Marighella’s delayed release shows censorship is alive and well in Brazil

There is a highly symbolic scene in Marighella, a Brazilian film that has only reached movie theatres now, even though it has been ready for release since 2019. An American agent (Charles Paraventi) praises Police Chief Lúcio (Bruno Gagliasso) for the inventiveness with which the revolutionary group Ação Libertadora Nacional (ALN) infiltrated radio stations, broadcasting a subversive message using only a tape recorder and circumventing the censorship. The sequence fulfils at least two functions: to reinforce the deep ties between the brutality of the Brazilian military dictatorship and North American imperialist interests; and reinforcing political and social resistance through creativity, a typically Brazilian trait often described as jeitinho or malandragem – a way of circumventing the bureaucratic norms.

I evoke this idea of trickery because it is at the centre of the imbroglio involving the release of Marighella, a political biopic of Carlos Marighella, a Brazilian Marxist-Leninist communist, politician and writer.

Marighella, born in 1911, was regularly in and out of jail between the 1930s and 1950s for criticising the Brazilian government as an active member of the Communist Party.

In 1966, he published The Brazilian Crisis, which argued for an armed struggle against Brazil’s military dictatorship which had been installed as a result of the 1964 coup in the country. Two years later, Marighella was expelled from the Communist Party and he went on to found the ALN, which became involved in robbing banks to finance guerilla warfare and the kidnapping of high profile individuals to win the release of political prisoners.

After the ALN’s involvement in the kidnapping of US Ambassador Charles Burke Elbrick, Marighella became a target. On 4 November 1969, he was ambushed by the police in São Paulo and shot dead.

The release of the biopic during the presidency of Jair Bolsonaro, an apologist of Latin American military dictatorships and nostalgic for the bloodthirsty Brazilian regime that acts as the de facto villain of the film, is timely.

Marighella was supposed to be released in early 2020 but Ancine, the government agency that works to promote national cinema in Brazil, withheld funding of R$1 million (roughly £134,000) for its distribution, alleging a problem in the accounts for another production by O2 Filmes, the film’s producer.

Celebrated actor Wagner Moura, who debuts here as the director, had no doubt that the film was censored.

“It was a time when Bolsonaro was talking about filtering and regulating Ancine,” Moura said at a press event about the movie.

Brazil hasn’t had a censorship department since the end of the military dictatorship, which ended with popular elections in the mid-1980s. The constitution that was enacted at that time was so influenced by the “years of lead” (as the times under the regime are known) that censorship was expressly prohibited by the law.

There are, of course, age rating systems and, with the justification of “protecting the innocence of children”, certain films, events or exhibitions are only released for certain ages, and/or with parents’ authorisation, very much alike the ratings systems in the US or the UK. That’s why, as long as it feels the need to comply with the Constitution, the current far-right Brazilian government needs to be at least as creative as the speeches it seeks to curb.

Hence Moura’s revolt, saying that there would be “veiled censorship”, different than what happened during the dictatorship, applied as a state policy.

“Today they infiltrate people in these agencies, and they make anything impossible to happen. That’s what they did with Marighella. They found a way to make the release impossible, from a bureaucratic point of view,” he said in an interview with Veja magazine.

Without this being state policy, made official by documents, it is difficult to say that there is de facto censorship. Carlos Marighella symbolises much of what the radical wing of the government despises, finding it absurd that public money is used to finance “non-aligned” works.

Bolsonaro himself has even threatened Ancine with extinction because the productions it finances are no longer “aligned” with the government. His government’s special secretary of culture, former actor Mário Frias has even tweeted a response to Moura’s statements: “Did you think I was going to get public funds for this pamphlet garbage?”

This type of declaration by a state representative helps to understand the Brazilian Government’s relationship with culture. Its origin lies in one of the ideological consequences of the end of the military dictatorship, in which some far-right intellectuals and disgraced military personnel came to the conclusion that the left had “won” the “cultural war”, infiltrating universities and fostering ideologically aligned artistic production .

This conclusion was, in part, a reaction to the establishment of the National Truth Commission, dedicated to revealing and documenting the crimes against humanity committed by the dictatorship, and the result of a bad reading (and also in bad faith, it should be said) of the theories of Antonio Gramsci, an Italian Marxist intellectual.

The rise and permanence of the extreme right in power, they think, would be conditioned to the dismantling of an apparatus of cultural incentive and promotion, developed over the years of redemocratisation. This explains the presence of someone like Frias in charge of culture and the use of jeitinho to impede the exhibition of “misaligned” films such as Marighella.

