Street Art or Graffiti ???

Following on from my post last month it turns out that not everyone sees this as art on buildings.  In many eyes it’s graffiti and a bad thing.

So, I’ve delved into things a bit further and discovered the following views and issues.

Some people support graffiti (in some or all cases) including Act Now, who promotes and supports debate about the merits and displays many images of the art on show on Sydney streets.  And, this feature by Time Out Sydney.

The NSW government is opposed to graffiti having implemented strict laws as explained below.  In fact, Attorney General, John Hatzistergos MP, said in parliament that ‘graffiti is not a victimless crime and is not simply a costly eyesore; it makes people fee unsafe and the community has had enough’ and ‘the tough, extraordinary measures on this bill leave no doubt as the Government’s view of people who deface property and how they deserve to be treated’.  The whole speech can be viewed here.

Whilst local councils struggle with graffiti and have implemented various strategies to deal with it.

The City of Sydney has a Graffiti Management Plan and a website where you can report graffiti for clean up.  According to their statistics during July 2007 - June 2008, there were 411,368 incidents of graffiti and bill posters in their area covering more than 170,000 sqm.

Under the Graffiti Control Act 2008 local councils can remove graffiti that is visible from public places with our without the land owner’s agreement and must keep registers of this kind of work.

Liverpool Council also wants graffiti removed as this report on a dispute about a well known graffiti wall in July 2009 explains … the wall is now gone.

Worse still, graffiti will get you into trouble with the law (at least in NSW) because of the Graffiti Control Act 2008 which makes it an offence to intentionally damage or deface premises or property with a graffiti implement (which includes spray paint, marker pens and anything else that leaves a permanent mark) and attracts jail and money penalties (S2200 or 12 months).

Even stricter controls apply to under18 year olds who can’t have spray cans or graffiti implements.  Nor can anyone sell or supply these things to minors and shopkeepers aren’t even allowed to leave spray cans in unsecured areas.

And people who offend these laws may also have a penalty of up to $2200 imposed on them to cover the cost of graffiti removal.  Offenders can also be ordered or volunteer to clean up graffiti under community service schemes in place of penalties at the rate of $30 per hour.

But, at least permission or the building owner or other lawful authority is a defence.

So, if you like or want street art bear in mind not everyone agrees so get permission and don’t involve anyone under 18 year olds.

Francesco …