Tracey Ramsden
Clippings Autumn 2020
6 min readOct 22, 2020

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The Politics of Banksy: Why Drawing On Walls Is OK But Writing On Them Is Not.

Banksy is well known for his autonomy and his anonymity, preferring to let his artwork speak for itself (Artnet.com, 2020). His political pieces invariably cause debate but it is the apparent disparity between the treatment of his ‘cultured street art’ and generic ‘graffiti’ that has generated a long-running political debate all of its own.

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The recent appearance of ‘Hula Hoop Girl’ (The Guardian, 2020), a beauty salon wall ‘Banksy’ in Nottingham, has reopened the ‘street art’ versus ‘graffiti’ debate. The addition of an independent ‘tag’ over the top of Banksy’s street art has highlighted hypocrisy over differing public reactions to similar means of artistic expression (Nottinghamshire Live, 2020). The question is why — if Banksy can draw on walls, why can’t other people write on them?

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Psychological identification seems to play a part (Simply Psychology, 2016). As a society we are programmed to conform to rules and fear the consequences of rule breaking. ‘Graffiti’ as a form of vandalism is rule breaking, and one which associate with negative connotations. Vandalism itself is defined by Contact Law on their website as “not a technical legal term, but instead a form of criminal damage perpetrated without the permission of the owner”. The website goes on to say if “graffiti as an art form is performed with the permission of the owner of the property…(it is) not an actionable criminal offence”. In other words, permission is fundamental to establishing legality. However, this concept only applies to privately owned property, with public property governed by a separate set of rules — The Criminal Damage Act, 1971 (Legislation, 2020) and The Anti-Social Behaviour Act, 2003 (Legislation, 2020).

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Under the laws set out in The Criminal Damage Act, 1971 “… anyone caught doing graffiti (to public property) can be arrested and prosecuted” (The Mix, 2020) while The Anti-Social Behaviour Act, 2003 empowers local councils to enforce this accordingly. Therefore the differential between public and privately owned property determines the legality of artwork placed on it and, in turn, contributes to its categorisation as either ‘graffiti’ or ‘street art’. In layman’s terms, permission to paint is key.

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But what other factors cause us to discriminate between ‘street art’ and ‘graffiti’? Answering that question involves looking at their differences.

On an urban level, graffiti is considered ‘street’ language (Discover Magazine, 2012), its purpose to be “a big part of how gangs tell their story and pick their turf”. This suggests it is culture orientated. Generally, the use of graffiti incorporates writing designed to be confrontational in content or style (Crime Prevention, 2017). A ‘tag’ is normally attached, a stylised signature affiliated to an individual or a ‘crew’, and one that masks the true identity of the artist. Graffiti artists are often indiscriminate in their choice of platform, and therefore regularly find themselves on the wrong side of the law. Often they produce their work under cover of darkness, adding to the unease surrounding their ‘non-conformism’ and contributing to graffiti’s negative social image as a whole.

Image credit: Sergi Viladesau on Unsplash

Street art, however, speaks to the masses, utilising image based art to make wide reaching social and political statements (Difference Between, 2019). Street artists are transparent, often working alone independently or on ‘commissioned’ projects to produce socially acceptable pieces of public art (Graffiti Kings, 2020). By selecting privately owned platforms to display their art, they also keep themselves well within the law. Street artists like to showcase their work and will often create with a public audience in situ. Publicity is a fundamental requirement and most street artists are quick to lay claim to work with their own signature. Consequently street art has a far more positive social image than its close relative, graffiti.

For the non-conformers in the ‘graffiti’ camp, a self-perpetuating cycle of illegal behaviour (Study.com, 2020) is fuelled by negative public perception. Conversely, the ‘street art’ conformers receive better ‘press’, have a more positive image and utilise the benefits that go with it.

Few street artists are better at doing this than Banksy.