This institutional trickery, in this case at least, has backfired, since a work is not an isolated object of its historical context. Since release – without the benefit of government funding –  Marighella has become the most watched Brazilian production of the last two years, with 100,000 spectators in 300 theatres across the country. This is low in a historic context, as the screen quota which usually ensures that cinemas show a certain amount of locally produced content to counter the influx of foreign films is currently suspended while a new proposal, suggest by Brazil’s opposition parties, is considered.

Despite its success, the film has problems – from the annoying overacting to the lack of real interest in its main character – and it perhaps wouldn’t be so celebrated in another time. In Brazil at the end of 2021, with all the absurdities committed by action or inaction of the Bolsonaro government, Marighella has become the film to be seen.

How FOI laws are being rewritten during the Covid-19 crisis

[vc_row][vc_column][vc_column_text]Governments are using the Covid-19 crisis to change freedom of information laws and, unless we are very careful, important stories could get unreported. Since the beginning of the crisis, governments from Brazil to Scotland have made changes to their FOI laws; some of the changes are rooted in pragmatism at this unprecedented time; others may be inspired by more sinister motives.

FOI laws are a vital part of the toolkit of the free media and form a strong pillar that supports the functioning of open societies.

According to a 2019 report by Unesco – published some two and a half centuries after the first such law was introduced in Sweden – 126 countries around the world now have freedom of information laws. These typically allow journalists and the general public the right to request information relating to decisions made by public bodies and insight into administration of those public bodies.

US president Thomas Jefferson once wrote: “Whenever the people are well informed, they can be trusted with their own government; that whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights.”

Now in this time of crisis, freedom of information processes are being shut down, denied unless they relate specifically to the crisis or the deadlines for responses are being extended.

When the Covid-19 crisis first erupted, we made a decision to monitor attacks on media freedom. It wasn’t just a random idea; we know that in similar times of crisis, repressive governments often attack the work that journalists do – sometimes the journalists themselves – or introduce new legislation they have wanted to do for some time and now see a time of crisis as an opportunity to do so without proper scrutiny.

Since the start of the crisis, we have been collecting reports on attacks on media freedom through an innovative, interactive map. More than 125 incidents have been reported by our readers, our network of international correspondents, our staff in the UK and our partners at the Justice for Journalists Foundation. Many relate to changes to FOI legislation.

Let us be clear there can be legitimate reasons for amending legislation in times of international crisis. With many public officials forced to work from home, many do not have access to the information they need or the colleagues they need to consult to be able to answer journalists’ requests. Others need more time to be able to put together an informed response.

Yet both restrictions and delays are worrying. They allow politicians and public bodies to sweep information that should be freely available and subject to wider scrutiny under the carpet of coronavirus. News that is three months old is, very often, no longer news.

In its Coronavirus (Scotland) Bill, the Scottish government has agreed temporary changes to the Freedom of Information (Scotland) Act 2002 that extend the deadlines for getting response to information requests from 20 to 60 working days. The initial draft wording sought to allow some agencies to extend this deadline by a further 40 days “where an authority was not able to respond to a request due to the volume and complexity of the information request or the overall number of requests being dealt with by the authority”. However, this was removed during the reading of the bill following concerns raised by the Scottish information commissioner.

The bill was passed unanimously on 1 April and became law on 6 April. As it stands the new regulations remain in force until 30 September 2020 but can be extended twice by a further six months.

In Brazil, President Jair Bolsonaro has issued a provisional measure which means that the government no longer has to answer freedom of information requests within the usual deadline. Marcelo Träsel of the Brazilian Association of Investigative Journalism says the measure is “dangerous” as it gives scope for discretion in responding to requests.

The decree compelled 70 organisations to sign a statement requesting the government not to make the requested changes, saying “we will only win the pandemic with transparency”.

Romania and El Salvador are among the other countries which have stopped FOI requests or extended deadlines. By contrast, countries such as New Zealand have reocgnised the importance of FOI even in a crisis. The NZ minister of justice Andrew Little tweeted: “The Official Information Act remains important for holding power to account during this extraordinary time.”

FOI law changes are not the only trends we have noticed.

Index’s deputy editor Jemimah Steinfeld has noted how world leaders are ducking questions on coronavirus while editorial assistant Orna Herr has written about how the crisis is providing pretext for Indian prime minister Narendra Modi to increase attacks on the press and Muslims.

