Brazil: Court Rejects Appeal by Alana Rocha in Defamation Case that Led to an 8-month Open Detention Conviction

Journalist was convicted of defamation for criticizing local government bidding mechanism

Location: Brazil, Bahia
Date: February 14, 2024

Women Press Freedom stands resolutely in support of Alana Rocha, who was subjected to open detention for eight months, community service in lieu of a fine, and ordered to pay 12,000 reais in moral damages following a defamation case in Bahia, Brazil. This case arises from her professional conduct as a journalist, specifically for her critical reportage on the city hall's bidding exemptions in Riachão do Jacuípe during a broadcast in March 2021. The legal proceedings, culminating in a decision that prevents the case from being appealed to a higher court, represent a significant overreach and misuse of criminal law to suppress journalistic freedom and criticism. We call upon the Brazilian judiciary to reconsider this decision and to recognize the imperative of safeguarding press freedom against undue legal challenges. We urge for the immediate dismissal of all charges against Alana Rocha, advocating for her unconditional acquittal. It is essential that journalists are allowed to perform their duties without fear of retribution or legal persecution. The case against Rocha should be seen not just as an attack on an individual journalist but as a test of Brazil's commitment to press freedom and democratic values.

A Bahia State court has issued a criminal conviction against journalists Ailton São Paulo and Alana Rocha for defamation while fulfilling their professional duties on the Gazeta Alerta radio program on Rádio Gazeta FM. São Paulo and Rocha, who serve as hosts on Rádio Gazeta FM, voiced criticism of the bidding exemptions of the city hall in their hometown of Riachão do Jacuípe during a broadcast in March 2021.

The lawsuit was brought forth by Daniela Cordeiro Nascimento, Guilherme Souza Tomasi, and Ivina Adina Cordeiro Nascimento, who alleged that they were defamed by the journalists' statements. Their claims were upheld by Judge Marcela Moura França Pamponet, who, in February 2023, sentenced São Paulo and Rocha to an eight-month open detention term, a fine converted into community service, and 12,000 reais ($2,420) in moral damages.

In January 2024, Judge Matheus Martins Moitinho, presiding over the Special Courts of the District of Riachão do Jacuípe, rejected an appeal filed by the defendants, thereby preventing the case from progressing to a higher court.

The Brazilian Association of Investigative Journalism (Abraji) has condemned the court's decision but is hopeful that Bahia’s judiciary will recognize the flaws in the initial rulings and reverse the decision, thereby preserving the defendants' right to a fair hearing and upholding the freedom of the press as per the legal framework. 

Women Press Freedom expresses deep concern over the legal actions taken against Alana Rocha. We assert that using criminal law to suppress press freedom represents a clear violation of media freedom. The verdict imposes an unjust burden, contradicting the constitutional protection of freedom of speech. This judgment not only harms the journalist, leading to self-censorship and criminalization of her work but also serves as a warning to other journalists who seek to hold those in power accountable. We call for the dismissal of all charges against Alana Rocha and her immediate and unconditional acquittal.

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