BRAZIL (17 FEBRUARY 2025): The Inter-American Commission on Human Rights’ Special Rapporteur for Free Expression, Pedro Vaca, conducted an official visit to Brazil this week to investigate ongoing free speech violations by Brazilian authorities. The investigation follows multiple filings with the Commission as a result of escalating state censorship in the country, dating back to 2019, reaching a head in September with the suspension of X (Twitter). 

Vaca met with Brazilian lawmakers, whose censorship case is represented by ADF International before the Inter-American Commission. His visit follows the return of Rumble, a free speech video platform, to Brazil on February 9th. The platform had withdrawn its services in the country due to censorship demands.  

Julio Pohl, legal counsel for ADF International, stated:  

“Every Brazilian has the human right to free speech, but the fact is that millions of Brazilians have been subjected to unlawful censorship. The Special Rapporteur’s visit to Brazil signals that Brazil’s egregious human rights violations have not gone unnoticed. While the return of Rumble is an excellent step, there is significant work to be done. Censorship has no place in a free society, and it’s time for the Inter-American Commission on Human Rights to exercise its authority to hold Brazil accountable for the clampdown on free speech.” 

Marcel van Hattem, member of the Chamber of Deputies for Brazil and one of the legislators who filed the petition, commented:   

“We must continue to push back against censorship in our country, and put a stop to those who are abusing their power. What we have seen time and again in Brazil is an egregious silencing of political voices, citizens, journalists, or anyone who might share different viewpoints from Judge Alexandre de Moraes, President Lula da Silva, or others in control. We can’t afford to lose Brazil to authoritarianism, and I am grateful to the Special Rapporteur for taking an urgent look at this crisis. These attempts to silence and censor cannot be allowed to stand.” 

WASHINGTON, DC (20 December 2024) In light of the ongoing state-driven censorship crisis in Brazil, five Brazilian legislators, including Senator Eduardo Girao and members of the Chamber of Deputies Marcel Van Hattem, Adriana Ventura, Gilson Marques, and Ricardo Salles, are challenging the violations of their free speech rights before the Inter-American Commission on Human Rights, represented by ADF International.  

The Commission has jurisdiction over Brazil as a State Party to the American Convention on Human Rights. The American Convention robustly protects freedom of speech, including prohibitions on prior restraint (censoring expression before it has occurred) and special protections for political speech. Article 13 protects the “right to freedom of thought and expression” which includes “the freedom to seek, receive, and impart information and ideas of all kinds… through any other medium of one’s choice… The exercise of the right…shall not be subject to prior censorship… [and] may not be restricted by indirect methods or means, such as the abuse of government or private controls … or by any other means tending to impede the communication and circulation of ideas and opinions.” 

The legislators claim violations of their rights under the Convention, including their freedom of expression and the equal protection of the law, as a result of escalating state censorship, dating back to 2019, which recently reached a head with the X (formerly known as “Twitter”) ban.  

In their legal challenge now filed with the Commission, the legislators note that state-sponsored censorship, including the 39-day ban of X, is “disproportionate and of dubious legal basis” and “has affected the conventional rights of the Victims in a direct, particular, and serious way.” 

The petition goes on to say that the country’s X blockade “violated the rights of more than twenty million people in Brazil who are users of the platform, having prevented them from accessing the dissemination and reception of information during that time.” 

Julio Pohl, ADF International’s lead legal counsel on the case, stated: “The world watched as Brazilian authorities blatantly clamped down on the free speech rights of over 20 million Brazilians by shutting down X ahead of the national elections. While the ban was eventually lifted, the fact remains that millions of Brazilians, including the five legislators now taking their case to the Inter-American Commission on Human Rights, were subjected to unlawful censorship during a critical time in their country. Censorship has no place in a free society, and it’s time for the Commission to intervene and condemn the vast and ongoing violations of free speech being perpetrated by Brazilian authorities.”