If you are a journalist facing unreasonable delays in receiving information from public bodies at this time, do report it to us at bit.ly/reportcorona.[/vc_column_text][/vc_column][/vc_row]

The leaders who are dodging questions on coronavirus – and how

[vc_row][vc_column][vc_single_image image=”113057″ img_size=”full” add_caption=”yes”][vc_column_text]Donald Trump tells a US reporter that her questioning is “horrid”, Jair Bolsonaro dismisses Covid-19 as a media conspiracy and the Spanish prime minister is petitioned by over 400 journalists to answer more questions. These incidents from leaders of the USA, Brazil and Spain are part of an emerging trend we are tracking on the Index on Censorship global map monitoring media freedom violations during the coronavirus pandemic. The map has been put together by our staff, our contributors and readers as well as our partners at the Justice for Journalists Foundation. 

Several leaders around the globe are finessing the art of question evasion during this critical time, as highlighted by the map. In fact, some leaders have gone as far as supporting this kind of behaviour with legislation. Brazil’s President Jair Bolsonaro has issued a provisional measure which means that the government no longer has to answer freedom of information requests within the usual deadline. Marcelo Träsel of the Brazilian Association of Investigative Journalism has called the measure “dangerous” as it gives scope for discretion in responding to requests.

The measure comes after weeks of Bolsonaro being questioned about his own health following a visit to the USA in which more than 20 people in his entourage tested positive for coronavirus after. When pressed on whether he too has it, he has made claims that he has had two negative tests, but refuses to show the results of either. To this day Brazilians don’t know whether he has the virus or not. Bolsonaro has also repeatedly dismissed coronavirus as “just a little flu”, “a bit of a cold” and as a media trick.

US President Trump has his own distraction technique when it comes to journalist questions – defensiveness and lashing out. Just this week, when asked about testing failures by Fox News reporter Kristen Fisher he responded: “You should say ‘congratulations, great job,’ instead of being so horrid in the way you ask a question.”

He’d employed similar words a few weeks earlier when NBC News journalist Peter Alexander asked: “What do you say to Americans, who are watching you right now, who are scared?”

“I say that you’re a terrible reporter. That’s what I say. I think it’s a very nasty question and I think it’s a very bad signal that you’re putting out to the American people,” he replied.

Another way of dodging the question is simply to deny coronavirus’ existence. Turkmenistan is excelling here. Reports have swirled around the internet that the word “coronavirus” is forbidden in Turkmenistan. Upon investigating, Index have not found sufficient evidence of this. What we have found evidence of though are credible reports that the virus is indeed in the country and has taken lives. A well-known writer from Turkmenistan has told Index that while the word coronavirus is not forbidden (and indeed is occasionally used by President Gurbanguly Berdymukhamedov himself on television), “the Turkmen government completely denies that coronavirus is present in the country”.

“At the same time, according to alternative information from the inside, in Turkmenistan, dozens of people die from the coronavirus daily since mid-March. However, everyone who dies of coronavirus gets another devised diagnosis, e.g. influenza, high blood pressure, food poisoning and so on,” he said.

This trend is deeply troubling. Knowing as much about a deadly, incredibly contagious virus that is spreading in your country is essential information. Journalists have every right to ask questions about it and should be receiving honest, accurate information in return. When these leaders withhold and barriers are put up, the situation is exacerbated and more people’s lives are put at risk.

Of course when it comes to some of the leaders and governments, their reluctance to engage with the media is nothing new. Bolsonaro has appeared on Facebook raging against journalists several times in the year he has been in power, while Trump has famously kicked media out of the room. But coronavirus has given a new lease of life to these tactics – with consequences that will become more devastating as the days pass.

Fortunately, there has been pushback. In Spain, politicians’ refusal to engage with media has led to an open letter being signed by over 400 Spanish journalists. They asked the government to revise the new policy which demands questions to be sent to the press secretary, who can chose to ask them, or not, thereby impacting journalists’ ability to hold power to account. And MEPs in Europe have said they will keep an eye on legislation that is being passed in EU member states in the name of coronavirus to ensure that it is proportionate, justified and doesn’t hamper human rights.

We hope these measures are effective at curtailing this trend. There is no good time to shut out and attack the media, not least during a global pandemic. In the meantime, we’ll continue to map.

If you know of any incidents of attacks against the media as a result of coronavirus, please report them to our map here.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][/vc_column][/vc_row]

In the name of liberty…

[vc_row][vc_column][vc_custom_heading text=”In the winter 2019 issue of Index on Censorship magazine, editor-in-chief Rachael Jolley argues that a new generation of democratic leaders is actively eroding essential freedoms, including free speech” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][vc_column_text]

Like brothers in arms, they revel in the same set of characteristics. They share them, and their favourite ways of using them, on social media.

From Orbán to Trump and from Bolsonaro to Johnson, national leaders who want to dismiss analysis with a personalised tweet, and never want to answer a direct question, have come to power – and are using power to silence us. They like to think of themselves as strongmen but what, in fact, they are doing is channelling the worst kind of machismo.

