If there is one group of people I would not want to piss off, it’s comedians. They may make other people laugh but comedians themselves can be a savage and unforgiving group. Think Tina Faye and Sarah Palin or Jon Stewart and anyone at Fox News. A good comedian can leave someone’s ego in tatters and send him running for mommy.
Maybe it’s that ability Brazilian politicians feared when back in July at the official start of the campaign season, the electoral commission decided to start enforcing a law that prohibited ridiculing a candidate. Specifically, radio and tv personalities cannot create audio or video content that degrades or ridicules a candidate, party or coalition. The fine for a single infraction is R$200,000.
As an American, I was shocked when I read this. Because of course, as an American I know what true democracy is and am its de facto spokesperson when abroad. I know the right to mock politicians is sacred. It’s a cornerstone supporting the entire institution democracy. Freedom to religion, property, guns, and to mercilessly ridicule politicians.
In the midst of my righteous indignation on behalf of free speech, my husband pointed out, correctly, that free speech is a myth. All countries regulate speech in some way. The type of speech that gets regulated is determined by culture. In the US, we allow the most grotesque distortions of facts to be presented as truth. And in addition to Fox News, we also allow political satire. We do, however, regulate speech related to sex. You can call the President a nazi but you can’t say the word vagina.
If there are precedents of regulating offensive speech, then it’s understandable the Brazilian legislature wants to protect the image of the candidates from harmful humor. Right? Turns out most Brazilians are not political candidates themselves, strongly value free speech, and really enjoy satire. Hundreds joined comedians in a protest through Copacabana. Legal experts throughout the country condemned the law. One op-ed in O Globo said the law ignores the fact that truth is often presented through satire. Also, it’s unconstitutional.
A few people who share that opinion, 6 to be exact, are on the Supreme Court and last week voted to suspend the law. Even the justices who dissented agreed the law was never meant to be applied to comedians, but felt its complete suspension was unnecessary. It’s a victory for free speech and Brazilian comedians have something to smile about.
