statement had done "little to allay" its concerns over the new guidance, claiming it "singles out Artistic Directors as being legitimate targets for censorship by organisations". In response, the union said it had written to ACE Chief Executive Darren Henley, urging the organisation to remove the updates and to consult with relevant unions.