Minas Gerais State Court decides that publishing news without misrepresenting events does not generate moral damages.
According to a recent decision rendered by the 14th Civil Chamber of the State Court of Minas Gerais, to publish news about a situation that actually occurred, without changing the truth of the facts does not offend the image and honor rights and, therefore, does not generate moral damages.
In the case at hand, the Brazilian Councilman of Divinópolis City Edson José de Souza filed a lawsuit against the Divinews’ Newspaper, for understanding that a report published by the newspaper would be sensationalist, jocular and disrespectful to his honor and image.
On the other hand, The Newspaper argued that the contested news would be about the report made by a journalist, who said he felt threatened after asking a question to the Councilman.
The reporter Judge Ms. Cláudia Maia understood that it is not possible to condemn the Newspaper for a content that only gave publicity to notorious events that occurred in Divinópolis City. Moreover, she did not deny that the content may have caused annoyance to the politician, however, reiterated that Mr. Edson José holds a public office and that he did not prove in the court records the violation of his image and honor that could lead to the duty to pay compensation for moral damages by the newspaper Divinews.
Based on that, the reporter Judge dismissed the appeal filed by the Councilman Edson José de Souza.
Lawsuit No. 1.0000.20.013941-8/001
More information is available at: https://www.conjur.com.br/2020-jul-26/veicular-noticia-falsificar-acontecimentos-nao-gera-danos-morais