Brazilian football club director held before trial for journalist’s killing

A judge from the Brazilian State of Goiás has ruled that a football club director allegedly linked to the killing of a sports journalist must remain in prison while he awaits trial.

Radio presenter Valério Luiz de Oliveira was gunned down at the front door of 820 AM radio station in the state capital Goiânia on 5 July 2012.

Businessman Maurício Borges Sampaio, who acted as Atlético Clube Goianiense’s vice-president up to 10 days before Oliveira’s murder, was arrested in February this year accused of having ordered the killing. He denies having any link to the crime.

Days before being killed, Oliveira went on air to strongly denounce Atlético’s management for the team, after poor results on the pitch led to the club’s relegation to the second tier of the Brazilian league later that year .

Among other statements, the presenter compared Atlético’s directors to “rats” that abandon a ship before it sinks .

In a testimony given to the Police, Sampaio admitted signing a document that barred Oliveira’s radio staff from the club’s premises. The former director also claimed the radio presenter had already being banned from Goiás and Vila Nova, two other football clubs in Goiânia.

Three other people accused of acting in the journalist’s killing are also being held in prison.

Brazil’s politician pile on pressure to remove “offensive” web content

Brazil has been caught up in a fresh controversy over attempts to curb online criticism of politicians. This time, the main players are tech giant Google and the Chamber of Deputies, the lower house in the country’s congress. Brazil is already one of the world’s leaders in online content removal.

In early March, the Chamber of Deputies’ Attorney General, Cláudio Cajado, contacted Google in order to request the removal of online videos and content hosted by the company, for being offensive to deputies.

Cajado, a Democratas Party representative from the state of Bahia, denies that his requests were attempts to restrict freedom of expression, and claimed that he only wanted to speed up the processes that, when left to the Justice, could take months — or even years to be solved.

According to Cajado’s office, Google has responded to his requests by being very “thoughtful” in explaining its policies on content removal.

The Attorney General’s office says it receives an average of two complaints per month by the deputies, mainly because of videos uploaded on YouTube, or posts published on its Blogger platform.

The Chamber of Deputies’ Attorney General is responsible for defending the deputies’ honour and the House’s image.

“We seek a partnership [with Google] to set up actions and attitudes, without creating any kind of erosion [of the House’s image] or harsh consequences”, said Cajado to the Chamber of Deputies’ website.

He cited the case of federal deputy and former Rio de Janeiro governor and presidential candidate Anthony Garotinho, who filed a lawsuit against Google demanding the removal of 11 YouTube videos during the 2010 electoral campaign.

“We have to count on Google executives’ good will and on their comprehension over the importance of measures like this to our country’s life and our democracy,” said Cajado.

As he took office as the Chamber’s Attorney General in early March, Cajado also said he planned to ensure that deputies had enough media time to reply to criticism, and plans to do the same online.

All complaints brought by deputies to the Attorney General are analysed by his office’s legal team, to ensure that cases that can lead to actual lawsuits are taken forward.

The most common cases of online attacks brought to the Attorney General’s office are related to slander and — more seriously — crimes against honour, which is a punishable offence according to Brazil’s law.

When it comes to the Brazilian judiciary, rulings about the internet can be very diverse and — sometimes — illogical.

In September 2012, a judge from the state of Mato Grosso do Sul ordered the arrest of Fabio Coelho, Google’s top executive in Brazil, after videos deemed offensive to a mayoral candidate were uploaded to YouTube. When the posts were not immediately deleted, Brazil’s federal police temporarily detained Coelho.

While the Superior Court of Justice has already ruled that internet providers are not obliged to pay reparations to users because of offensive content, the Supreme Court is about to judge if internet companies should supervise information that is published.

This is related to an appeal by Google after the State Justice of Minas Gerais, Brazil’s second most populous state, ordered the company to pay BRL 10,000 (around USD $5,000) to an offended user, and to remove content from Orkut, Google’s social network.

The Attorney General’s new initiative has already worried a few of his fellow deputies.

“The Parliament’s best defence is a transparent behaviour, one that seeks the public interest. And anyone that feels injured or vilified can always go to the Justice and seek reparation. I believe the Attorney General should have other priorities.” says Chico Alencar, a Rio de Janeiro representative for the Socialism and Freedom Party, PSOL.

