Freedom of Expression
Press Release R164/19
Experts on freedom of expression of the
UN and the IACHR express their concern over death threats against journalist
Glenn Greenwald, director of The Intercept Brasil, and his family
July 1, 2019
WASHINGTON, D.C.: The
Special Rapporteur for Freedom of Expression of the Inter-American Commission
on Human Rights (IACHR), Edison Lanza, and the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression,
David Kaye, express their concern over the threats, offensive remarks made by
authorities and the intimidation against journalist Glenn Greenwald, from the news
agency The Intercept Brasil, and his
family, after the dissemination of information and press reports of public
interest.
The Special
Rapporteurs urge the State of Brazil to conduct an exhaustive, effective, and
impartial investigation on the threats against the journalist and his family.
Likewise, they remind Brazilian authorities of their obligation to prevent
unlawful acts, protect journalists at risk, and guarantee the right to confidentiality
of sources.
According to public
information, on June 9, The Intercept
Brasil started publishing a series of leaks denouncing alleged
irregularities in the so-called "Anti-Corruption Operation Car Wash."
Immediately after
the disclosure, journalist Glenn Greenwald became the target of offensive
remarks, defamation, and death threats. Likewise, accompanied by the hashtag
"#DeportaGreenwald" ("deport Greenwald," in Portuguese), a coordinated
harassment campaign against the journalist went viral. In addition, the
campaign also targeted the media outlet of which Mr. Greenwald is the founder
and editor, as well as his husband, Federal Congressman David Miranda, and the
couple’s children.
Public authorities
pointed at the alleged illegal nature of the leaked material received by The Intercept Brasil from an anonymous
source in order to discredit or restrict freedom of the press.
Furthermore, federal
representatives defended the possibility of summoning Glenn Greenwald to the
Chamber of Deputies, and accused him of complicity due to "advocacy journalism
practices through a criminal act, which (makes him) an accomplice." The legislators
indicated that the journalist was an agent allegedly confronting Brazilian
institutions and authorities and "committing crimes against national security,"
implying that he could be criminally charged or deported from the country.
The Special Rapporteurs have also documented
social media posts by a federal legislator, who uploaded a picture of Mr.
Greenwald on Facebook accompanied with the caption "Enemy of Brazil." On the
post, the journalist’s husband was also allegedly involved.
On June 17, through
a press release, Miranda disclosed a series of threats against him and his
children. In addition, he indicated that he had already filed a complaint at
the Brazilian Federal Police due to the growing number of attacks against him
after his husband had published the leaked material.
Also, the IACHR Office of the Special
Rapporteur takes note of the information provided by the State of Brazil before
issuing this communication, which indicated that the journalist can activate
the "Protection Program for Human Rights Defenders, Social Communicators
and Environmentalists" (PPDDH, for its acronym in Portuguese), which since
September 2018 expanded its scope of action to include journalists and
communicators.
On multiple
occasions, the Special Rapporteurs highlighted the media’s crucial role for democracy,
especially in the case of active investigative journalism. Consequently,
journalists investigating corruption cases or improper conduct by public
authorities should not be targeted for judicial harassment or any other type of
harassment in retaliation for their work. The United Nations
Human Rights Committee reaffirmed that attacks against people exercising their
right to freedom of expression are not in line with Article 19 of the International
Covenant on Civil and Political Rights under any circumstances.
In this sense, OAS Member States reaffirmed that "journalistic activity
must be free from threats, physical or psychological attacks, or other acts of
harassment," and urged the implementation of comprehensive measures for
the prevention, protection, and procurement of justice in this area (Resolution
AG/RES. 2908 (XLVII-O/17), approved by the OAS General Assembly, in the
framework of its 47th Regular Period of Sessions.
The Special Rapporteurs
remind the Brazilian State that it has an obligation to prevent, protect,
investigate, and punish violence against journalists, particularly those who
have been subjected to harassment and threats or other acts of violence. The
obligation to prevent entails, among other things, the duty to adopt a public
discourse that contributes to preventing violence against journalists, which
"requires that public officials refrain from making statements that expose
journalists and media workers to a greater risk of acts of violence."
Furthermore, the Office of the Special Rapporteur of the UN indicated
that "The State shall insure the physical and psychological integrity of
journalists."
In the same way, the
protection of journalistic sources constitutes a principle that is part of the
right to freedom of expression, given its inestimable value in providing
society with access to public interest information, which would hardly be
disclosed without this protection. According to Principle 8 of the Declaration of
Principles on Freedom of Expression of the IACHR, "Every social communicator
has the right to keep his/her source of information, notes, personal and
professional archives confidential." Likewise, at the international
level, the sources’ confidentiality stems from the guarantees of the right to
seek, receive, and impart information, which is enshrined in Article 19 of the
International Covenant on Civil and Political Rights.
Mr.
David Kaye (USA) was
appointed as Special
Rapporteur on the promotion and protection of the right to freedom of opinion
and expression in
August 2014 by the United Nations Human Rights Council.
The
Special Rapporteurs are part of what is known as the Special Procedures of the Human
Rights Council. Special Procedures, the largest body of independent experts in
the UN Human Rights system, is the general name of the Council’s independent
fact-finding and monitoring mechanisms. Special Procedures mandate-holders are
independent human rights experts appointed by the Human Rights Council to
address either specific country situations or thematic issues in all parts of the
world. They are not UN staff and are independent from any government or
organization. They serve in their individual capacity and do not receive a
salary for their work.
Mr.
Edison Lanza (Uruguay) was
appointed as Special Rapporteur for Freedom of Expression in July 2014 by the
Inter-American Commission on Human Rights.
The Office
of the Special Rapporteur for Freedom of Expression was created by the IACHR to encourage the
defence of the right to freedom of thought and expression in the hemisphere,
given the fundamental role this right plays in consolidating and developing the
democratic system.