controversial musicians
Controversy over Roger Waters appearances: “Ban goes too far”
Pink Floyd musician Roger Waters is controversial because of his political statements. photo
© Onni Ojala/Lehtikuva/dpa
Should art be banned because of the artist’s political opinion? Opinions differ on the question.
In the dispute over performances by controversial artists such as Pink Floyd co-founder Roger Waters (79), Giessen legal scholar Maximilian Roth sees no use for bans.
Roth told the German Press Agency that it was “under no circumstances” enough to accuse artists of making political statements. “Only when the statements, attitudes and symbols become part of the art can the authorities legitimize intervention,” said Roth.
Accusation: anti-Semitic propaganda
Waters is accused of running anti-Semitic propaganda. A concert by the British musician is planned for May 28 in the Festhalle at the Frankfurt exhibition center. There is also a dispute about other planned performances in Germany, and calls for concert cancellations have increased. Instead of demanding a ban that would not be legally enforceable, one could impose conditions, Roth suggests. In the case of Waters, for example, one could order not to show anti-Semitic symbols on stage.
“Artistic freedom is a fundamental right guaranteed by the constitution and granted unconditionally,” said Roth. Interventions in artistic freedom are only permissible to protect other constitutional goods – for example the free-democratic basic order – or if a criminal offense is committed – for example incitement to hatred. But even then, a “proportionality test” would still be required, which would have to be weighed up in each individual case.
politics and art
If a criminal law threshold is exceeded, political demands are welcome. “But if politics interferes with the taste of art, it can actually be counterproductive,” warns Roth. People who are critical of the state could come to the conclusion that politicians now even want to tell them which music they can and cannot like. “Then what may be well-intentioned can quickly turn into the opposite.”
Waters recently received a strong headwind from David Gilmour (76), his former bandmate on Pink Floyd (“The Wall”). Gilmour’s wife, songwriter Polly Samson (60), wrote in a tweet addressed to Waters: “Unfortunately you are anti-Semitic to the core.” Waters is a Putin apologist and a “lying, thieving, hypocritical, tax-avoiding, playback-singing, misogynist, envy-eating megalomaniac.” Gilmour shared the post, writing, “Every word provably true.” Waters responded on Twitter and spoke of “seditious and completely inaccurate comments”, which he rejects.