The ANJ (National Association of Newspapers) repudiated, on Tuesday (18), the breach of data confidentiality and electronic records of the newspaper Baiano A Tarde. The first instance decision was unanimously upheld by the Bahia Court of Justice.
The newspaper appealed to the STJ (Superior Court of Justice), and the case will be tried between August 28 and September 3.
The process refers to the criminal news for alleged qualified injury. In September 2020 and 2021, notes were published in the “The Carrasco” column that refer to businessman Roberto Zitelmann de Oliva as “Saci Pererê”. Man is a person with physical disabilities who had childish polio.
In April 2022, the Bahia Court determined that the newspaper provides “all available registration data, including the names of the authors and/or responsible for the preparation of the content and the publication/registration of the” O Carrasco “column, from the newspaper A Tarde, for the period from 01/09/2020 until 26/04/2022”.
The judicial decision also determined supply of the “IP Logs Registration, with the respective logical ports), referring to the period from 01/09/2020 until 09/30/2021”.
For the Bahian newspaper, the decision will generate a “breach of confidentiality of source and violation of press freedom.”
The afternoon wants annulment of the judicial decision that granted the precautionary measures requested by the Public Prosecution Service of Bahia to provide data and electronic records of the authors and responsible for the preparation of the content and publication of the column.
“The decision issued by the authority pointed out as co -coator [a juíza de primeira instância]it was not like the background of censorship of information, disclosure of information and freedom of the press but to protect the constitutional guarantee of respect for the honor and image of people, “says the vote of the rapporteur, Judge Aliomar Silva Britto, during a trial at the Bahian Court of Justice.
ANJ has classified the breach of confidentiality as “unconstitutional”. In the note, the association also states that “expects the restoration of the newspaper’s fundamental rights, freedom of the press and confidentiality, guaranteed by the Constitution.” The Association argues that the Bahian Diary reported “the authorship of two notes published in the column ‘The Carrasco’ and the responsibility for its publication, as required by the Public Prosecution Service.”
Ao, the newspaper said that “was the victim of illegal and arbitrary act” of the Bahia Court.
In an opinion sent to the STJ, the Federal Prosecutor’s Office opined against the appeal of the Bahian newspaper.
The report was unable to contact the newspaper A Tarde. In the appeal, according to ANJ, the newspaper argues that the original decision is “inadequate, unnecessary and disproportionate” and violates the “liquid and certain right to data confidentiality, as well as freedom of expression, freedom of information, freedom of press and the confidentiality of the journalistic source.”
