Why Arnhem cannot simply ban Kanye West
In the media image: Nainoa Shizuru on Unsplash
Unrest is growing around Kanye West's scheduled concerts in Arnhem, but the city’s mayor cannot simply ban him. According to Adriaan Wierenga, an emergency law specialist at the Department of Constitutional and Administrative Law, such an intervention would clash with fundamental freedoms.
Kanye West’s upcoming concerts in the GelreDome in June have sparked heated discussions, partly because of anti-Semitic comments made by the artist in the past. According to Wierenga, however, a mayor here cannot simply intervene on the basis of the content of a message. 'It’s not up to the mayor to censor in advance,' he says. In the Netherlands, there is a 'total censorship ban', which means that the government is not allowed to interfere with artists' expressions.
Only in exceptional circumstances can a performance be prohibited, for example when public safety cannot be guaranteed. Yet even then, Wierenga emphasises that the focus should be on protection rather than refusal. In such cases, the mayor of Arnhem, Ahmed Marcouch, must 'do everything in his power, according to the Constitution, to protect the person who wishes to perform.' A ban would also create a 'dangerous precedent', as it would allow those in power to decide who may or may not perform. Still, Wierenga notes, ‘the fact that he cannot be refused is, in itself, an important principle'.
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Read the full article on EenVandaag (in Dutch)
Listen to the radio item during the Feit of Fictie broadcast (in Dutch)