Ahead of the World Cup, Index on Censorship’s new policy paper Brazil: A new global internet referee? (PDF: [English] | [Portuguese]) explores the challenges and threats to online freedom of expression in the country.
In the wake of a global internet conference – Netmundial – and the signing of a groundbreaking domestic internet law – Marco Civil – Brazil has the potential to become an influential leader in digital rights. But that will depend on key choices and decisions taken in the coming weeks and months. Drawing on interviews with leading figures in Brazilian civil society, internet businesses, politicians and journalists conducted in Sao Paulo and Rio de Janeiro in February 2014, the paper analyses the country’s increasing profile in global internet governance debates and the consequences of its domestic internet policies.
“With the adoption of a progressive legislation on internet rights, Brazil is taking the lead in digital freedom” Index’s Senior Advocacy Officer and author of the paper, Melody Patry said.
“Digital technologies have provided new opportunities for freedom of expression in the country, but have also come with new attempts to regulate content and strong inequalities between those with and without access to the internet. Old problems like violence against journalists, media concentration and the influence of local political leaders over judges and other public agents persist.”
By the end of June 2013, more than 105 million people, 52% of the Brazilian population, had internet access at work, home, school or in cyber cafés. Brazilians are among the world’s top users of blogs and social networks. Considerable hopes are being placed on the new Marco Civil bill, which will provide a much-needed progressive legal framework for internet rights. The bill was signed into law on 23 April 2014, making Brazil the largest country in the world to enshrine net neutrality in its legal code. The law also includes stricter privacy standards to fight surveillance, and guarantees freedom of expression online. However, Brazil still faces considerable challenges in ensuring it can deliver on the promise of the new legislation.
“Brazil must now build on Marco Civil to ensure the respect of the right to freedom of expression online and offline, and promote internet rights in the international sphere”, Patry said.
In order for Brazil to provide a safe space for digital freedom and ensure the promise of Marco Civil is met in reality, Index on Censorship offers the following recommendations:
At the international level, Brazil should:
• Use its leadership to further promote a free and fair internet by continuing to publicly advocate for fundamental internet principles such as net neutrality, user privacy and freedom of expression in international forums
• Ensure that civil society organisations are deeply involved in the discussions and decision-making process on global internet governance, and that the outcome of international debates adequately reflect their recommendations
• Resist intervention by powerful lobby groups and governments to skew the outcome of multistakeholder gathering
• Refuse to adopt or sign up to repressive measures and/or international agreements favouring internet censorship, top-down approach of internet governance and tighter government control of the internet
At the domestic level, Brazil should:
• Reform defamation and privacy laws to ensure they are not used to prosecute journalists and citizens who express legitimate opinions in online debates, posts and discussions
• Provide proper training to the judiciary and law enforcement agencies on defamation and other freedom of expression-related issues
• Introduce clear guidelines regarding civil defamation lawsuits, especially in regard to the use of content takedown and the setting of indemnification amounts
• Ensure that all cases of killings and other forms of violence against media professionals and human rights defenders are effectively, promptly and independently investigated, and those responsible are held accountable
• Be more transparent about the ongoing work around privacy legislation, including the Data Protection Bill
• Pursue their efforts in promoting digital access and inclusion to all Brazilians by expanding the Digital Cities programme and stick to the target of ensuring 40 million households or 68% of the population are able to access broadband by the end of 2014 as part of the National Broadband Plan
An inter-religious meeting at the Maracanã stadium in Rio de Janeiro to mark the beginning of the Peace Cup campaign (Tomaz Silva/Brazil Agency)
A request to remove 16 videos from YouTube has sparked a broad debate on the limits of freedom of speech and religious expression in Brazil. According to the complaint by the National Association of African Media, filed to the Regional Prosecutor’s Office of Rio de Janeiro (MPF), the videos encourage intolerance and prejudice against religious practices of African origin (Candomblé and Umbanda). The videos were posted by the Igreja Universal do Reino de Deus (IURD), a Neo-Pentecostal church.
The federal prosecutors from the MPF asked Google Brazil to remove the videos. But Google refused, arguing that the material disclosed “would be nothing more than the manifestation of the religious freedom of the Brazilian people” and that the videos “did not violate the company’s policy”.
