When Justice Defends Culture and Its Artists

On October 24, 2025, the world celebrated International Artists Day. Taking advantage of this occasion, the Director of Public Prosecutions, Mr. Rashid Ahmine, dedicated his October 2025 newsletter to various aspects of our culture and how our laws protect it.

In his editorial, Mr. Nataraj Muneesamy, Assistant to the Director of Public Prosecutions (DPP), stated: "Artists are true guardians of our heritage. They play a vital role in preserving our culture, but unfortunately, their contributions are not always recognized or valued enough. Female artists, in particular, face violence (sexual) and subtle forms of harassment. Sadly, our laws do not necessarily focus sufficiently on these aspects of women's vulnerability."

According to the lawyer, attacking or destroying culture is a genuine assault, not just against an individual but against vast communities. "Acts of vandalism on Le Morne affect not only hikers but also cause deep sadness to all Mauritians," emphasized Mr. Nataraj Muneesamy.

He cited a recent inappropriate act by a tourist at the sacred site of Grand Bassin, highlighting how culture can be desecrated by such disrespectful behavior. The lawyer also mentioned the bold theft recently committed at the Louvre Museum in Paris, which, according to him, not only impacted French citizens but left a mark on minds worldwide.

For the legal expert, our legislative texts strive to protect culture in all its forms. However, gaps remain. He clarified that a country's culture is its true DNA: it encompasses all aspects and complexities of its identity. Culture, he explained, is not limited to tangible items—buildings, historical monuments, artworks, or artifacts—but also includes the intangible: performing arts like music, singing, dance, poetry, theater, and dramatic arts, as well as social practices, rituals, and festivals.

"It does not belong to any one person or elite. On the contrary, it is accessible to all, regardless of origin or education. In short, culture is omnipresent and universal," he concluded.

Rights Granted to Artists
Ms. Hansinee Devi Purseed, Temporary State Counsel, discussed the primary rights granted to musical artists through copyright law.

• Economic rights: section 6 of the Copyright Act.
• Moral rights: section 7 of the Copyright Act.
• According to section 15(1) of the Copyright Act 2014, the duration of copyright lasts for the life of the author and for 70 years after their death.
• Anyone who sells, distributes, or reproduces works protected by copyright without the authorization of the copyright holder or the Mauritius Society of Authors (MASA), under section 56 of the Copyright Act 2014, commits an offense.
• For a first offense, a fine not exceeding Rs 300,000 and a maximum prison sentence of two years apply.
• For repeat offenses, the individual faces a fine not exceeding Rs 500,000 and a prison sentence of no more than eight years.
• Additionally, section 21 of the Cybercrime and Cybersecurity Act 2021 stipulates a criminal offense in case of unauthorized actions and provides for the same penalties.

Traditional and Folkloric Cultural Expressions
Mr. Yanish Jeerasoo, State Counsel, focused on "traditional cultural expressions" and "folkloric expressions" as defined by the Copyright Act 2014. The critical question he raised was whether these expressions should benefit from a separate legal protection regime. "Several of our African counterparts have undertaken legislative reforms..." he noted, citing Kenya and Nigeria.

He pointed out that the stakes are high for Mauritius: an effective regime protecting collective rights would strengthen control over our shared cultural heritage and promote respectful cultural exchanges. Conversely, poor implementation could have harmful consequences.

Protecting the Cultural Creation Process
On her part, Ms. Rajeenee Segobin-Kalachand, Senior State Counsel, addressed the issue of cultural appropriation. She reminded that in 2003, Mauritius ratified the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage.

Under this Convention, five domains of intangible heritage are identified, including traditional craftsmanship. This area, the lawyer emphasized, specifically concerns the skills and knowledge related to craftsmanship rather than the products themselves, aiming to encourage artisans to produce and pass on their know-how within their communities.

However, she noted that a major obstacle to protecting traditional craftsmanship lies in the question of authorship of the products: "Craft skills are often part of knowledge passed down through generations. Therefore, there is no individual author, but rather a collective involvement of a community in the craft practice. This is a specificity that the law should take into account, as the notion of authorship is unclear in these cases. A community identification of the product's origin would be more realistic."