There is no censorship, says Barroso about the press – 11/30/2023 – Power

The president of the STF (Supreme Federal Court), Luís Roberto Barroso, said this Thursday (30) that the court did not take any decision restricting freedom of expression.

The statement was made one day after the court approved a thesis providing for the possibility of civil liability for journalistic companies that publish interviews that falsely attribute crimes to third parties.

Barroso said that the Supreme Court reaffirms its commitment to freedom of expression, “which, however, is not the only value that must prevail in a civilized society”

“If there is no censorship under any circumstances, any and all people, including legal entities, may eventually be held responsible for intentional behavior due to bad faith or serious negligence”, he stated.

The president of the STF added that the court considers that freedom of expression is essential for democracy and reiterated the express prohibition of any type of prior censorship of the press.

“The press is one of the foundations of democracy and has one of its main guardians here in the Supreme Court. We have received dozens of complaints to ensure freedom of the press and freedom of expression.”

Barroso said that the Supreme Court reiterates its jurisprudence and establishes, as a general rule, that a media outlet is not liable for a statement made by an interviewee, “unless it has acted with intent, bad faith or serious negligence, which is obviously a criterion for liability everywhere in the world.”

“The press continues to have the STF as a partner. We managed to make democracy prevail in the midst of many attacks, and I think that the Supreme Court, civil society and the press played a decisive role in this. We trust and support the professional press now and always “, he stated.

According to the ministers’ understanding, the new thesis would be valid when concrete evidence that the statements are lies are considered. Press entities expressed concern about the approval and demanded clarification from the STF.

The text approved by the Supreme Court says that “full constitutional protection for freedom of the press is enshrined in the binomial freedom with responsibility, prohibiting any type of prior censorship, but admitting the possibility of subsequent analysis and accountability.”

The thesis was prepared by minister Alexandre de Moraes, with changes proposed by Luís Roberto Barroso, Cármen Lúcia and Cristiano Zanin.

This liability, which may include removal of content, would be for “information proven to be insulting, defamatory, slanderous, lying, and in relation to possible material and moral damages”.

“In the event of publication of an interview in which the interviewee falsely imputes the commission of a crime to a third party, the journalistic company may only be held civilly liable if: (i) at the time of publication, there was concrete evidence that the imputation was false; and (ii) the vehicle failed to observe the duty of care in verifying the veracity of the facts and in disclosing the existence of such evidence”, says the thesis approved by the Supreme Court.