Senator Pacheco commits to prioritizing legislation against judicial harassment in Brazil to protect journalists and activists

Senate President Rodrigo Pacheco has committed to prioritizing the creation of a law to restrain judicial harassment against journalists and activists. The senator announced this decision during a meeting organized by the Brazilian Association of Investigative Journalism (ABRAJI) and Transparency International - Brazil with professionals from Europe and Africa advocating for anti-SLAPP (Strategic Lawsuit Against Public Participation) laws. The meeting took place on Friday (12) at ABRAJI’s 19th International Congress of Investigative Journalism in São Paulo, where the senator participated in an interview panel.

The term SLAPP describes the use of legal measures and proceedings to intimidate and silence critical voices, thereby limiting debate on topics of public interest. SLAPP strategies include criminal charges, exorbitant compensation claims, and multiple lawsuits. In Brazil, this practice is known as judicial harassment. In April 2024, in partnership with UNESCO and researchers from University of São Paulo, ABRAJI released a report outlining criteria for identifying judicial harassment. In a recent ruling (ADI 7055), the term was recognized by the Supreme Federal Court (STF). Read the full report here. 

The goal of SLAPPs is not to win in court but to burden and exhaust their targets - those who have to defend themselves. These burdens include attorney fees, court costs, compensation, and fines, as well as time and energy that could be used for journalistic and investigative coverage or, in the case of NGOs and activists, for social advocacy and defending their causes. The consequences of judicial action can lead to financial ruin, imprisonment, loss of credibility, and psychological harm. Abusing the legal system in this way undermines fundamental rights like freedom of expression, press, and information. 

ABRAJI and Transparency International - Brazil, along with other organizations, seek inspiration from the European Union to create a law protecting journalists, environmental defenders, human rights defenders, and other activists, academics, and whistleblowers from judicial harassment. In February 2024, the European Parliament approved the anti-SLAPP Directive, which requires the development of specific legislation in Member States within two years.

The directive became known as the Daphne Law because the debate on SLAPPs in Europe intensified after the murder of Maltese journalist Daphne Caruana Galizia, a specialist in investigating corruption and financial crimes in Malta. Due to her engagement in uncovering illicit activities, such as the Panama Papers case, Galizia was subjected to numerous persecutions: illegal arrests, bank account blockages, attempts to set her house on fire, and public intimidations. Among these aggressions, she faced 48 defamation lawsuits. After her death, it became clear that physical violence was part of a broader phenomenon related to suppressing scrutiny of public interest topics by powerful entities using abusive strategies like SLAPPs.

Participants in the conversation with the Senate President included: Katia Brembatti (ABRAJI), Bruno Brandão (Transparency International - Brazil), João Paulo Batalha (Portuguese Civic Front Association), Matthew Caruana (Daphne Caruana Galizia Foundation), Sedrick de Carvalho (Angolan journalist and activist), and Mery Rodrigues (Transparency International - Mozambique).

Matthew Caruana recounted his mother Daphne's story. Sedrick de Carvalho spoke about his time in prison in Angola and mentioned the pioneering support from the Brazilian Senate: after senators' statements in favor of his release, numerous other bodies began to support the cause. Sedrick also commented on the precariousness of the Freedom of Information Act in Angola. In this context, Pacheco, in addition to expressing solidarity with the accounts, emphasized that freedom of the press is one of the three pillars that uphold democracy.

João Paulo Batalha explained the process of approving the Daphne Law and detailed the next steps for Portugal to adopt the European Parliament's directive into its domestic legislation.

Katia Brembatti presented the Monitor of Judicial Harassment Against Journalists, developed by ABRAJI, which has already identified 654 lawsuits filed against journalists in Brazil from 2008 to 2024, in 84 situations of harassment. She highlighted the victory in ADI 7055, in which the STF recognized judicial harassment and adopted measures to protect journalists.

Despite this achievement, ABRAJI’s president emphasized the need for greater awareness among judges, especially at the first-instance level, about the concept of judicial harassment and the application of CNJ (National Council of Justice) Recommendation 127, which guides courts to curb predatory judicialization that aims to curtail defense and limit freedom of expression. According to ABRAJI, anti-SLAPP legislation is essential in Brazil because CNJ Recommendation 127 alone does not have sufficient power to restrain judicial harassment.

* Photo caption and credits: From left to right: Maria Dominguez, Sedrick Carvalho, Rodrigo Pacheco, João Paulo Batalha, Basília Rodrigues, Matthew Caruana, and Mery Rodrigues / Photo: Melvin Quaresma

** Read this report in portuguese here.