Graffiti on matters of public interest as an exercise of freedom of expression, a mechanism for citizen participation and a means of access to public information

Abstract

The creation of graffiti in public spaces is a unique manifestation of urban art characterized by reflecting the cultural and historical identity of a place and by capturing the personality of its author; at the same time, it is a phenomenon linked to the articulation of language and the exercise of freedom of expression. This article analyzes the possibility of reformulating the study of expression through graffiti that deals with matters of public interest and, with this in the future, evaluate the legal regulation of the use of spaces during electoral periods. The above, by virtue of its instrumentality within a democracy, serves as a mechanism for citizen participation and a form of access to relevant information for groups in vulnerable situations. To do this, we review how the Law – and particularly the European Court of Human Rights – has addressed the exercise of freedom of expression and we demonstrate its applicability to expression through graffiti. We also present some considerations regarding the protection of third party rights as a limit and the form of reparation against manifestations of critical judgment on surfaces of public and private spaces. Finally, we lay out possible arguments underlying the explicit reasons for accepting our hypothesis, and we conclude with some questions whose answers require further investigation.