Street Art Removal by Mayors: Legal and Ethical Questions
Recent incidents in Italy highlight the friction between local governance and the freedom of expression in street art. In Ostia, the city council partially obscured a mural by Lucamaleonte, claiming it was divisive and overlooking the artist's moral rights. Meanwhile, in Baronissi, the mayor mandated the removal of a mural depicting two monkeys alongside Interior Minister Matteo Salvini after receiving a complaint from the rector of the University of Salerno. The mayor justified this action by stating it did not align with his administration's aesthetic, not due to any offense taken at the satire. The Ostia mural had received authorization, which may breach copyright law, while the Baronissi piece lacked permission and could be seen as criminal defacement. The author recommends that mayors engage with cultural heritage authorities prior to making changes to urban art.
Key facts
- In Ostia, a mural by Lucamaleonte was partially whitewashed by the city council because some depicted faces were deemed 'divisive'.
- In Baronissi, a mural showing two monkeys and Matteo Salvini with '49 million years ago' was ordered removed by the mayor.
- The University of Salerno rector, a Lega candidate for EU elections, complained about the Baronissi mural on Facebook.
- The Baronissi mayor stated the removal was because the mural did not align with his administration's style.
- The article contrasts these events with the 2015 Charlie Hebdo attacks and subsequent defense of satire.
- Italian copyright law (Article 20) protects an author's right to oppose modifications that harm honor or reputation.
- Italian penal code Article 639 punishes defacement of others' property, but its application to authorized street art is debated.
- The author proposes a law requiring mayors to consult Soprintendenze before removing street art.
- A mayor removed all TVBoy murals depicting her except one showing her as Wonder Woman, illustrating selective censorship.
- The article references the censorship of Sironi's fresco at Sapienza University and the destruction of Bamiyan Buddhas.
Entities
Artists
- Lucamaleonte
- AliCè
- Mario Sironi
- TVBoy
Institutions
- Artribune
- University of Salerno
- Sapienza University
- Lega
- Soprintendenze
- Cassazione (Italian Supreme Court)
Locations
- Ostia
- Baronissi
- Salerno
- Italy
- Paris
- Bamiyan