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Procuradora-Geral Maria de Paiva Ramos. da República em exercício, Dra. Elizeta Carmen Lilian Oliveira de Souza Assessora-Chefe do Plenário Documento assinado digitalmente conforme MP n° 2.200-2/2001 de 24/08/2001. O documento pode ser acessado pelo endereço http://www.stf.jus.br/portal/autenticacao/autenticarDocumento.asp sob o código 9E89-F6FD-42EF-AB19 e senha 1346-46E9-E61F-5990

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Ricardo Zarattini Filho v. Diario de Pernambuco

Case Law

Country

Brazil

Country Location

Latitud: -9.531069703582213

Longitud: -52.923056365109474

Country Location (vinculado Case Law): Brazil

Decision Date: 29 nov 2023

Case Status: Cerrado

Case Outcome (Procedural)

Affirmed Lower Court

Keywords

Content Moderation
Freedom of Press
Intermediary Liability
Right to be Forgotten

Judicial Body: Corte Suprema [corte de última instancia/casación]

Court Name: Supreme Federal Court of Brazil

Case Number: RE Nº .1.369.571 (2011/0234963-0)

Case Summary: The Supreme Federal Court of Brazil ruled that media companies can be held civilly liable when publishing an interview in which an interviewee falsely accuses a third party of committing a crime. A Brazilian newspaper had published an interview accusing a politician of terrorist activity in the past and the politician sought damages in the lower court, arguing that he had been cleared of all charges related to the terrorist act mentioned in the newspaper article. The first instance court found that the politician’s public image was damaged and ordered the newspaper to pay damages. The appellate court emphasized the right to information and overturned the lower court’s decision. On appeal, the Superior Court reinstated the first instance court’s order. The Supreme Federal Court imposed limitations on the freedom of the press and freedom of expression, affirming that the politician, who had been cleared of all charges related to the alleged terrorist act, was entitled to protection of the right to be forgotten when a newspaper published an interview linking him to such activities. It stated that civil liability will depend on whether, at the time of publication, there were concrete indications of the falsehood of the accusation, and the media outlet failed to observe the duty of care in verifying the truth of the facts and in disclosing the existence of such indications.

Case Significance: In holding that the freedom of the press to publish third party opinions (or fact descriptions) is dependent on a media outlet’s own, complex evaluation of the consequences of publishing, including the possible applicability of undetermined legal standards and critical reflection on the result of the publication on personality rights, the Court restricted the ability of the media to report freely. The complexity and, sometimes, indeterminacy of criteria for content publication may result in a higher level of self-censorship by the media – which has constricting effects on freedom of expression and freedom of press.

The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Law

Constitución

Source Name and URL: Global Freedom of Expression

Collection

Columbia

Documentos primarios

8-Judgment-STF-4.pdf
Portuguese
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CYRILLA: Global Digital Rights Law

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Ricardo Zarattini Filho v. Diario de Pernambuco

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