Social Structures
Author: Dr Laura Serra. Postdoctoral researcher ReCreating Europe, ALL Institute – Department of Law, Maynooth University
Today, 21st of May is the World Day for Cultural Diversity for Dialogue and Development. This is a date that we would like to mark within the remit of the ReCreating Europe project, funded by the European Union Horizon 2020 Programme, by raising awareness about cultural diversity. We also wish to take this opportunity to highlight how the project aims to contribute to foster cultural diversity.
According to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which was adopted in 2005 and swiftly ratified by several States around the globe, cultural diversity “refers to the manifold ways in which the cultures of groups and societies find expression”, and “these expressions are passed on within and among groups and societies”. Furthermore, cultural diversity “is made manifest not only through the varied ways in which the cultural heritage of humanity is expressed, augmented and transmitted through the variety of cultural expressions, but also through diverse modes of artistic creation, production, dissemination, distribution and enjoyment, whatever the means and technologies used”.
The UNESCO Convention aims to protect cultural diversity and “create the conditions for cultures to flourish and to freely interact in a mutually beneficial manner”. Sabine von Schorlemer explains that this Conventions seeks to preserve cultural diversity in the context of globalisation and free trade. Obuljen argues that the Convention has a broader reach, and its rationale goes well beyond mere trade concerns. She also contends that the Convention is an important tool to create alternative policy solutions. According to Article 7 of the Convention, States Parties shall encourage individuals and social groups to create, produce, disseminate, distribute and have access to their cultural expressions, paying due attention to the special circumstances and needs of women as well as various social groups, including persons belonging to minorities and Indigenous peoples. This Article also states that Parties must endeavour to create an environment where people can have access to diverse cultural expressions from within their territory and other countries. In that connection, the Operational Guidelines to Article 7 assert that States Parties are encouraged to develop and implement policy instruments aimed at supporting the creation and dissemination of cultural goods and services with the participation of all stakeholders. Those Guidelines also encourage Parties to adopt legislation on broadcasting and copyright.
With the ReCreating Europe project we aim to deliver ground-breaking contributions towards a clear understanding of what makes a suitable regulatory framework that promotes culturally diverse production and optimises inclusive access and consumption of digital cultural content, hence supporting the implementation of this Convention. Mißling and Scherer state that “a new and proper balance within the copyright system must be found. This balance [must consider] the changes brought by technological developments and the change of the economic and political environment”. The era of digitisation has reshaped the way in which we access culture, which can often have a detrimental impact on the most vulnerable as several barriers to enjoying cultural content in the digital realm exist, which are exacerbated in the case of vulnerable groups including cost, representation of minority groups, and the accessibility of content for people with disabilities.
Our research team at Maynooth University aims to understand better the policy and legal frameworks, including copyright laws, that make digital cultural content available and more accessible to all persons, including persons with disabilities and minority groups. Considering the importance of the digital environment, we are assessing across 12 EU countries whether persons with disabilities and members of minority groups perceive intellectual property, particularly copyright law, as a barrier to accessing digital cultural content and identifying any additional barriers.
As part of this project, we are conducting interviews with representative organisations of persons with disabilities and old and new minorities to assess the legal, economic, and technological barriers that these persons are experiencing when accessing digital cultural content. We also launched an online survey to understand the experiences and practices that old and new minorities and persons with disabilities have when accessing digital culture, as well as seeking to ascertain their perceptions of barriers to access to such content. Furthermore, we are evaluating the adequacy of existing EU and national regulatory responses to tackle such barriers and support vulnerable people to access digital cultural goods and services on an equal basis.
The COVID-19 pandemic has transformed our way of life, including how we enjoy culture – almost everything has moved to a digital environment. However, is diverse digital cultural content available? How well-represented are people with disabilities and people belonging to minority groups in this content? How do minorities and persons with disabilities experience online cultural content during the restrictions imposed because of the COVID-19 pandemic? Is the digital cultural content available and accessible to all persons? Can people belonging to minority groups and persons with disabilities enjoy online cultural goods on an equal basis with others? These are some of the questions we address in the ReCreating Europe research project, with the aim of offering a set of policy recommendations and best practices in order to democratise access to culture and foster access for all, while effectively sustaining the growth and competitiveness of rich and diverse cultural and creative industries. Together with our partners in the project we aim to identify solutions for the removal of bottlenecks to the creation and accessibility of cultural content posed by copyright law and for the exploitation of yet-untapped opportunities offered by the digitisation of cultural/creative works and the digital single market to enhance the democratisation of culture.
ReCreating Europe has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement no 870626.