Alencar also fears that these actions taken along with Google could worsen politicians already tarnished public image.

“Public opinion would consider this as censorship and a privilege for people that already have many other privileges. We should learn how to reply to websites by creating another websites and, if that’s the case, asking those who offend us for the right to reply. That would be enough.”

Editor’s note: Google is a funder of Index on Censorship

Brazil’s politician pile on pressure to remove “offensive” web content

Brazil has been caught up in a fresh controversy over attempts to curb online criticism of politicians. This time, the main players are tech giant Google and the Chamber of Deputies, the lower house in the country’s congress. Brazil is already one of the world’s leaders in online content removal.

In early March, the Chamber of Deputies’ Attorney General, Cláudio Cajado, contacted Google in order to request the removal of online videos and content hosted by the company, for being offensive to deputies.

Cajado, a Democratas Party representative from the state of Bahia, denies that his requests were attempts to restrict freedom of expression, and claimed that he only wanted to speed up the processes that, when left to the Justice, could take months — or even years to be solved.

According to Cajado’s office, Google has responded to his requests by being very “thoughtful” in explaining its policies on content removal.

The Attorney General’s office says it receives an average of two complaints per month by the deputies, mainly because of videos uploaded on YouTube, or posts published on its Blogger platform.

The Chamber of Deputies’ Attorney General is responsible for defending the deputies’ honour and the House’s image.

“We seek a partnership [with Google] to set up actions and attitudes, without creating any kind of erosion [of the House’s image] or harsh consequences”, said Cajado to the Chamber of Deputies’ website.

He cited the case of federal deputy and former Rio de Janeiro governor and presidential candidate Anthony Garotinho, who filed a lawsuit against Google demanding the removal of 11 YouTube videos during the 2010 electoral campaign.

“We have to count on Google executives’ good will and on their comprehension over the importance of measures like this to our country’s life and our democracy,” said Cajado.

As he took office as the Chamber’s Attorney General in early March, Cajado also said he planned to ensure that deputies had enough media time to reply to criticism, and plans to do the same online.

All complaints brought by deputies to the Attorney General are analysed by his office’s legal team, to ensure that cases that can lead to actual lawsuits are taken forward.

The most common cases of online attacks brought to the Attorney General’s office are related to slander and — more seriously — crimes against honour, which is a punishable offence according to Brazil’s law.

When it comes to the Brazilian judiciary, rulings about the internet can be very diverse and — sometimes — illogical.

In September 2012, a judge from the state of Mato Grosso do Sul ordered the arrest of Fabio Coelho, Google’s top executive in Brazil, after videos deemed offensive to a mayoral candidate were uploaded to YouTube. When the posts were not immediately deleted, Brazil’s federal police temporarily detained Coelho.

While the Superior Court of Justice has already ruled that internet providers are not obliged to pay reparations to users because of offensive content, the Supreme Court is about to judge if internet companies should supervise information that is published.

This is related to an appeal by Google after the State Justice of Minas Gerais, Brazil’s second most populous state, ordered the company to pay BRL 10,000 (around USD $5,000) to an offended user, and to remove content from Orkut, Google’s social network.

The Attorney General’s new initiative has already worried a few of his fellow deputies.

“The Parliament’s best defence is a transparent behaviour, one that seeks the public interest. And anyone that feels injured or vilified can always go to the Justice and seek reparation. I believe the Attorney General should have other priorities.” says Chico Alencar, a Rio de Janeiro representative for the Socialism and Freedom Party, PSOL.

Alencar also fears that these actions taken along with Google could worsen politicians already tarnished public image.

“Public opinion would consider this as censorship and a privilege for people that already have many other privileges. We should learn how to reply to websites by creating another websites and, if that’s the case, asking those who offend us for the right to reply. That would be enough.”

Editor’s note: Google is a funder of Index on Censorship

Brazilian indians go online to demand their rights are protected

Brazil’s indigenous peoples are increasingly using the internet to fight for their rights, says Rafael Spuldar

Alberto Cesar Araujo - Demotix

Brazil’s indigenous population have gone online to campaign against social injustice in their community – Alberto Cesar Araujo/Demotix

Despite their poor economic and living conditions, Brazil’s indigenous peoples are increasingly using the internet to make their struggle for rights known to the world.

