New York, December 13, 2005The Committee to Protect Journalists
condemns the latest example of judicial censorship in Brazil, where a
São Paulo court has ordered the daily Folha de S.Paulo to
stop publishing reports about a criminal case.
A Federal District Court judge ordered the São Paulo-based newspaper
to stop publishing reports about a pending court case involving alleged
corporate espionage, Folha de S.Paulo reported. The newspaper received
the written order on December 9. The order was signed by Judge Margarete
Sacristan, who told the newspaper that she had issued it on behalf of
the presiding judge, Silvio Luis Ferreira da Rocha.
The order instructed the newspaper to "immediately cease any form of dissemination
of information relevant to the facts and people involved in the proceedings
in question, via newspaper, television, or radio news reports or via any
other means of dissemination, including the Web site maintained by this
company." The order was issued at the request of some of the plaintiffs
in the case, the paper reported.
Folha de S.Paulo said it would comply with the order and
remove 165 pages of news reports on the case from its Web site, but it
would also appeal the decision. In an editorial yesterday, Folha de
S.Paulo called the order "an unmistakable act of censorship against
the press."
Since 2004, Folha de S.Paulo has covered a corporate battle for
control of Brasil Telecom, a local telecommunications company. In July
2004, the paper reported that the investment firm Opportunity, which controlled
Brasil Telecom, had hired a U.S. security company to spy on Telecom Italia,
a competitor. At the time, Opportunity and Telecom Italia were fighting
in court for control of Brasil Telecom.
Folha de S.Paulo also reported that the U.S. security firm, Kroll
Inc., had investigated government officials believed to have influence
over the business dispute. Federal police launched an investigation into
the allegations and in April 2005 filed corruption charges against 15
businessmen.
The defendants deny the spying allegations.
"Brazilians have a right to know the details and the veracity of these
serious allegations involving major corporate and government matters,"
CPJ Executive Director Ann Cooper said. "Shutting tight the courtroom
doors goes against the basic principles of democracy."
Rocha, the presiding judge, sought to distance himself from the order
in comments made to Folha de S.Paulo and published today. Rocha
said the order, which was sent while he was on vacation, did not reflect
his intention to limit certain Web content only. Rocha had not officially
rescinded the order or issued any formal substitute order as of today.
CPJ has documented a pattern of judicial censorship in Brazil over several
years. In the name of protecting privacy and personal honor, judges have
banned media outlets on numerous occasions from covering corruption allegations
involving public officials, politicians, and businessmen.

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