Freedom of Expression
Press release R192/22
AAuthorities and candidates for public office in Brazil are called upon to protect public debate and freedom of expression
August 30, 2022
Washington, D.C.- The Office
of the Special Rapporteur for Freedom of Expression of the Inter-American
Commission on Human Rights (IACHR) calls on electoral authorities, political
parties, and persons holding or aspiring to hold elected office in Brazil to
protect public debate and the observance of human rights, in accordance with
their special responsibilities in the exercise of their right to freedom of
expression.
A few days before the
beginning of the electoral campaign in Brazil, this Office has received reports
on the worsening of political polarization and its impact on public debate. In
this context, the Special Rapporteur’s Office has become aware of several
stigmatizing statements and verbal attacks against the press and human rights
defenders by political leaders. Likewise, the IACHR and its Special Rapporteur’s
Office have received information on speeches that aim to cast doubt on the
electoral process and democratic institutions without addressing verified and
verifiable information; speeches that could exacerbate or encourage discrimination
and violence; and statements that challenge the enforcement of judicial
decisions or that have the potential to promote the disregard of electoral
results, without the provision of unequivocal evidence to support it.
This type of speeches are inserted
in a scenario of allegations about the deterioration of guarantees to exercise
the right to freedom of expression and citizen participation in Brazil. In this
sense, the Rapporteur’s Office has been informed of an increase in politically
motivated violence, which would manifest itself, for example, in threats to the
life and integrity of women who exercise parliamentary functions at different levels,
in addition to a generalized environment of self-censorship, especially among
groups in vulnerable situations. The Special Rapporteur’s Office notes that on
August 1, 2022, the Superior Electoral Tribunal and the Attorney General's
Office signed a "Protocol for Joint Action in Confronting Political Gender
Violence", which includes "combating political violence against women".
The Rapporteur’s Office
reiterates that expressions on political issues, including those that may be
critical, offensive or shocking, should be especially protected during
electoral periods, since freedom of expression is an essential tool for the
formation of public opinion, which strengthens the political contest and allows
for greater transparency in these contexts. However, even in these periods
there are limits to the right to freedom of expression. In particular, persons
exercising public functions and candidates for public office are called upon to
ensure the integrity and quality of public deliberation, and to ensure that
their pronouncements 'do not exacerbate tensions related to elections, nor have
the potential to harm the rights of individuals.
In the light of the previous
considerations, and in accordance with the standards on freedom of expression
in electoral contexts, this Office points out that:
1.
Article 13.5 of the ACHR prohibits
"propaganda for war and any advocacy of national, racial or religious
hatred that constitutes incitement to violence or any other similar illegal
action against any person or group of persons for any reason, including race,
color, religion, language or national origin...", which must be sanctioned
by the competent authorities. According to the UN Rabat Plan of Action, for a
speech to be considered hate speech, a contextual - and not semantic - proof of
the manifestation is required, based on the (1) social and political context;
(2) the category of the speaker; (3) the intention to incite the audience
against a particular group; (4) the content and form of the speech; (5) the
extent of its dissemination; and (6) the likelihood of causing harm, including
imminent harm of speech allegedly inciting violence. These elements should be
especially ascertained during election periods.
2.
There are speeches that negatively affect
public deliberation as they contribute to the stigmatization and
marginalization of groups in vulnerable situations, such as women, indigenous
peoples, Afro-descendant population, LGBTI people, people with disabilities and
people in a situation of human mobility, among others. Discrimination impacts
people's ability to fully exercise their right to freedom of expression and to
participate in the civic space. The speeches of political leaders -especially
those who exercise public functions- cannot ignore or contradict human rights.
Democratic and human rights convictions demand that those who participate in
the electoral contest recognize that no person should be discriminated against
for political reasons and that all should be treated with dignity.
3.
Political leaders should distance themselves
from any discourse that sends permissive messages of violence during the
electoral contest, including those that activate, encourage, accentuate, or
exacerbate situations of discrimination, hostility, intolerance or animosity.
4.
Persons holding or aspiring to hold elected
office are called upon to counteract intolerance and discrimination and to
promote cultural understanding and respect for diversity, taking advantage of
their high office and the scope of their speeches. Considering that on many
occasions electoral contexts are characterized by the intensification of
polarization and social conflicts, public leaders are called upon to channel
such tensions through dialogue, ensuring full respect for the rule of law, the
decision of the electorate and human rights.
5.
Criticism of the performance of the public
authorities, the proposals on the functioning of the State and reflections on
democratic and electoral institutionality are issues of public interest that
should be open to the scrutiny of the citizenry. However, political leaders,
especially state authorities, must act with greater diligence than any other citizen
when pronouncing on these matters, which includes the duty to reasonably verify
the facts on which their opinions and criticisms are based. The statements made
by public officials and political leaders who do not adhere to these principles
may encourage the dissemination of false information.
6.
Political leaders should refrain from
disseminating false information knowing it to be false. Instead, they have an
obligation to ensure to the maximum extent possible that their statements are
truthful, substantiated, and accurate. Candidates and political parties must
take measures to prevent the dissemination of false, misleading, or dubious
information and must correct information in a timely manner when they become
aware of false or misleading content.
7.
Access to information is a citizen's right and
contributes to the formation of the collective will expressed in the vote. It
is essential that the candidates are open to the scrutiny of the population and
voluntarily attend interviews and other spaces for debate on the different
political projects. The Rapporteur’s Office recalls that political debate is
essential for the consolidation of democratic societies.
8.
Journalism fulfills the crucial function of
channeling public debate between public representatives and citizens. Political
leaders should refrain from stigmatizing or threatening journalists, and from
undermining respect for the independence of the media. At press conferences,
they should treat participants with respect and ensure that they have an equal opportunity
to ask questions.
9.
Political leaders should remember that Article
15 of the ACHR protects the right to peaceful and unarmed assembly. In this
regard, those who exercise public functions and those who aspire to hold public
office should be especially mindful of their role as guarantors of the human
rights of people who participate in social demonstrations. Stigmatizing and
criminalizing remarks against demonstrators can lead to the escalation of
episodes of violence and human rights violations.
10. The
IACHR and its Special Rapporteur’s Office recognize the solidity of democratic
institutions in Brazil. A central element of the rule of law is respect for
judicial decisions and the decisions of the respective electoral authorities.
The exercise of freedom of expression does not authorize those who occupy or
aspire to occupy elected office to disregard such decisions. The claims or
questions that may exist regarding such decisions must be evacuated through the
appropriate institutional channels provided by law, giving priority to true
facts and verified or factually verifiable information, and respecting
democratic institutions. Accordingly, political leaders, especially
high-ranking public authorities, must ensure that their pronouncements "do
not constitute a form of interference or pressure detrimental to judicial
independence or may induce or suggest actions by other authorities that violate
the independence or affect the freedom of the judge," as the
Inter-American Court has stated.
The Office of the Special
Rapporteur for Freedom of Expression is an office created by the Inter-American
Commission on Human Rights (IACHR) to encourage the hemispheric defense of the
right to freedom of thought and expression, considering its fundamental role in
the consolidation and development of the democratic system.
R192/22