On 17 May, the issue was taken to the federal court in Rio de Janeiro. There, judge Eugenio Rosa de Araújo denied the request for the removal of the videos. “Its contents are manifestations of free expression of opinion,” he stated. He argued that “the African-Brazilian religious practices do not constitute a religion” because “the religious manifestations (African) do not contain necessary traits of a religion”. He stated that a religion needs to have traits such as a baseline text (“as the Bible or the Koran”), a hierarchical structure and one God to be worshiped.
Notably, the ruling has two parts: the first determines that the videos are to be kept online, and is based on the right to freedom of expression. In the second part of the sentence, the judge defines what religion is, and excludes religions with African-Brazilian origin from this scope.
The representative of the Commission Against Religious Intolerance, Ivanir dos Santos, accused the judge of encouraging prejudice. “He is an employee of a laic State and is submitted to the Brazilian constitution and laws. He violated the constitution and the law against the racial discrimination.”
Facing such strong reaction, the judge Eugenio de Araujo Rosa went back on his decision. In a statement, he admitted he made a mistake and revised his sentence. “The strong support of the media and civil society demonstrates unquestionably the belief in the worship of such religions,” he said, referring to African-Brazilian beliefs.
But the original position of the judge is still causing reactions. The Order of Lawyers of Brazil repudiated the ruling, while the MPF has filed an appeal, arguing that “the decision mistreats the awareness, the honour and the dignity of millions of Brazilians who recognise themselves in these religions”. Protests by African-Brazilian culture organisations were held in at least seven cities. Leaders of all Brazilian beliefs gathered at Maracanã Stadium, calling for more peace and religious tolerance.
In addition, representatives from the MPF will file a lawsuit to the Superior Court of Justice (STJ), one of the highest organisations in the Brazilian judiciary system, against Judge Eugênio Rosa de Araújo. “Our intention is to remove the videos. It is not about freedom of expression, but about the spread of hatred,” said Santos.
On 28 May, the Federal Regional Court (TRF) received a petition with 1,000 signatures, demanding the removal of the videos. The petition was organised by the Commission Against Religious Intolerance and the National Association of African Media. The representatives of the afro culture argue the court’s decision to keep the videos on the internet violates the Universal Declaration of Human Rights, Article 129 of the Brazilian Constitution, and the Statute of Racial Equality (Law 12.288/2010). The statute stipulates that the government must protect the communities of African origin from hateful content in the media. The law forbids “the use of the media to disseminate images and contents that expose a person or group to hatred or contempt on the grounds of religion with African roots”.
FuA national demonstration against prejudice towards African-Brazilian religions has been scheduled. The event is organised by various associations for the defence of black culture, with the support of the Order of Lawyers of Brazil, the National Council of Justice (CNJ), the Human Rights Commission of Congress national and the Organization of American States (OAS). In congress, the Parliamentary Front in Defence of “Traditional Peoples of Terreiro” was created, aiming to institutionalise the defence of religions of African origin. The bloc will be a counterpoint to the Evangelical Parliamentary Front, which brings together 77 congressmen who form the base of support for the government of Dilma Rousseff.
“The theme is of utmost importance, because [it] involves guarantees which the constitution itself assures. I hope that it resolves itself quickly,” the President of the Federal Court, Sérgio Schwaitzer, told the Jornal do Brasil.
According Edson Santos, the deputy of PT (Workers Party) and former minister of racial equality, the judge encouraged the prejudice against African-Brazilian sects. He argued that the magistrate will be denounced at the National Council of Justice. “The decision was absurd and deeply regrettable, because it hurts the constitution”, he told to the newspaper Folha de S. Paulo.
“This conflict of law is challenging and raises questions about the limits of freedom of expression,” said Professor of Philosophy of Law José Rodrigo Rodriguez, of Law School of São Paulo from the Fundação Getúlio Vargas. Analysing the topic in an article, he argues that “one can say, without fear of any excess, that the decision has a clear discriminatory effect, despite the certainly good intention of the judge”.
The Brazilian press is “partially free”, according a study made by Freedom House published on 1 May. The study considered the deaths of three journalists in 2013, the attacks on the work of the press in June’s protests, the lawsuits against bloggers and internet companies and a large number of government requests to remove online content. Brazil scored a 45 — on a scale of zero to one hundred, zero being the best scenario.
