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The newspaper linked the narrative to a sensationalist headline, attributing active conduct to the victim in light of the incident and raising moral doubts about his behavior.

From the Editor

 

Thursday, May 23, 2024

 

Updated at 10:13

 

For the 4th class of the STJ, a press organization commits an illegal act by publishing a true fact, even without identifying the people involved by name, if the publication offends the honor of a victim of a rape crime.

 

Based on this understanding, the collegiate condemned a news website to pay R$50,000 in moral damages to a girl, due to the publication of an article that, when reporting the rape suffered by her before turning 14, linked the narrative to a sensationalist headline, attributing active conduct to the victim and raising moral doubts about his behavior.

 

In the article, the website referred to the victim as "young" and insinuated that she had had sexual relations with her stepfather, instead of reporting that she was a victim of rape, in addition to holding her responsible for an alleged "family shack". The publication led the victim to file a lawsuit seeking compensation for moral damages.

 

However, the first instance court ruled the action unfounded, removing the website's civil liability on the grounds that, although there was excess in the title of the article, the conduct of the online newspaper was protected by freedom of expression and the press. Furthermore, he considered that there was no damage to the minor's image, since the news did not contain objective data that would allow her identification. This decision was maintained by the TJ/SP.

 

 

STJ orders website to pay R$50,000 for news that defamed rape victim as vulnerable. (Image: Freepik)

The rapporteur of the appeal at the STJ, minister Marco Buzzi, stated that the headline used serious terms that were highly offensive to the honor and dignity of the minor, a victim of sexual abuse, but was treated in a rude, pejorative and prejudiced way, as if she were guilty of her own rape.

 

The judge highlighted that, although the website did not inform the names of the people involved, the offensive terms used came to the attention of the victim and his family, who easily realized that the matter was related to the fact experienced by them, thus characterizing themselves as , serious defamation of the minor.

 

The rapporteur considered that the offense to individual honor does not only occur with the public disclosure of a vexatious fact, but also when the attack is directed at the individual, who may feel affected by rude and derogatory words, either when published on the internet or when spoken directly to the offended party.

 

"Thus, despite the press organization's care in omitting the data of those involved in the incident, it is evident that the crude and vexatious concepts expressed in the headline of the article, in relation to the victim of the crime of rape of a vulnerable person, have the power to affront the intimate honor of the minor and cause psychological harm to her (article 21 combined with 17 of the Civil Code and article 17 of the Child and Adolescent Statute - ECA)."

 

Marco Buzzi also highlighted that, according to the jurisprudence of the STJ, the care to be taken by the press organs, when publishing news involving minors, must be redoubled, given the duty imposed on the entire society to protect the rights and well-being -being of the developing person (articles 16 and 17 of the ECA).

 

The number of this process is not disclosed due to judicial secrecy.

 

 

link: https://www.migalhas.com.br/quentes/407960/stj-site-e-condenado-em-r-50-mil-por-difamar-vitima-de-estupro