The man himself, is a conundrum, straddling both the graffiti and street art camps; a savvy non-conformist working politically within the legalities of conformity. It is this character conundrum that enables him to project his voice to the masses without fear of political gagging (Infamous Banksy, 2020). And while Banksy has no ‘tag’ to conceal his identity, his continued anonymity serves to allure and intrigue, acting effectively as both a personal brand and artistic ‘signature’.

We all know a ‘Banksy’ when we see one.

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Banksy embodies contradiction, his ‘Hula Hoop Girl’ an example of street art defaced by graffiti. Two pieces of artwork on one canvas, one deemed legal, the other not (Nottinghamshire Live, 2020). And the canvas used, was it his to take? Was it offered up voluntarily or commandeered in the name of a worthy cause? Either way, the end result must be good for business. After all, who wouldn’t want a Banksy on their back wall?

So Banksy continues plying his street art, making public statements on private walls, while countless others graffiti their private statements on public walls.

And the question remains: why is drawing on walls OK, when writing on them is not?

That, I believe, is politics.

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References

Artnet.com. 2020. Banksy [online] Available at: http://www.artnet.com/artists/banksy/ [Accessed 21/10/20]

Contact Law. 2020. FAQs: Vandalism [online] Available at: http://fes01.contactlaw.net/faqs-vandalism.html#:~:text=Vandalism%20is%20a%20term%20used,the%20permission%20of%20the%20owner [Accessed 21/10/20]

DifferenceBetween.net. 2019. All About Street Art [online] Available at: http://www.differencebetween.net/miscellaneous/culture-miscellaneous/difference-between-graffiti-and-street-art/ [Accessed 20/10/20]

Discover Magazine. 2012 The Graffiti Code Breaker [online] Available at: https://www.discovermagazine.com/technology/the-graffiti-code-breaker [Accessed 22/10/20

Graffiti Kings. 2020. Professional Graffiti and Street Art Team [online] Available at: https://graffitikings.co.uk/ [Accessed 22/10/20]

Legislation.gov.uk. 2020. Criminal Damage Act 1971 [online] Available at: https://www.legislation.gov.uk/ukpga/1971/48/contents [Accessed 21/10/20]

Legislation.gov.uk. 2020. The Anti-Social Behaviour Act 2003 [online] Available at: https://www.legislation.gov.uk/ukpga/2003/38/contents [Accessed 21/10/20]

Nottinghamshire Live. 2020. Reaction after ‘Banksy’ protection is spray painted over [online] Available at: https://www.nottinghampost.com/news/local-news/vandalism-art-readers-react-after-4611387 [Accessed 21/10/20]

Simply Psychology. 2020. What is Conformity? [online] Available at: https://www.simplypsychology.org/conformity.html [Accessed 22/10/20]

Study.com. 2020. What is a self-perpetuating cycle? [online] Available at: https://study.com/academy/answer/what-is-a-self-perpetuating-cycle.html#:~:text=A%20self%2Dperpetuating%20cycle%20is,to%20continue%20built%20into... [Accessed 22/10/20]

The Crime Prevention Website. 2017. Graffiti [online] Available at: https://thecrimepreventionwebsite.com/garden-boundaries-fences-and-defensive-plants/681/graffiti/#:~:text=Graffiti%20takes%20many%20forms%20including,colourful%20and%20complex%20artistic%20creations. [Accessed 22/10/20]

Theguardian.com. 2020. Banksy confirms hula-hoop girl mural in Nottingham is his [online] Available at: https://www.theguardian.com/artanddesign/2020/oct/17/banksy-confirms-hula-hoop-girl-mural-in-nottingham-is-his [Accessed 21/10/20]

TheInfamousStreetArtistBanksy.com. 2020. What Is Banksy’s Purpose? [online] Available at: https://infamousstreetartistbanksy.weebly.com/whats- [Accessed 22/10/20]

The Mix. 2015 . Graffiti [online] Available at: https://www.themix.org.uk/crime-and-safety/in-trouble/graffiti-9130.html [Accessed 21/10/20]

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Tracey Ramsden
Clippings Autumn 2020

I am an aspiring writer on a journey of self discovery and development. My interests include the paranormal and tudor history and incorporating the two!