There was a worrying increase in the judicial siege of the press during this period, as well as aggressions against journalists and the media, especially during the municipal elections scheduled for October. Aggression, threats, and stigmatizing intimidations in social networks against women journalists continue to be of concern. Also, incidents are caused by authoritarianism or lack of preparation by public officials.
The Supreme Federal Court (STF) has a history of favorable decisions regarding these two constitutional rights. However, STF minister Alexandre de Moraes suspended on August 30 the social network X (formerly Twitter), prohibited access even through VPN (a virtual private network) and imposed a daily fine of R$ 50,000 on any person or company connecting to the platform. The magistrate's decision, a reaction to repeated legal breaches (profile blocking orders), the lack of a company representative in the country, and the non-payment of fines of almost R$ 20 million negatively impacted the work of journalists.
The National Newspaper Association (ANJ) expressed its "deep concern" about the restrictions to the work of the press after the STF ban, which makes it impossible and threatens with fines the media and professionals who, "by the nature of their mission, need to monitor what happens within the platform." The entity highlighted having received many reports from media and journalists who no longer have access to opinions, stories, and thoughts from various news sources inside and outside the country.
In another case, in 2023, it was determined that the media may be liable for libel, defamation, or slander by an interviewee. On March 8, the STF published the agreement with the final text of the Legal Thesis approved by the Court. According to the main entities defending press freedom and freedom of expression in the country, among them the ANJ, amicus curiae in the original case - trial of the Extraordinary Appeal (RE 1075412) of the complaint of former federal deputy Ricardo Zarattini, now deceased, against the Diario de Pernambuco -, the now General Repercussion Topic 995 affects freedom of the press. It may lead to an increasing state of self-censorship and a more significant restriction on disseminating journalistic content of public interest, not to mention the possibility of eliminating texts, videos, and photos produced by Brazilian professional journalism.
On April 15, the ANJ requested a change in the Thesis so that the media would be liable only when there is no doubt about the falsity of the information and the bad faith of the media in publishing the accusation is proven.
In August, the STF plenary began to analyze the parties' statements. Subsequently, Minister Fachin, rapporteur of the case, presented a new wording for Topic 995, which was considered positive by Brazilian entities linked to journalism. According to him, the responsibility of the press should occur in cases of negligence, and he concluded that the media should not be punished for false accusations made during live interviews.
A third situation of judicial harassment that had restricted the press for a long time had a positive outcome. On May 22, the plenary of the STF recognized that, as judicial harassment, the filing of numerous simultaneous lawsuits on the same facts in different places coerced journalists or press organs and made their defense more difficult or expensive. In the Court's opinion, this practice is abusive and compromises freedom of expression.
The STF plenary concluded that "it constitutes judicial harassment, compromising freedom of expression, the filing of numerous lawsuits on the same facts, in different jurisdictions, with the purpose or effect of coercing a journalist or media outlet, hindering their defense or making it excessively burdensome." The justices also reaffirmed that the liability of journalists or media outlets only occurs in case of unequivocal malice or gross negligence.
The STF has been involved in other cases of judicial censorship. On August 22, Minister Alexandre de Moraes prohibited the former advisor to the Presidency of the Republic, Filipe Garcia Martins, from giving an interview to the newspaper Folha de São Paulo. Suspected of having participated in a coup plot led by former president Jair Bolsonaro, Martins was imprisoned for six months under the argument that he could flee the country.
Moraes alleged that the report would violate one of the conditions imposed for Martins' release, which stipulates that he must not communicate with others investigated in the alleged coup plot, such as Bolsonaro, former ministers Walter Braga Netto and Augusto Heleno, and retired Navy commander Almir Garnier.
Also, by decision of Minister Moraes, on June 18, the STF ordered the withdrawal of two videos and two newspaper articles containing statements by Jullyene Lins, ex-wife of the president of the Chamber of Deputies, Arthur Lira (PP-AL), in which she claimed that the congressman had assaulted her. The measure was in response to a request filed by Lira's defense. It included a video of an interview with Jullyene conducted by Folha de São Paulo in 2021, another by Mídia Ninja, a report by the portal Terra, and another by Brasil de Fato on the case. However, the following day, Moraes revoked the sentence.
In the lower courts, the Court of Justice of São Paulo (TJ-SP) sentenced, on June 6, journalist Luan Araújo for defamation after publishing an article on the internet criticizing Congresswoman Carla Zambelli (PL-SP), according to ABERT's monitoring. Shortly before the 2022 elections, Zambelli chased the journalist with a gun in hand in São Paulo (SP). After the episode, Araújo published a text in DCM (Diário do Centro do Mundo) stating that the congresswoman "keeps committing atrocity after atrocity." The eight-month prison sentence was converted into community service.
