[governance] critique of the IBSA proposal

[Rui Correia]

Paul, Ivar

There NEVER was ANY law in Brazil that prohibited making fun of candidates.


What there was, was a prohibition - in terms of Pagraph 2 of Article 45 of
the Election Law - against manipulation, montage or other, of video clips or
sound bites so as to degrade or humiliate candidates or political parties.

Such a clause is (was) still a restriction on freedom of expression, but was
by no means a prohibition on making fun of candidates. On the contrary, they
were fair game with programmes such as Casseta Planeta, Jo Soares and many
others taking the mickey out of them.

I concur with Milton that this is a regrettable development and not to be
applauded. And I was at WSIS throughout and saw that Brazil was at times/
often on the wrong side of the moral divide. And whether this document has
Brazil's name on it or not, as Milton says, IBSA will put it to the UN
General Assembly. As far as I know, Brazil has a historic protocol
'privilege' of being the first to speak, that is all - not to ram through
proposals for a "global body of IG run by gov representatives which is
either suggested by Brazilian gov or influenced by it in any way".

It is a short-sighted proposal, a non-starter and we should concentrate on
fighting it, not where it is coming from - play the ball, not the man.

Rui



2011/9/18 Paul Lehto <lehto.paul at gmail.com>

>
> On Sat, Sep 17, 2011 at 4:56 PM, Ivar A. M. Hartmann <
> ivarhartmann at gmail.com> wrote:
>
>> I would by default oppose a global body of IG run by gov representatives
>> which is either suggested by Brazilian gov or influenced by it in any way.
>> Just as an example, Brazilian law prohibited people from making jokes
>> about politicians running for office during election periods. This was in
>> force up until a year ago until the Supreme Court (not Congress, mind you)
>> decided to put an end to it.
>>
>
> In the public sector (government), at least a Supreme Court, as in the
> Brazilian example above, can correct a policy.
>
> But, in the private sector there will be no such correction, *ever, and
> they too have "no joking" rules.*
>
> Using employment as an example, private sector bosses often have rules of
> "no joking about the boss or the boss's interests or you will be fired".  In
> every country I know of, such private sector "no joking" rules are
> enforceable law.  Not only that, but there isn't even a reasonable chance
> that the power of the private sector boss to prohibit satire and joking will
> be open for *debate* anytime soon, much less that the ban on private sector
> joking would change.  But *in Brazil's government, the no joking policy
> changed, *thanks to the Brazilian Supreme C*ourt.**
>
> Even internet providers terms of service will have non-disparagement
> clauses and the like.  So, if you are effective enough ridiculing something
> important to the private sector internet provider, you can have your
> connectivity terminated.  If your anti-telcom humor is ineffective or no one
> listens, I grant that you may have an illusion of "freedom" and you might
> not be terminated.  (That's just the freedom to be irrelevant, not the
> freedom to joke about or satirize the telcom.)
>
> To oppose all government involvement is not only completely
> anti-democratic, but in the case of the "freedom to joke" it is like going
> out of the frying pan and into the fire.
>
> *--
> Paul R Lehto, J.D.
> P.O. Box 1
> Ishpeming, MI  49849
> lehto.paul at gmail.com
> 906-204-4026 (cell)
>
>
>
>
>
>
>
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-- 
_________________________
Mobile Number in Namibia +264 81 445 1308
Número de Telemóvel na Namíbia +264 81 445 1308

I am away from Johannesburg - you cannot contact me on my South African
numbers
Estou fora de Joanesburgo - não poderá entrar em contacto comigo através dos
meus números sul-africanos

Rui Correia
Advocacy, Human Rights, Media and Language Consultant
Angola Liaison Consultant

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