- Since 2019, Brazil has been experiencing ongoing censorship and due process violations; the country now has what are likely the worst restrictions on speech in the Americas.
- Victimized journalists, independent media groups, and Brazilian congressmembers seek intervention from Inter-American Commission on Human Rights.
WASHINGTON, DC (May 23, 2024) – Amidst Brazil’s ongoing crisis of censorship, a delegation of Brazilian members of Congress, as well as Brazilian and international journalists have requested action from the Inter-American Commission on Human Rights, alongside ADF International, urging the body to take immediate action in defense of free speech.
The Commission, which has the power to hold accountable the state of Brazil for its acts of censorship, agreed to a meeting between its titular commissioners and the affected journalists and members of Congress. Amongst those in attendance were journalists Paulo Figueiredo and Michael Shellenberger, subject to secret criminal investigations for reporting on the authoritarian drift of the Brazilian courts and their censorship efforts. Julio Pohl participated as legal counsel for Latin America with ADF International.
The purpose of the meeting was to urge the Commission to demand that Brazil respect the right to freedom of expression and respond to allegations that these individuals have been targeted for investigation and restriction of their rights, in addition to the grounds upon which the State seeks to defend censorship efforts that run afoul of its human rights obligations. The IACHR Commissioners met with the alleged victims and shared that the Commission takes these human rights violations seriously and requested the attendees to present additional evidence of the censorship actions by Brazil’s Supreme Court judge, Alexandre de Moraes.
“The state of censorship in Brazil is severe and worsening, positioning the country as among the worst for restrictions on speech in the Americas. Intervention by the Inter-American Commission on Human Rights is key because without free speech, all human rights are jeopardized. We are particularly concerned that the Brazilian state is targeting Christian expression, including pro-life views and other faith-based speech,” stated Pohl for ADF International.
Michael Shellenberger, founder of Public, author, and professor, stated: “I am being criminally investigated by Brazilian authorities for exposing their attempts to censor. Brazil has reached a crisis point where a lone Supreme Court judge could wield his authority to shut down X in the country.
Under the guise of promoting democracy, and despite growing backlash from home and abroad, Brazilian authorities have created the most oppressive culture of censorship in the western hemisphere. It’s not only bad policy and bad politics, it’s a blatant violation of basic human rights for authorities to ban the speech of their own citizens. It’s inconceivable that human beings should be censored and silenced by other human beings simply because they disagree with their speech. As the situation continues to deteriorate, my hope is that the Inter-American Commission on Human Rights will intervene rapidly in defense of the right of all to speak freely in Brazil”.
Marcel van Hattem, member of the Chamber of Deputies for Brazil, said “The attempts by Judge Alexandre de Moraes to censor and silence the people of Brazil simply cannot stand. Our constitution specifically prohibits all censorship and guarantees the right to freedom of expression; these are not only constitutionally-protected rights, but basic, human rights that should be guaranteed and preserved for all Brazilians. Censorship has no place in a free society, and I implore all who are able to join me in vehemently opposing these kinds of restrictions.”
Sweeping Censorship in Brazil Targets Christian Expression
Since 2019, Brazil has been experiencing ongoing censorship and due process violations. The country now has what are likely the worst restrictions on speech in the Americas. Widespread censorship began in 2019 when the president of the Supreme Court, Judge Dias Toffoli, granted power to an individual judge on the Supreme Court, Alexandre de Moraes, to engage in an open-ended investigation into “fake news, slander, and threats against ‘the honor and security’ of the Court, its members, and their families”. Using these powers, Judge de Moraes ordered social media companies to ban users on “misinformation” grounds. Elon Musk garnered international attention by declaring that X will resist the orders.
State censorship has targeted, among others, expression rooted in a Christian worldview. Examples of speech that has led to suppression of content or user bans include: political ads showing President Lula da Silva expressing support for expanding access to abortion, posts claiming that Lula’s government would bring censorship levied against Christians in Brazil, in addition to posts showing the president promoting sexually explicit books as part of a “sexuality education” initiative in schools.
Those affected by the state’s censorship efforts include businessmen, international journalists, media outlets, and members of the Brazilian Congress.
Judicial remedies in Brazil are limited or non-existent. Because the orders come from a judge of the Supreme Court, it is unlikely that they will be overturned at the national level demonstrating the significance of intervention from the Inter-American Commission on Human Rights.
In The issue has attracted the attention of the U.S. House of Representatives, which, on May 7, 2024, held a hearing titled “Brazil: A Crisis of Democracy, Freedom & Rule of Law?” under the Subcommittee on Global Health, Global Human Rights and International Organizations. At the hearing, chaired by Representative Chris Smith (R-NJ), “widespread evidence of political censorship and persecution in Brazil” was presented. Smith has submitted a request to the Inter-American Commission on Human Rights for information on the status of human rights in Brazil, and urging intervention, citing, “serious allegations of human rights violations committed by Brazilian officials on a large scale. Most notably, credible allegations have been made of mass violations of freedom of expression, including censorship imposed through abuses of judicial authority and the muzzling of opposition media”.
As stated by Pohl: “What is happening in Brazil is a particularly stark example of a trend toward increased state censorship around the world. We are hopeful that the Commission will exercise its human rights authority to hold Brazil accountable for clamping down on free and peaceful expression with destabilizing effect on all of Brazilian society”.
