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OFFICE OF THE SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION EXPRESSES CONCERN ABOUT THE CANCELLATION OF THE VISA OF A NEW YORK TIMES JOURNALIST BY THE BRAZILIAN AUTHORITIES

  May 12, 2004

The Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) expresses its concern about the decision of the Brazilian authorities to cancel the visa of journalist Larry Rohter of the U.S. newspaper the New York Times as a result of a news article that appeared in the aforementioned newspaper on May 9.

According to the information provided by the Ministry of Justice, the cancellation was based on the application of Article 26 of Law 6815 of 1980. The authorities considered that the article was frivolous, false, and offensive to the honor of the President of the Republic and that, therefore, it caused serious prejudice to the country's image abroad.

Principle 11 of the Declaration of Principles on Freedom of Expression, approved by the IACHR in October of 2000, provides that "Public officials are subject to greater scrutiny by society." Moreover, Principle 13 states that "The means of communication have the right to carry out their role in an independent manner. Direct or indirect pressures exerted upon journalists or other social communicators to stifle the dissemination of information are incompatible with freedom of expression."

Regardless of opinions about the content of the article in question, the Office of the Special Rapporteur exhorts the Brazilian authorities to respect the above-mentioned principles in the determination of the visa conditions of foreigners, and to ensure that the legislation regarding these matters does not constitute an obstacle to the exercise of freedom of expression guaranteed by Article 13 of the American Convention on Human Rights.



www.cidh.oas.org/relatoria

Reference: PRE-105-E