Freedom of Expression
Press Release 109/14
PRESS RELEASE
R 109/14
OFFICE OF THE
SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION PLEASED WITH RECENT RULING BY
BRAZIL’S SUPREME FEDERAL TRIBUNAL
Washington, D.C.,
September 29, 2014 – The Office of the Special Rapporteur for Freedom of
Expression of the Inter-American Commission on Human Rights (IACHR) expresses
its satisfaction at the recent ruling
on freedom of expression adopted by the highest court of justice in Brazil. The
ruling nullifies a precautionary measure prohibiting the publication of an
issue of the magazine IstoÉ. The
Office of the Special Rapporteur welcomes this exemplary ruling and commits to
publicizing it widely, pursuant to its mandate to promote freedom of expression
in the Americas.
According to the
information received, the ruling came in the context of a remedy sought by the
publisher of the magazine IstoÉ
against an injunction handed down by the Comarca de Fortaleza Court, in the
state of Ceará banning the publisher from distributing, selling, or publishing
any news on the governor of Ceará and a police investigation on money
laundering and tax evasion. The injunction ordered the publisher to be fined 5
million reals (about US$2 million) should it fail to comply. The publisher appealed
the ruling to the Supreme Federal Tribunal (STF).
On September 17,
2014, the STF suspended implementation of the lower court’s ruling. According
to the information received, the ruling took as its basis a judgment issued by
the same tribunal on April 30, 2009, finding that the 1967 Press Law was not
compatible with Brazil’s Federal Constitution and reiterated the prohibition of
prior censorship. This ruling has
been highlighted by the Office on of the Special Rapporteur on previous
occasions as an exemplary step forward on issues of freedom of expression. The
Office of the Special Rapporteur has also documented with concern in its annual reports
how courts have used prior restraints to block the circulation of information
that is in the public interest. On this issue, article 13.2 of the American
Convention on Human Rights states that the exercise of the right to freedom of
expression "shall not be subject to prior censorship but shall be subject to
subsequent imposition of liability."
In the recent
September 17 decision,
the court took into consideration that the information in question dealt with
the actions of a public official; that it was not being published with gross
negligence nor with the knowledge that it was false; and that although the
information had to do with a confidential investigation, the journalists who
received that information had not violated confidentiality requirements, as
such requirements apply only to those who leaked the information.
The Office of the
Special Rapporteur expresses its satisfaction at this ruling and believes it
represents a remarkable step forward in the protection and strengthening of
freedom of expression in the region.
The Office of the
Special Rapporteur for Freedom of Expression was created by the Inter-American
Commission on Human Rights (IACHR) to encourage the defense 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.