Historically, native Brazilians have been deprived of proper citizenship, first by slavery and the loss of their homeland in the 16th century and, after that, by prejudice, impoverishment, the loss of cultural traces and the disappearance of entire populations. But, the emergence of the internet has allowed Brazilian Indians access to a new era of free speech and civil activity.

One example of their fight to be heard is the campaign against the Draft Constitutional Amendment #215, currently being debated in the Chamber of Deputies. If the amendment passes, it would remove the Federal Government’s power to delimit indigenous lands and pass it to Congress.

Indigenous leaders fear this would strengthen landowners’ powers, who already have a strong lobbying position in Congress and would likely do their best to inhibit the creation of new reservations.

An online petition against the amendment has gathered more than 27,000 signatures.

Their cause also attracted huge support through social media late last year. Facebook users showed support to the Guarani and Kaiowá peoples by adding “Guarani-Kaiowá” to their profile name. The 45,000-strong group perpetually struggle to protect their ancestral province from land-grabbing farmers in the state of Mato Grosso do Sul.

In January 2013, however, Facebook ordered the additional names be removed, reminding users that they were forbidden from adopting fake names on their accounts.

Access to justice

Considered to be one of the main platforms for indigenous discussion, the Índios Online website is maintained by indian peoples from the states of Alagoas, Bahia, Roraima and Pernambuco.

Supported by the Ministry of Culture and Thydewá, an organisation protecting the rights of indigenous peoples, Índios Online allows “offline” Native Brazilians from all over the country to voice their needs and interact with other users.

According to the president of Thydewá, Sebastián Gerlic, those who feel their interests have been threatened by the website often approach the Justice system to censor its content — particularly regarding videos produced and uploaded by the indians.

Ingigenous Brazilian Potyra Tê Tupinambá ended up in court for her film documenting land reposession in an indigenous reservation in the northeastern state of Bahia. The ongoing lawsuit was taken out by a land owner interviewed on camera. It was a testimony, according to Gerlic, given spontaneously and with no animosity.

“The farmer accused Potyra of transmitting his image on the internet without his permission, and now he looks for reparation,” says the president of Thydewá, who took reponsibility for the director’s legal defence.

The internet was also a strong ally in the indigenous peoples’ struggle against the looting of the natural resources on their reservations. In mid-2011, the Ashaninka people used a solar-powered computer to denounce the invasion of their land by Peruvian woodcutters. This information was passed to authorities in federal capital Brasília, who sent a task force formed by the Federal Police and the Brazilian Army to arrest the invaders.

The Ashaninkas also addressed chief justice of the Supreme Court Joaquim Barbosa in an online petition, urging the Supreme Court to address the problem of tree cutting in their native territory. They demanded financial reparation for the lumbering activities that could reach 15,000,000 BRL (around 30,000,000 USD). 

Limited access

Indians usually access the internet through centres maintained by Funai, Brazil’s National Indian Foundation or in LAN (local area network) houses, schools or in private homes. Funai does not have any digital inclusion programme specifically for the indigenous peoples – this responsibility goes to the Ministry of Culture. Through its programme called “Points of Culture”, the Ministry invested more than 1,300,000 BRL (about £447,000) on installing internet connections inside the Indian communities.

Despite public investments, online access has grown far less in indigenous communities than in poorer urban areas. According to a survey led by Rio de Janeiro State’s Secretary of Culture, in partnership with NGO Observatório das Favelas (“Slum Observatory”), 9 out of 10 people living in low-income areas in Rio have internet access.

Brazil has a population of 896,917 indigenous people divided in 230 different ethnic groups, according to the last Brazilian Census from 2010. This represents around 0.47 per cent of the country’s population.

Amongst this populus, access to employment is a problem. According to the last Census, 83 per cent of adult Brazilian indians earn no more than minimum wage (678 BRL a month, about £233) and 52.9 per cent of them don’t have any income at all.

According to the Indigenous Missionary Counsel, an organisation aiding native Brazilian peoples, at least 200 indians have been killed in Brazil in the last decade, mainly because of land disputes.