Tortured genius: The legality of injurious performance art

Abstract

In the 20th century, a distinct subset of performance art emerged in which the artist is deliberately physically injured as part of their performance. While such performances are now a settled type of artistic expression their legal status is unclear. This article examines the legality of such performances under the Australian criminal law. Focusing on common law principles, it compares injurious performance art to the legally recognised category of ‘dangerous exhibitions’ and ultimately argues that such performances will only be lawful if it can be clearly demonstrated that they have public utility.