For toughness, read intolerance of disagreement. They are extremely uncomfortable with public criticism. They would rather hold a Facebook “press conference” where they are not pressed than one where reporters get to push them on details they would rather not address. Despite running countries, they try to pretend that those who hold them to account are the elite who the public should not trust.

While every generation has its “tough” leaders, what’s different about today’s is that they are everywhere, and learning, copying and sharing their measures with each other – aided, of course, by the internet, which is their ultimate best friend. And this is not just a phenomenon we are seeing on one continent. Right now these techniques are coming at us from all around the globe, as if one giant algorithm is showing them the way. And it’s not happening just in countries run by unelected dictators; democratically elected leaders are very firmly part of this boys’ club.

Here are some favoured techniques:

If you don’t like some media coverage, you look at ways of closing down or silencing that media outlet, and possibly others. Could a friend buy it? Could you bring in some legislation that shuts it out? How about making sure it loses its advertising? That is happening now. In Hungary, there are very few independent media outlets left, and the media that remain is pretty scared about what might happen to them. Hungarian journalists are moving to other countries to get the chance to write about the issues.

In China, President Xi Jinping has just increased the pressure on journalists who report for official outlets by insisting they take a knowledge test, which is very much like a loyalty test, before being given press cards.

Just today, as I sit here writing, I’ve switched on the radio to hear that the UK’s Conservative Party has made an official complaint to the TV watchdog over Channel 4’s coverage of the general election campaign (there was a debate last night on climate change where party leaders who didn’t turn up were replaced with giant blocks of ice). A party source told the Conservative-supporting Daily Telegraph newspaper: “If we are re-elected, we will have to review Channel 4’s public service broadcasting obligations. Any review would, of course, look at whether its remit should be better focused so it is serving the public in the best way possible.” In summary, they are saying they will close down the media that disagree with them.

This not very veiled threat is very much in line with the rhetoric from President Donald Trump in the USA and President Viktor Orbán in Hungary about the media knowing its place as more a subservient hat-tipping servant than a watchdog holding power to account. It’s also not so far from attitudes that are prevalent in Russia and China about the role of the media.
For those who might think that media freedom is a luxury, or doesn’t have much importance in their lives, I suggest they take a quick look at any country or point in history where media freedom was taken away, and then ask themselves: “Do I want to live there?”

Dictators know that control of the message underpins their power, and so does this generation of macho leaders. Getting the media “under control” is a high priority. Trump went on the offensive against journalists from the first minute he strode out on to the public stage. Brazil’s newish leader, President Jair Bolsonaro, knows it too. In fact, he got together with Trump on the steps of the White House to agree on a fightback against “fake news”, and we all should know what they mean right there. “Fake news” is news they don’t like and really would rather not hear.

New York Times deputy general counsel David McCraw told Index that this was “a very dark moment for press freedom worldwide”.

When the founders of the USA sat down to write the Constitution – that essential document of freedom, written because many of them had fled from countries where they were not allowed to speak, take certain jobs or practise their religion – they had in mind creating a country where freedom was protected. The First Amendment encapsulates the right to criticise the powerful, but now the country is led by someone who says, basically, he doesn’t support it. No wonder McCraw feels a deep sense of unease.

But when Trump’s team started to try to control media coverage, by not inviting the most critical media to press briefings, what was impressive was that American journalists from across the political spectrum spoke out for media freedom. When then White House press secretary Sean Spicer tried to stop journalists from The New York Times, The Guardian and CNN from attending some briefings, Bret Baier, a senior anchor with Fox News, spoke out. He said on Twitter: “Some at CNN & NYT stood w/FOX News when the Obama admin attacked us & tried 2 exclude us-a WH gaggle should be open to all credentialed orgs.”

The media stood up and criticised the attempt to allow only favoured outlets access, with many (including The Wall Street Journal, AP and Bloomberg) calling it out. What was impressive was that they were standing up for the principle of media freedom. The White House is likely to at least think carefully about similar moves when it realises it risks alienating its friendly media as well as its critics.

[/vc_column_text][vc_row_inner][vc_column_inner width=”1/4″][vc_icon icon_fontawesome=”fa fa-quote-left” color=”custom” size=”xl” align=”right” custom_color=”#dd3333″][/vc_column_inner][vc_column_inner width=”3/4″][vc_custom_heading text=”And that’s the lesson for media everywhere. Don’t let them divide and rule you” font_container=”tag:h3|text_align:left” google_fonts=”font_family:Libre%20Baskerville%3Aregular%2Citalic%2C700|font_style:400%20italic%3A400%3Aitalic”][/vc_column_inner][/vc_row_inner][vc_column_text]

And that’s the lesson for media everywhere. Don’t let them divide and rule you. If a newspaper that you think of as the opposition is not allowed access to a press briefing because the prime minister or the president doesn’t like it, you should be shouting about it just as hard as if it happened to you, because it is about the principle. If you don’t believe in the principle, in time they will come for you and no one will be there to speak out.

