Statement of AFAD on the Bill to Amend the Act on State Symbols, Submitted by Members of Parliament
September 1, 2026
The Academy of Fine Arts and Design in Bratislava (AFAD) expresses its full support for its student and categorically condemns the unprecedented wave of hatred, verbal attacks, and threats to which our student has been subjected on social media and in the public sphere. This aggressive atmosphere of public persecution has been deliberately incited and fuelled by public figures and political representatives who have not hesitated to exploit a student’s semester project for political marketing, the polarisation of society, and the scoring of cheap political points. We consider it unacceptable and contrary to basic political culture and the rule of law for an art student to be subjected to public ostracism, dehumanisation, and fear for their safety and livelihood because of an artwork created in the exercise of their constitutional rights within an academic environment.
We maintain that, under the laws of the Slovak Republic in force at the time the student’s work was created, the work was entirely lawful and did not constitute any criminal offence. In our view, legal arguments concerning the alleged “defamation of state symbols” have therefore been factually and legally untenable from the outset.
The fact that members of the National Council of the Slovak Republic responded to this semester project by proposing amendments to legislation governing state symbols, administrative offences, and criminal law merely confirms that no unlawful conduct occurred. However, this legislative proposal bears all the hallmarks of purpose-built, ad hoc legislation that conflicts with the principle of the rule of law and the requirement that legal norms be generally applicable. In a democratic society, the law must not be used as a reactive instrument of tailor-made political retaliation.
In our view, the proposed legislation constitutes a gross and disproportionate interference with the constitutionally guaranteed freedom of scientific research and art, freedom of expression, and the academic freedoms protected by the Higher Education Act. The introduction of a new criminal offence of defaming a protected symbol, punishable by several years of imprisonment and draconian fines and based on vague, subjective, and legally elusive terms such as “disparaging,” “degrading,” or “ridiculing,” displays clear signs of ambiguity and unpredictability. According to the established case law of the Constitutional Court of the Slovak Republic, criminal law is the ultimate means of social regulation and must not be misused to protect subjective aesthetic or religious sensibilities from critical reflection.
Artistic works and satire also enjoy a high degree of protection under the case law of the European Court of Human Rights, which has consistently held that freedom of expression and artistic creation applies not only to ideas received with understanding, but particularly to those that provoke, shock, disturb, or raise controversial social issues. Statements by the sponsors of the proposed legislation that the new rules are intended to serve as “prevention, so that so-called artists watch themselves” openly acknowledge an attempt to intimidate artists and enforce self-censorship, in direct conflict with the constitutional prohibition of censorship.
AFAD rejects attempts by political authorities to turn the academic environment into an arena for criminal persecution and censorship. Higher education institutions must remain autonomous and safe spaces for creative experimentation, critical thinking, and open dialogue. We call upon political representatives to stop spreading hatred and to respect the safety of students. We also call upon the members of the National Council of the Slovak Republic to reject this repressive private member’s bill.
AFAD Management
AFAD Academic Board
AFAD Academic Senate
AFAD Academic Community