Limitaciones administrativas a la libertad de creación artística en los espectáculos públicos

Culture is, nowadays, an objective that has to be protected by States, which must guarantee its free and diverse existence and promote the suitable conditions for its progress, as well as provide access to it to all citizens. To achieve this, is necessary that Public Administrations respect its autonomy and adopt an attitude of non-intervention in the exercise of cultural rights and freedoms, including artistic creation, which enshrines the right to create, transmit and receive cultural products as they were conceived by their authors, thus contributing to the cultural enrichment of society as a whole. Nonetheless, it is possible to impose certain restrictions upon the exercise of such rights at the moment of public communication, respecting, in any case, the essential content of the right itself.Since one of the principal ways of cultural manifestation is public entertainment, every limitation to these will have also an impact on the freedom of artistic creation. Because of this, the objective of this project is to determinate the position that Administrations must adopt in relation to this type of entertainment in which a creative and artistic component exist, differentiating the interventions that can be considered legitimate from those that will constitute censorship.For this purpose, the different Spanish state and regional laws about public entertainment were analyzed, as well as the the impact of the Directive 2006/123/CE on the juridical status of administrative intervention, and the case law of the European Court of Human Rights and the main Spanish courts in relation to limitations on freedom of artistic creation, where the protection of children and youth plays a key role.