Status: Partly Free
Legal Environment: 15 (of 30)
Political Environment: 16 (of 40)
Economic Environment: 11 (of 30)
Total Score: 42 (of 100)
(Lower scores = freer)
Despite important advances since the return of democracy in 1984, freedom of expression in Brazil continues to face significant obstacles. The 1988 Constitution stipulates that freedom of information is a fundamental right. However, several federal courts continue to use the 1967 law, which was passed during a military dictatorship, to prosecute journalists. During its sessions in December 2007, the Congress debated the possibility of scrapping the 1967 law.
Local courts continue to pose problems for the press through cases of prior censorship. Although many cases were overturned after they were appealed, these cases foster intimidation and self-censorship. João Henrique, mayor of city of Salvador in the state of Bahia, successfully petitioned a court to prevent the Metropole media network from mentioning his name. A few days later, an appeal court judge overturned the sentence. Political rivalry was suspected in this case considering that Metropole chairman Mário Ketész was former mayor and a political rival of Henrique. Local courts in the states of Sao Paulo and Santa Catarina also issued preventive censorship rulings. A Sao Paulo local court banned the weekly Folha de Vinhedo from publishing an interview in which Paulo Cabral, a former government official, denounced local officials and businessmen of corruption. A Santa Catarina local court banned the Gazeta de Joinville from mentioning the names of Joinville mayor Marco Tebaldi, his wife and Taiza Thomsen, a former Miss Brazil, after it referred to an alleged affair between the mayor and the former beauty queen. Also, a judge censored a news story produced by TV Record that implicated Armando Taves Filho, a mayor of Itaquaquecetuba (a city in the metropolitan area of Sao Paulo), in corruption and illicit enrichment.
In a country with huge social disparities, Brazil has made tremendous gains in terms of the expansion of Internet access. Several legal decisions, however, have raised issues about freedom of expression. Altino Machado, a former journalist for the leading dailies Folha de Sao Paulo and Estado do Sao Paulo, was forced to pay a fine for posting in his blog an image of a minor sitting on top the statue of local poet. The picture had been copied from the boy's webpage in a social network site. The minor's family has requested Machado to withdraw the picture. Another example that puts in evidence the complexities of freedom for expression in the Internet was the case of blogger Alcinéa Cavalcanti. More than 25 defamation lawsuits have been brought against Cavalcanti. Senator Jose Sarney, who felt personally offended for the content of several postings, was responsible for initiating the majority of the lawsuits. In December 2007, a court in the southern city of Porto Alegre forced journalist Vítor Vieira to withdraw content from an Internet site that compromised a state representative.
Sadly, 2007 was another year when Brazilian journalists were victims of physical attacks. In May, radio journalist Luiz Carlos Barbon Filho was murdered in Porto Ferreira. Barbon was locally known for his reports on corruption involving people close to the local government. He had received a national journalistic award for his work. One of Barbon's best-known investigations dealt with the involvement of local businessmen and city officials in a child prostitution ring. Also in May, it was reported that anchor Domingues Júnior from Rede TV Rondônia was attacked by unidentified individuals. Junior had denounced a money-for-votes scheme by the state government, and had received threats via email. In September, Amaury Ribeiro Jr., a reporter for Correio Brasiliense, was shot. Ribeiro was investigating organized crime in the outskirts of Brasília, Brazil's capital. Also in September, television reporter Ricardo Borges was attacked in the state of Paraná. Borges is known for reporting on controversial issues. In November, radio host João Alckmin was shot twice. Alckmin had reported on corruption in eastern São Paulo state, particularly the participation of the local police illegal gambling. He had suffered verbal intimidation for years and was the suspected target of an attack in July that wounded Rodrigo Duenhas, a lawyer who worked with Alckmin's wife. In addition, several instances of current and former governments officials verbally intimidating journalists were reported in the state of Bahia.
In addition, several cases of verbal intimidation were recorded. In January, the former secretary of communication Luiz Gushiken requested that the Federal Police investigate several reporters from leading news organizations. In his request, which was publicized by journalist Paulo Henrique Amorim in his blog, Gushiken accused reporters of corruption. In the past, Gushiken had been named in the investigation by the Ministerio Publico for improper financial management.
The basic structure of media ownership continues unchanged. The vast majority of broadcast, print, and internet media companies are privately owned by large conglomerates with diversified interests across industries. Globo Organizations, a large media conglomerate, continues to enjoy a dominant position, maintaining ownership of Brazil's primary television network, radio stations, print media, and cable television distribution. Also, close linkages between lawmakers and media ownership remain. This situation is particularly visible in the regions where state and federal representatives also own broadcasting licenses and newspapers. The combination of large media conglomerates and the collusion between media and political interests poses limitations for freedom of expression. Although some news outlets in the main cities continue to practice vigorous investigative journalism, the situation is different in the interior, where legal and physical threats feed a climate of intimidation. There are no restrictions on the internet, which is accessible to 22 percent of the population;
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