That’s the big point being made by Baier: it happened to us and people spoke up for us, so now I am doing the same. A seasoned Turkish journalist told me that one of the reasons the Turkish government led by President Recep Tayyip Erdogan was able to get away with restrictions on critical media early on, was because the liberal media hadn’t stood up for the principle in earlier years when conservative press outlets were being excluded or criticised.

Sadly, the UK media did not show many signs of standing united when, during this year’s general election campaign, the Daily Mirror, a Labour-supporting newspaper, was kicked off the Conservative Party’s campaign “battle bus”. The bus carries journalists and Prime Minister Boris Johnson around the country during the campaign. The Mirror, which has about 11 million readers, was the only newspaper not allowed to board the bus. When the Mirror’s political editor called on other media to boycott the bus, the reaction was muted. Conservative Party tacticians will have seen this as a success, given the lack of solidarity to this move by the rest of the media (unlike the US coverage of the White House incident).

The lesson here is to stand up for the principles of freedom and democracy all the time, not just when they affect you. If you don’t, they will be gone before you know it.

Rallying rhetoric is another tried and tested tactic. They use it to divide the public into “them and us”, and try to convert others to thinking they are “people like us”. If we, the public, think they are on our side, we are more likely to put the X in their ballot box. Trump and Orbán practise the “people like us” and “everyone else is our enemy” strategies with abandon. They rail against people they don’t like using words such as “traitor”.

Again in Hungary, people are put into the “outsiders” box if they are gay, women who haven’t had children or don’t conform to the ideas that the Orbán government stands for.

Dividing people into “them and us” has huge implications for our democracies. In separating people, we start to lose our empathy for people who are “other” and we potentially stop standing up for them when something happens. It creates divides that are useful for those in power to manipulate to their advantage.

The University of Birmingham’s Henriette van der Bloom recently co-published research pamphlet Crisis of Rhetoric: Renewing Political Speech and Speechwriting. She said: “I think there is a risk we are all putting ourselves and others into boxes, then we cannot really collaborate about improving our society. Some would say that is what is partly going on at the moment.” Looking forward, she saw one impact could be “a society in crisis, speeches are delivered, and people listen, but it becomes more and more polarising”.

But it’s not just the future, it’s today. We already see societies in crisis, with democratic values being threatened and eroded. This does not point to a rosy future. But there are some signs for optimism. In this issue, we also feature protesters who have campaigned and achieved significant change. In Romania, a mass weekly protest against a new law which would allow political corruption has ended with the government standing down; in Hungary, a new opposition mayor has been elected in Budapest.

Democracies need to remember that criticism and political opposition are an essential part of their success. We must hope they do.

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Rachael Jolley is editor-in-chief of Index on Censorship magazine. She tweets @londoninsider. This article is part of the latest edition of Index on Censorship magazine, with its special report on macho male leaders 

Index on Censorship’s winter 2019 issue is entitled The Big Noise: How macho leaders hide their weakness by stifling dissent, debate and democracy 

Look out for the new edition in bookshops, and don’t miss our Index on Censorship podcast, with special guests, on Soundcloud.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/3″][vc_custom_heading text=”How macho leaders hide their weakness by stifling dissent, debate and democracy” font_container=”tag:h3|text_align:left” link=”url:https%3A%2F%2Fwww.indexoncensorship.org%2F2019%2F12%2Fmagazine-big-noise-how-macho-leaders-hide-weakness%2F|||”][vc_column_text]The winter 2019 Index on Censorship magazine looks at how male leaders around the world are using masculinity against our freedoms[/vc_column_text][/vc_column][vc_column width=”1/3″][vc_row_inner][vc_column_inner][vc_single_image image=”111045″ img_size=”full” onclick=”custom_link” link=”https://www.indexoncensorship.org/2019/09/magazine-border-forces-how-barriers-to-free-thought-got-tough/”][/vc_column_inner][/vc_row_inner][/vc_column][vc_column width=”1/3″][vc_custom_heading text=”Subscribe” font_container=”tag:h3|text_align:left”][vc_row_inner][vc_column_inner][vc_column_text]In print, online. In your mailbox, on your iPad.

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