Government responses




Asia

In China, Mao Zedong in the 1920s used revolutionary slogans and paintings in public places to galvanise the country's communist revolution.

Based on different national conditions, many people believe that China's attitude towards Graffiti is fierce, but in fact, according to Lance Crayon's film "Spray Paint Beijing: Graffiti in the Capital of China", Graffiti is accepted by many people in Beijing, China, and even the police do not make much interference. But politically and religiously sensitive graffiti is not allowed.

In Hong Kong, Tsang Tsou Choi was known as the King of Kowloon for his calligraphy graffiti over many years, in which he claimed ownership of the area. Now some of his work is preserved officially.

In Taiwan, the government has made some concessions to graffitists. Since 2005 they have been allowed to freely display their work along some sections of riverside retaining walls in designated "Graffiti Zones". From 2007, Taipei's department of cultural affairs also began permitting graffiti on fences around major public construction sites. Department head Yong-ping Lee (李永萍) stated, "We will promote graffiti starting with the public sector, and then later in the private sector too. It's our goal to beautify the city with graffiti". The government later helped organize a graffiti contest in Ximending, a popular shopping district. graffitists caught working outside of these designated areas still face fines up to NT$6,000 under a department of environmental protection regulation. However, Taiwanese authorities can be relatively lenient, one veteran police officer stating anonymously, "Unless someone complains about vandalism, we won't get involved. We don't go after it proactively."

In 1993, after several expensive cars in Singapore were spray-painted, the police arrested a student from the Singapore American School, Michael P. Fay, questioned him, and subsequently charged him with vandalism. Fay pleaded guilty to vandalizing a car in addition to stealing road signs. Under the 1966 Vandalism Act of Singapore, originally passed to curb the spread of communist graffiti in Singapore, the court sentenced him to four months in jail, a fine of S$3,500 (US$2,233), and a caning. The New York Times ran several editorials and op-eds that condemned the punishment and called on the American public to flood the Singaporean embassy with protests. Although the Singapore government received many calls for clemency, Fay's caning took place in Singapore on 5 May 1994. Fay had originally received a sentence of six strokes of the cane, but the presiding president of Singapore, Ong Teng Cheong, agreed to reduce his caning sentence to four lashes.

In South Korea, Park Jung-soo was fined two million South Korean won by the Seoul Central District Court for spray-painting a rat on posters of the G-20 Summit a few days before the event in November 2011. Park alleged that the initial in "G-20" sounds like the Korean word for "rat", but Korean government prosecutors alleged that Park was making a derogatory statement about the president of South Korea, Lee Myung-bak, the host of the summit. This case led to public outcry and debate on the lack of government tolerance and in support of freedom of expression. The court ruled that the painting, "an ominous creature like a rat" amounts to "an organized criminal activity" and upheld the fine while denying the prosecution's request for imprisonment for Park.

Europe

In Europe, community cleaning squads have responded to graffiti, in some cases with reckless abandon, as when in 1992 in France a local Scout group, attempting to remove modern graffiti, damaged two prehistoric paintings of bison in the Cave of Mayrière supérieure near the French village of Bruniquel in Tarn-et-Garonne, earning them the 1992 Ig Nobel Prize in archeology.

In September 2006, the European Parliament directed the European Commission to create urban environment policies to prevent and eliminate dirt, litter, graffiti, animal excrement, and excessive noise from domestic and vehicular music systems in European cities, along with other concerns over urban life.

The Anti-Social Behaviour Act 2003 became Britain's latest anti-graffiti legislation. In August 2004, the Keep Britain Tidy campaign issued a press release calling for zero tolerance of graffiti and supporting proposals such as issuing "on the spot" fines to graffiti offenders and banning the sale of aerosol paint to anyone under the age of 16. The press release also condemned the use of graffiti images in advertising and in music videos, arguing that real-world experience of graffiti stood far removed from its often-portrayed 'cool' or 'edgy' image.

To back the campaign, 123 MPs (including then Prime Minister Tony Blair), signed a charter which stated: "Graffiti is not art, it's crime. On behalf of my constituents, I will do all I can to rid our community of this problem."

In the UK, city councils have the power to take action against the owner of any property that has been defaced under the Anti-social Behaviour Act 2003 (as amended by the Clean Neighbourhoods and Environment Act 2005) or, in certain cases, the Highways Act. This is often used against owners of property that are complacent in allowing protective boards to be defaced so long as the property is not damaged.citation needed

In July 2008, a conspiracy charge was used to convict graffitists for the first time. After a three-month police surveillance operation, nine members of the DPM crew were convicted of conspiracy to commit criminal damage costing at least £1 million. Five of them received prison sentences, ranging from eighteen months to two years. The unprecedented scale of the investigation and the severity of the sentences rekindled public debate over whether graffiti should be considered art or crime.

Some councils, like those of Stroud and Loerrach, provide approved areas in the town where graffitists can showcase their talents, including underpasses, car parks, and walls that might otherwise prove a target for the 'spray and run.'

In Budapest, Hungary, both a city-backed movement called I Love Budapest and a special police division tackle the problem, including the provision of approved areas.