On June 5, Civil Court No. 1 of Brusque County (SC) censored the Metrópoles site and ordered the removal of the column report that revealed, in August 2022, messages exchanged in a WhatsApp group by bolsonarista businessmen advocating a coup in the event of Jair Bolsonaro's defeat in that year's elections and attacking various institutions.
The first report of the Coalition in Defense of Journalism (CDJor), based on the first two weeks of the electoral campaign and the monitoring of social networks, shows "a picture of diffusion and trivialization of attacks on journalists and media throughout the country."
There were also face-to-face aggressions. On September 1, Marçal (PRTB) attacked TV Gazeta/UOL journalist Josias de Souza and the press during a debate by Gazeta/MyNews.
The practices of devaluation of the press were already visible before the elections. In the coverage by professional journalism of the impacts of the May floods in Rio Grande do Sul, the hostilities were accompanied by a great deal of disinformation spread on social networks. Rede Globo, which displaced several professionals to the State, was the primary target.
On May 8, reporter Arildo Palermo, from RBS, a TV Globo affiliate in Rio Grande do Sul, was harassed by a man while doing a live broadcast on the floods in the State.
Journalist William Bonner of Jornal Nacional, TV Globo, was harassed while recording an advertisement. The aggressor questioned the broadcaster's delay in reaching the State. "Why weren't you with us in this rescue?" said the man, recording the scene. Later, the aggressor shouted, "Globo was broadcasting Madonna while the gaúchos were underwater, Canoas was underwater, people died. Shame on Globo, shame on you".
Also, according to Poder360, during a live interview on CNN on May 9, a man wearing a volunteer rescue vest shouted "Globo trash" and "Lula out." The broadcaster was covering searches for survivors in Canoas when reporter Pedro Teixeira was startled by the shouts.
The newspaper Correio Braziliense reported that RBS journalist Eduardo Paganella was harassed live while showing a shelter set up to receive rescued animals.
Coletiva.net, which specializes in communication, reported that the Union of Professional Journalists of Rio Grande do Sul (Sindjors) received at least eight reports of professionals harassed while covering the floods.
Furthermore, according to Coletiva.net, months later, in the context of the recovery of Rio Grande do Sul after the damage caused by the floods, attacks on the press continued. On July 3, journalist Maria Eduarda Romagna, from Band-RS, was harassed by the public while covering an official federal government event at the Porto Alegre Public Market.
In the context of the municipal elections, on August 29, in Manaus (AM), there was an episode of physical aggression against reporter Adriano Santos of Radar Amazônia. The journalist was trying to question the mayor of the city, David Almeida (Avante), about a possible electoral crime committed there when his bodyguard beat him.
On September 9, according to CDJor, a team from TV Norte Amazonas - SBT Manaus, composed of reporter Gabriel de Abreu Lima and cameraman Alan Glesseir, was harassed and threatened by the bodyguards of the candidate for reelection, Patrícia Lopes, in the municipality of Presidente Figueiredo (AM).
Authoritarian abuses reached their extreme in Mato Grosso. Since 2021, Governor Mauro Mendes (Union) has initiated police investigations or judicial actions against 18 journalists who produced reports critical of his government. The numerous investigations reached the point that the Mato Grosso Civil Police created Operation Fake News to investigate an alleged dissemination network of false information against the Mendes administration. In one of the phases of the investigation, three journalists who reproduced contents critical of the government were considered suspects of crimes of aggravated slander, persecution, and criminal association. The professionals had their equipment confiscated by agents, and their defenses appealed to the STF, alleging constitutional violation of the right to secrecy of the journalistic source.
The government denies persecution and states it only exercises its right to "prosecute those who lied."
Earlier this year, entities representing journalists denounced to federal authorities the existence of an alleged "parallel police" of the government of Mato Grosso that persecuted journalists. Following the complaints, the National Secretariat of Justice (Senajus) of the Ministry of Justice and Public Security created a commission to follow the cases and prepare a report. At the STF, Minister Cármen Lúcia suspended, using a court order, Operation Fake News.
Assaults on women journalists are another recurrent aspect of violence against the press in Brazil. According to ABERT monitoring, on August 24, reporter Alinne Fanelli, from BandNews FM, was the victim of machismo by Palmeiras coach Abel Ferreira during a press conference at the Brinco de Ouro stadium in Campinas (SP).
On July 8, reporter Isadora Aires, from CNN Brazil, was harassed during her coverage of the Conservative Political Action Conference (CPAC) in Balneário Camboriú (SC). The professional was preparing for a live broadcast at the Convention Center when she was surrounded by participants of the event, who shouted "garbage" and "get out" and intimidated the reporter.
