New York, August 20, 2004—The Committee to Protect Journalists
strongly opposes a bill to regulate journalists in Brazil, a measure Brazilian
President Luiz Inácio Lula da Silva sent to Congress this month.
"This government-sponsored proposal severely restricts the right to freedom
of expression," said CPJ Executive Director Ann Cooper. "Journalism must
not be guided by government-imposed regulations that could be used to
silence criticism and shield the powerful from scrutiny."
The legislation comes after a series of reports in the Brazilian press
detailing alleged government corruption. The government claimed the bill
is aimed at improving journalism.
The bill establishes federal and regional "journalism councils" made up
of journalists and with powers to "guide, discipline, and supervise the
practice of the profession of journalist and journalistic activity, to
ensure the adherence to the profession's ethical and disciplinary principles
throughout the national territory, as well as to protect the right to
free and plural information and to improve journalism."
Under the bill, every journalist must register with the regional council
where he or she resides. Disciplinary infractions would include warnings,
fines, censure, suspension for up to 30 days, and revocation of registration.
The bill was originally drafted by the National Federation of Journalists
(FENAJ)—a journalists' trade union—and was revised by the Ministry of
Labor and Employment, which sent it to the president on May 27, 2004.
According to the government's official daily, Diário Oficial
da União, Lula sent the bill to Congress on August 4, 2004.
In a letter to Lula explaining the bill's purpose, Ricardo Berzoini, Minister
of Labor and Employment, claimed that the measure would close a loophole
in Brazilian law that allowed journalism to go unregulated. Berzoini said
journalism councils would follow the model of existing councils in charge
of professions such as accounting and medicine.
Berzoini said that Decree-Law No. 972, which was issued under a military
dictatorship in 1969, requires registration with the Ministry of Labor
and Employment to practice journalism. But he contended that his ministry's
role in regulating the profession was limited to verifying the existence
of registrations. "Thus, currently, there is no institution with legal
competence to regulate, supervise, and punish journalists' inappropriate
conducts," Berzoini wrote.

|