Brazil: Issued ruling on freedom of the press and online censorship (Intercept Brasil v. Souto)

On 25 October 2023, the Federal Supreme Court (STF) issued a decision suspending the decision of a lower court (Bahia Justice Department) which had ordered the withdrawal of reports published on the website of Intercept Brasil regarding the murder of a political activist. The STF emphasises the importance of freedom of expression and information and rejects pre-censorship, as stated in Decision ADPF 130. Restrictions on freedom of expression must be ex-post and well justified. The STF stated that the freedom of expression and information is not absolute, the State and the judiciary have the task of suppressing abuses and protecting the weaker party while protecting uncomfortable opinions. In conflicts between freedom of the press and rights of personality, freedom of the press takes precedence, although rights of personality can be invoked later. In this particular case, the STF states that there are insufficient grounds for judicial intervention because the information is in the public interest.