Aesthetic Influence as a Lobbying Tool: Ethical Issues

The development of aesthetic lobbying practices in the cultural sphere is a very important part of policy for modern Ukraine, both domestically and in terms of promoting our interests around the world.

This gives us a chance to preserve and showcase our culture, make friends abroad, and improve people’s quality of life. This path also helps strengthen Ukraine and uphold its independence and dignity.

The development of any relationship between people takes shape within a three-dimensional space of interaction—the rational-logical dimension (where truth is the basis for choice),  the sensory-emotional dimension (where beauty is the basis for choice), and the moral-ethical dimension (where goodness is the basis for choice). For the productive development of society, it is very important to avoid substitution and manipulation—so that subjective perceptions of truth, beauty, and goodness, which are always diverse, do not replace these very realities of our lives as a whole.

Lobbying is not merely a conversation between the government and interest groups based on a rationally reasoned dialogue. The participants in these relationships appeal not only to pragmatic interests but also to a sense of beauty. The use of aesthetics and art to encourage people to embrace new ideas and values acts as a lobbyist’s “soft weapon,” since “arguments of beauty”—even when they run counter to rational understanding—can change people’s attitudes toward important issues and shape society’s choices.

Politics and money operate directly and openly, while the influence of art, culture, and creativity is more subtle, as it stirs emotions, subtly affecting people’s minds and hearts. Beautiful images, captivating and intriguing stories, symbols, and signs lead society to view certain ideas as something important and natural—independent of the interests of any particular lobbyists. As a result, people embrace new values and changes without even thinking about their origins—this is how aesthetic influence becomes part of life and shapes our worldview.

Of course, in any society, the cultural sphere conveys necessary behavioral models, values, and norms. However, this influence is also a battleground of competing interests, so it is not always a good thing, as it has its moral limits, which we must always be aware of. Questions of honesty, justice, and personal choice always arise, and we must carefully consider what we accept—and how—through beauty and art.

The mediums through which aesthetic influence is exerted include cinema; television and streaming platforms; the music industry; theater and the performing arts; literature and publishing; design, fashion, and advertising; digital media, social media, the video game industry, and others. In these spheres, images are created that can influence public opinion far more effectively than traditional information campaigns.

For example, film is a very powerful and influential medium for promoting ideas and values. Among all the things created for people, movies hold a special place, because they draw people in not only with beautiful visuals, but also with emotions and compelling stories.

For example, back in the day, the movie “Top Gun” sparked greater interest in military service by portraying American pilots in a positive light, “Avatar” made viewers reflect on environmental issues because it portrayed them vividly and movingly, and “Amélie” has become a symbol of French culture, and now many people want to learn more about that country. Thanks to the Ukrainian films *Shadows of Forgotten Ancestors* and *The Guide*, the world has learned more about our history, culture, and the past of our people.

When we use artistic imagery as a means to an end, we face many ethical questions. Influencing people through emotions, colors, or vivid images can easily turn into manipulation or serve as a vehicle for hidden advertising or political propaganda.

This is facilitated by a shift in priorities during decision-making in the cultural industries and the covert promotion of the interests of individual players in the cultural industries. Such practices of unethical lobbying in Ukrainian culture lead to high-profile scandals. For example, the film community periodically accuses the State Film Agency of distributing funds in a non-transparent manner, favoring only a select circle of “insider” producers. A number of figures and activists believe that many films are supported not because it is important for the development of the arts, but because of the influence—hidden from the public—of a certain circle of people or organizations that promote their own projects, using their connections and acting solely for their own benefit.

What should you do in this situation?

Among the key principles on which decision-making processes in this field should be based, the following should be highlighted: 

• transparency and clarity regarding the sources of funding for cultural and artistic projects; 
• a clear distinction between art and political propaganda; 
• preventing the distortion or manipulation of history; 
• protecting cultural diversity and freedom of expression;
• an open, expert-led public dialogue;
• the social responsibility of those who create works of art for the way their work may affect people and society.

Nowadays, in order to act truthfully and honestly, those who engage in lobbying through art and culture must keep in mind not only the outcome but also the principles of goodness and responsibility.

The conditions for this have been created—an analysis of artistic and aesthetic campaigns in light of Ukraine’s Law “On Lobbying” demonstrates a fundamental shift in the rules of the game in this field. In particular, for the first time, a legal distinction has been made between commercial lobbying and non-commercial public advocacy.

The key criteria under the law are the beneficiary’s commercial interest and the receipt of compensation for influencing public officials. Articles 1 and 3 of the law clearly define the exceptions.  

Indeed, the legislation clearly states that the law does not apply to diplomatic missions or the representation of Ukraine’s interests on the international stage. These activities are funded by the state or donors and are therefore classified as cultural diplomacy, not lobbying. This also includes artistic protests against development projects that aim to protect public spaces and historical heritage. Since activists act in the interests of the community (the public good) without financial gain, such activities are classified as civic advocacy. They are exempt from the requirement to register with the NACP’s “Transparency Register.” The law explicitly excludes environmental monitoring, participation in public hearings, and environmental protection from its scope. Organizing exhibitions or film screenings to preserve forests remains a legal form of non-commercial advocacy.

Despite serving a socially beneficial purpose, some aesthetic tools may tread a fine line with the law if they are driven by a private interest in making a profit.  When a campaign is run solely by a nonprofit organization using donor funds, it is pure advocacy for the public interest; however, if manufacturers who stand to gain direct financial benefit have contributed to funding the displays, such a campaign already bears the hallmarks of the beneficiary’s commercial interest. In such a case, the organizers (or the designers involved) are required to register in the Transparency Registry as lobbyists; otherwise, they face substantial fines from the National Agency for Corruption Prevention.

Large businesses often use aesthetic means (such as sponsoring major art exhibitions or restoring theaters under their brand name) to establish informal contacts with top officials. Under the new rules, if, during the opening of such an exhibition, a business representative attempts to discuss changes to the tax or customs code with a minister or member of parliament “over coffee,” this is unequivocally considered lobbying. The company is required to report this meeting and the expenses for the event in its semi-annual report to the National Agency for Corruption Prevention.

Ukraine’s Law “On Lobbying” has compelled civil society and the business community to clearly declare the purpose and source of their funds. Aesthetic means (music, design, performances) remain the most powerful legal tool for influencing the government. The main change is that organizers must now clearly document that their visually appealing project protects trees or architecture in the interest of the community, rather than promoting the profits of a specific company under the guise of beauty.

Aesthetic influence is an integral part of modern lobbying. Its potential opens up new opportunities for the country’s development; however, the effectiveness of such influence must be based on the principles of transparency, ethics, accountability, and respect for every individual’s freedom of choice. It is under these conditions that culture becomes not only a means of communication but also an important factor in the development of democracy and the protection of public interests.

The Ukrainian National Lobbyists Association consistently supports the development of transparent and responsible lobbying as an important element of a democratic society. We are convinced that the cultural industries and aesthetic tools can serve as a powerful mechanism for promoting socially significant initiatives, developing culture, and strengthening civil society.

Viktor Shcherbina, Ph.D. in Sociology, Professor