Australia

In an effort to reduce vandalism, many cities in Australia have designated walls or areas exclusively for use by graffitists. One early example is the "Graffiti Tunnel" located at the Camperdown Campus of the University of Sydney, which is available for use by any student at the university to tag, advertise, poster, and create "art". Advocates of this idea suggest that this discourages petty vandalism yet encourages artists to take their time and produce great art, without worry of being caught or arrested for vandalism or trespassing. Others disagree with this approach, arguing that the presence of legal graffiti walls does not demonstrably reduce illegal graffiti elsewhere. Some local government areas throughout Australia have introduced "anti-graffiti squads", who clean graffiti in the area, and such crews as BCW (Buffers Can't Win) have taken steps to keep one step ahead of local graffiti cleaners.

Many state governments have banned the sale or possession of spray paint to those under the age of 18 (age of majority). However, a number of local governments in Victoria have taken steps to recognize the cultural heritage value of some examples of graffiti, such as prominent political graffiti. Tough new graffiti laws have been introduced in Australia with fines of up to A$26,000 and two years in prison.

Melbourne is a prominent graffiti city of Australia with many of its lanes being tourist attractions, such as Hosier Lane in particular, a popular destination for photographers, wedding photography, and backdrops for corporate print advertising. The Lonely Planet travel guide cites Melbourne's street as a major attraction. All forms of graffiti, including sticker art, poster, stencil art, and wheatpasting, can be found in many places throughout the city. Prominent street art precincts include; Fitzroy, Collingwood, Northcote, Brunswick, St. Kilda, and the CBD, where stencil and sticker art is prominent. As one moves farther away from the city, mostly along suburban train lines, graffiti tags become more prominent. Many international artists such as Banksy have left their work in Melbourne and in early 2008 a perspex screen was installed to prevent a Banksy stencil art piece from being destroyed, it has survived since 2003 through the respect of local street artists avoiding posting over it, although it has recently had paint tipped over it.

New Zealand

In February 2008 Helen Clark, the New Zealand prime minister at that time, announced a government crackdown on tagging and other forms of graffiti vandalism, describing it as a destructive crime representing an invasion of public and private property. New legislation subsequently adopted included a ban on the sale of paint spray cans to persons under 18 and increases in maximum fines for the offence from NZ$200 to NZ$2,000 or extended community service. The issue of tagging become a widely debated one following an incident in Auckland during January 2008 in which a middle-aged property owner stabbed one of two teenage taggers to death and was subsequently convicted of manslaughter.

United States

Tracker databases

Graffiti databases have increased in the past decade because they allow vandalism incidents to be fully documented against an offender and help the police and prosecution charge and prosecute offenders for multiple counts of vandalism. They also provide law enforcement the ability to rapidly search for an offender's moniker or tag in a simple, effective, and comprehensive way. These systems can also help track costs of damage to city to help allocate an anti-graffiti budget. The theory is that when an offender is caught putting up graffiti, they are not just charged with one count of vandalism; they can be held accountable for all the other damage for which they are responsible. This has two main benefits for law enforcement. One, it sends a signal to the offenders that their vandalism is being tracked. Two, a city can seek restitution from offenders for all the damage that they have committed, not merely a single incident. These systems give law enforcement personnel real-time, street-level intelligence that allows them not only to focus on the worst graffiti offenders and their damage, but also to monitor potential gang violence that is associated with the graffiti.

Gang injunctions

Many restrictions of civil gang injunctions are designed to help address and protect the physical environment and limit graffiti. Provisions of gang injunctions include things such as restricting the possession of marker pens, spray paint cans, or other sharp objects capable of defacing private or public property; spray painting, or marking with marker pens, scratching, applying stickers, or otherwise applying graffiti on any public or private property, including, but not limited to the street, alley, residences, block walls, and fences, vehicles or any other real or personal property. Some injunctions contain wording that restricts damaging or vandalizing both public and private property, including but not limited to any vehicle, light fixture, door, fence, wall, gate, window, building, street sign, utility box, telephone box, tree, or power pole.

Hotlines and reward programs

To help address many of these issues, many local jurisdictions have set up graffiti abatement hotlines, where citizens can call in and report vandalism and have it removed. San Diego's hotline receives more than 5,000 calls per year, in addition to reporting the graffiti, callers can learn more about prevention. One of the complaints about these hotlines is the response time; there is often a lag time between a property owner calling about the graffiti and its removal. The length of delay should be a consideration for any jurisdiction planning on operating a hotline. Local jurisdictions must convince the callers that their complaint of vandalism will be a priority and cleaned off right away. If the jurisdiction does not have the resources to respond to complaints in a timely manner, the value of the hotline diminishes. Crews must be able to respond to individual service calls made to the graffiti hotline as well as focus on cleanup near schools, parks, and major intersections and transit routes to have the biggest impact. Some cities offer a reward for information leading to the arrest and prosecution of suspects for tagging or graffiti related vandalism. The amount of the reward is based on the information provided, and the action taken.

Search warrants

When the police use search warrants in connection with a vandalism investigation they are often seeking judicial approval to look for items such as cans of spray paint and nozzles from other kinds of aerosol sprays, etching tools, or other sharp or pointed objects used to etch or scratch glass and other hard surfaces, such as permanent marking pens and markers or paint sticks; evidence of membership or affiliation with any gang or tagging crew, paraphernalia to include any reference to "(tagger's name)," and any drawings, writings, objects, or graffiti depicting taggers' names, initials, logos, monikers, slogans, or mention of tagging crew membership; any newspaper clippings relating details of or referring to any graffiti crime.

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