During this period, the troubling pattern of judicial harassment at the trial-court level continued. However, the final decisions of the Federal Supreme Court (STF) were favorable to freedom of the press and freedom of expression.
During this period, the troubling pattern of judicial harassment at the trial-court level continued. However, the final decisions of the Federal Supreme Court (STF) were favorable to freedom of the press and freedom of expression.
Lower courts convicted journalist Rosane de Oliveira and the newspaper Zero Hora, of the RBS Group (RS), for reporting on the salary of Judge Iris Helena Medeiros Nogueira, former president of the State Court of Justice (TJ-RS), and other magistrates — data that are public under current law.
The persistence of intimidation against journalists and media outlets — promoted mainly by public officials and politicians — remained alarming. There were also cases of harassment and violence by civilians and organized crime.
On the other hand, STF issued a ruling that impacts the global debate on freedom of expression by requiring major technology companies to take greater responsibility in moderating illegal content. Th STF determined that social media platforms can be held directly liable for illicit posts without a prior court order, provided the affected parties notify them. The Court found that Article 19 of the Brazilian Internet Civil Framework, created more than a decade ago to balance freedom of expression and civil liability, did not adequately protect fundamental rights in the face of massive publications of disinformation, hate speech, and anti-democratic content.
The decision, which partially amended the article, also addresses issues such as payment for content, the use of bots, and self-regulation rules for platforms — including the obligation to issue annual reports and maintain legal representation in the country.
Experts are divided on the matter. Some argue that the measure creates legal uncertainty, poses a risk of censorship, and infringes on Congress's legislative prerogative. They believe the decision equates alleged "opinion crimes" with criminal offenses and undermines freedom of expression on social networks. Others criticize the equal treatment of small websites and large platforms, which could lead to the censorship of journalistic media.
However, several legal scholars argue that, for the press, offenses against honor still require a court order, which preserves legal certainty for media outlets. These analysts highlight that the decision correctly holds platforms accountable for content that spreads misinformation, incites hatred, or promotes violence. The measure will remain in force until Congress approves specific legislation. The STF could also revisit its decision due to the divergences that have arisen.
Judicial decisions related to freedom of the press and expression in Brazil remain, overall, protected by the STF's final rulings. However, the growing number of negative cases in lower courts is concerning. In addition to the case of journalist Rosane de Oliveira and the newspaper Zero Hora of the RBS Group (RS), other rulings were recorded during this period:
The 1st Civil Court of Pinheiros (SP) ordered Band to pay 50,000 reais to businessman and coach Pablo Marçal for moral damages and to remove reports containing offensive terms such as "fool," "scoundrel," "loser," and "human trash." Band argued that Marçal spread fake news and that its coverage was protected by freedom of expression.
The Court of Justice of Amazonas (TJAM) ordered the removal of an article by journalist Andreza Matais on the Metrópoles website about a tribute from the TRT-11 to businessman Waldery Areosa, as well as the deletion of the article's links from Revista Cenarium and Google search results.
The Court of Rondonia ordered the removal of the article "Less Forest, More Pasture: Senator Jaime Bagattoli (Liberal) Threatens the Amazon with Capital Market Funds." Later, Judge Alexandre Miguel revoked the decision, calling the measure censorship and emphasizing the public interest in the information.
At the STF level, a ruling published in June regarding a compensation case against Diário de Pernambuco established General Repercussion Thesis 995, which regulates media liability in similar cases. The Court ruled that "freedom of the press is full but accompanied by responsibility, with prior censorship prohibited," and that media outlets are only civilly liable for false statements by third parties if there was bad faith, direct intent, or gross negligence. In live broadcasts, the outlet is not liable for false statements made by third parties if it guarantees the right of reply.
However, the STF is analyzing another case that could weaken these freedoms. It is reviewing the constitutionality of Section II of Article 141 of the Penal Code, which increases penalties by one-third for crimes against honor committed against public officials. The rapporteur, Justice Luís Roberto Barroso, voted to declare this increase unconstitutional (except in cases of slander). Still, Justices Flávio Dino, Cristiano Zanin, Alexandre de Moraes, and Gilmar Mendes defended its validity. The trial was suspended and will resume at a later date.
A troubling number of coordinated campaigns of harassment and discrediting against journalists were also observed, promoted by politicians, public officials, or influential groups — including soccer clubs — both online and in person. Some examples include:
In Santa Catarina, several pages spread misleading information about journalist Amanda Miranda after she criticized the state government for transferring public funds to allied pages.
During a live broadcast, Senator Marcos do Val (Podemos-ES) insulted and threatened journalist Fabiana Tostes (Folha Vitória).
Journalists Guga Noblat and Igor Borges (ICL Notícias) were physically assaulted by Congressman Paulo Bilynskyj (Liberal).
A municipal employee beat Ronaldo Chaves (Jornal 14 de Maio, Goiás) after being threatened by a lawmaker.
Senator Ciro Nogueira (Progressistas) leaked the personal data of journalist Flávio VM Costa (ICL Notícias) after a report linked him to the PCC criminal group.
Congresswoman Júlia Zanatta (Liberal) publicly attacked journalism student Matheus Bastos (ND+) during a live broadcast.
The mayor of Macapá, Dr. Furlan (MDB), assaulted journalists Heverson Castro and Iran Froes.
A team from NTV (Patos de Minas, MG) was barred from entering a stadium despite holding valid accreditation.
Journalists Roberto Alexandre dos Santos and Allan de Abreu (RP10 and Revista Piauí) were subjected to search warrants that violated source confidentiality.
Luiz Vassallo, from Metrópoles, was investigated by police after publishing reports about a former DEIC director.
Journalist Marina Semensato (iG) was the target of a disinformation and coordinated attack campaign on TikTok.
Police Lt. Col. José Thomaz Costa Júnior, commander in São José do Rio Preto (SP), threatened the newspaper Diário da Região for publishing a video of a ritual with extremist symbolism.
Marcelo Gasparino, a board member of Eletrobras, disclosed a private conversation with reporter Stéfanie Rigamonti (Folha de S.Paulo) following a report on political maneuvering at the company.
Other violent incidents included:
A TV Record helicopter (RJ) was hit by more than 200 gunshots while flying over neighborhoods in Rio de Janeiro; it managed to land safely with no injuries. A man deliberately shoved Gustavo Ribeiro (TV Gazeta, ES) during a live broadcast. An armed man threatened Rildo de Jesus (TV Bahia) during a live broadcast in Salvador. And Andreyna Patrício (TV Tropical, RN) was harassed live during coverage of São João de Natal, when a man made obscene gestures at her.