The attacks and violence are only one side of the threats to press freedom in Brazil. Communication monopolies standardise the views and concentrate the budget and the audience. The leader is Globo Network, which owns more than half of the television advertising market. The concentration of the media and the intimacy of their owners with powerful politicians is identified by Freedom House as “one of the biggest obstacles to media diversity in Brazil”.
Televisions and radios are government grants, and although the law prohibits monopoly, this is a game of power advantageous for both businesses and the government. There are also congressmen who own or control media. Both sides reinforce each other, forming lobbies to protect their fiefdoms’s of versions and truths. Any proposal on communication democratization or regulation is shouted down by these lobbies as an attack on freedom of expression or an attempt at censorship. The Brazilian Telecommunications Code is 50 years old and a target of campaigns of freedom of expression entities.
However, there is not a declared censorship. All the guarantees of freedom of press and information are established in the Constitution and in various laws. What happens is that press freedom in Brazil is fundamentally compromised by political and state interests and private sponsorships, which finance the media. Thus, it is not a lack freedom, but a lack of autonomy.
Since June 2013, hundreds of protests have been shaking Brazil. During many of them, protesters burned cars belonging to the press. What does this mean? The level of dissatisfaction and resentment is palpable. There’s a heartache that turned against “everything-that-is-there”, including how the media covers the facts. The roles of the press and government is being questioned in the streets. Nevertheless, the sound of these voices is muffled in the media.
With the FIFA World Cup, the exacerbated patriotism and the green and yellow colors have taken control over television commercials, selling an artificial enthusiasm. Advertisers such as private banks, state companies, operators of credit cards, the soft drink industry, beers and cars have invested over £350 million for ads on only one station–Rede Globo, the country’s largest. Each advertiser is spending £1.4 million on advertising per day, the equivalent to a daily Super Bowl.
The largest communication network in Brazil has exclusive rights to broadcast the matches and has the official sponsorship of FIFA. Throughout the day, and especially between 8:30PM and 10PM –“the Brazilian primetime TV” –viewers see an exciting commercial film seeking to promote the acceptance of the FIFA World Cup. With the slogan “Somos um só” (“We are all one”), the advertisement shows how television “has the magic to put the entire country on the same vibe”.
The numbers are even more exciting. Only 30 seconds of a primetime ad cost £168,000. There is still the merchandising: the company is the only one licensed to sell FIFA products. About 1,700 items should yield £534 million to the broadcaster. Such numbers do not harmonise with autonomy of content.
Dozens of federal government announcements are also aired on television. One, for example, announces a rich country, with full employment and a promising future. A country with no inflation, social problems or misery-−”A rich country is a country without poverty”, says the slogan, ignoring the economic crisis, electric blackouts, water shortages and strikes. Petrobras ads claim a solid company, with smiling workers, while in practice the company applies a plan of voluntary dismissals and responds to an investigation into allegations of kickbacks.
With an expenditure of £614 million for ads, the federal government was the fourth largest advertiser in media last year; 65% of the total was invested in TV, according to the Department of Communication of the Presidency. The agenda is to suppress the resentment of the people with a shower of advertising. “We love football and are proud to organize the Cup of the Cups. Therefore, all who come to Brazil will be welcomed and will know a multicultural country, with happy and hardworking people”, said President Dilma Rousseff.
Despite the inundation of propaganda, a survey conducted by the Senate in late April found that 76% of the respondents consider that the expenditure on stadiums are larger than necessary; 86% believe that public funds earmarked for the event would have better use in other areas such as health, education and public safety. 42% of the respondents approve of the event, while 40% disapprove – a technical draw. The margin of sampling error is 3.5 percentage points, plus or minus. The research was not even mentioned in the press.
It can be said that freedom of the press in Brazil at this time is restricted. To talk about protests against the World Cup, a journalist must assume a mild tone to avoid displeasing sponsors. Journalists must also prevent the increasing antipathy to the World Cup, which would bring monumental financial losses. The possibility of withdrawn sponsorships generates a cold feeling for the broadcasters and FIFA.
The ball of Brazil is already rolling and it remains unclear what the outcome of this game will be. In the run up to the opening of the World Cup, workers strikes and protests are on the increase in the country. Journalists do not know what people want, but they listen to experts, the police, and the rulers.
Is the Brazilian press partial in the officialism that privileges the voices of the government and the market in exchange for financial benefits, affable policy and high profits?
