IACHR SPECIAL REPORT ON THE SITUATION OF FREEDOM OF EXPRESSION IN BRAZIL

The Inter-American Commission on Human Rights (IACHR) published, on 26 December, the “Special Report on the Situation of Freedom of Expression in Brazil”, prepared by its Office of the Special Rapporteur for Freedom of Expression (SRFOE/IACHR). The report is the result of the visit to the country by the Special Rapporteur for Freedom of Expression, Pedro Vaca, and his team, carried out in February of this year at Brazil’s invitation.

The Brazilian government provided the necessary support for the successful conduct of the working visit, during which members of the delegation headed by the Special Rapporteur had the opportunity to meet not only with high-level authorities and government officials, but also with “a wide range of groups—including individuals who oppose the current government, parliamentarians from across the political spectrum, human rights defenders, non-governmental organizations, and journalists” (paragraph 3 of the Report).

As noted in paragraph 2 of the Report, the SRFOE/IACHR working visit found that the country has “strong and effective democratic institutions” and that “relevant State statements and policies” are “in line with national and international human rights standards.” The same paragraph emphasizes that Brazil is a “democratic State governed by the rule of law,” which “holds free and fair elections and is characterized by the separation of powers and the rule of law, with constitutional arrangements that ensure the protection of human rights.” This scenario is considered a “prerequisite for understanding the situation of the right to freedom of expression in the country,” which is regarded as positive.

It was precisely because of its solid confidence in the Democratic Rule of Law and its institutions that the Brazilian government invited the SRFOE/IACHR to carry out the aforementioned visit. As can be inferred from the reading of the Report, Brazil has broad and sufficient conditions to address challenges to freedom of expression. Evidence of this is the fact that, as highlighted in paragraph 5 of the Report, “Brazil went through deliberate attempts to delegitimize the internationally recognized electoral results of the 2022 electoral period, as well as the planning and attempted execution of a coup d’état.” The report notes that, in responding to the attempted coup, democratic institutions ensured the safeguarding of freedom of expression, which tends to be among the first victims of authoritarian regimes.

The report reflects Brazil’s unwavering commitment to the protection and promotion of human rights, as well as to open and transparent dialogue with independent multilateral bodies responsible for overseeing international obligations in this field. The report contains useful recommendations that will be taken into account by the Brazilian State in its ongoing efforts to strengthen the defense of information integrity and to address challenges to freedom of expression.