LABSUL PARTICIPATES IN A RESEARCH ON DISINFORMATION IN THE JUDICIARY AT AMB/CPJ AND UNESCO

LABSUL members Gustavo Silveira Borges and Vivian Maria CaxambuGraminho participated as consultants in the research entitled “What is disinformation in the Brazilian judiciary?: An analysis of the jurisprudence of the superior courts on fake news” in a national survey carried out by the Center for Practices (CPJ) by the Center for Judicial Research of the Association of Brazilian Magistrates (AMB) in partnership with the National School of the Judiciary (ENM), Fundação Getúlio Vargas-SP (FGV-RJ), the Graduate Program in Law of the University Federal do Rio Grande do Sul (PPGD/UFRGS) and UNESCO.

Gustavo Silveira Borges participated as one of the Scientific Coordinators and consultant, and Vivian Maria CaxambuGraminho as a consultant. General coordination was provided by the Minister of the Superior Court of Justice, Min. Luis Felipe Salomão and Frederico Mendes Júnior.

This research aimed to identify the parameter that the Brazilian Judiciary uses to characterize Fake News/Disinformation, based on a mapping of decisions on the subject, with a cut of decisions from January 1, 2019, to October 30, 2022.

As specific objectives, the research included: (a) the mapping of the decisions of the Brazilian Superior Courts, in particular, the decisions that address the topic of Fake News/Disinformation, through research carried out directly on the websites of the Courts, using the word- key “Fake News,” with cut in the period from January 1, 2019, to October 30, 2022; (b) evaluation of how these courts articulate Fake News/Disinformation, based on the detection of identifiable patterns in judicial cases on the subject; and (c) carry out, with the help of UNESCO, a comparative analysis between Brazilian and international decisions on Fake News (disinformation), based on international decisions collected in the IACHR (Inter-American Court of Human Rights). Theoretical frameworks were developed on Fake News and Disinformation and the applicable International Human Rights Standards compared to the Brazilian regulatory context.

The initial results of this research were reached from the quantitative and qualitative approaches, with the survey of the decisions of the Superior Courts.

Full report link: https://cpj.amb.com.br/wp-content/uploads/2023/07/O-que-e-desinformacao-no-Judiciario-Brasileiro.pdf