An ally in the fight against misinformation, the movement is also seen as fostering an environment of intolerance, censorship and cancellations
In the first half of June, the Court of Justice of São Paulo (TJ-SP) denied an appeal by the digital activist movement Sleeping Giants Brasil (SGBR) in a lawsuit against Jovem Pan. In the ruling, judges Ana Maria Baldy, Gilson Miranda and Mourão Neto upheld in full the previous decision of the first instance that had classified the movement’s actions against the broadcaster as a “defamatory campaign”.
“Freedom of expression is constitutionally enshrined and guided by the binomial freedom and responsibility. In other words, the exercise of this right cannot be used as a true protective shield for the practice of illicit activities,” stated Gilson Miranda in the ruling, citing Supreme Court Justice Alexandre de Moraes. The excerpt mentioned by the judge is contained in a ruling by Moraes from July 2022, within the scope of an action by the Supreme Court, which blocked the profiles of the Partido da Causa Operária (PCO) on social media.
In the decision of the São Paulo Court of Justice, the text was used to illustrate the understanding of the judges in upholding the first instance conviction of the activist group. In the judges’ view, the freedom of expression alleged by the movement was an organized campaign to monetarily suffocate the traditional media outlet.
“The campaign promoted by the content generator did not have the purpose of simply disseminating facts, broadcasting news, providing journalistic information or merely formulating criticism. […] In fact, it had the objective of strangling or financially asphyxiating the appealed broadcasting company, actively, coordinatedly and massively promoting the cutting of revenues from its advertising spaces”, argued judge Gilson Miranda in the ruling.
Grupo Jovem Pan’s lawyer, José Frederico Manssur, stated in an interview with the broadcaster at the time that the courts found that Sleeping Giants Brasil had the “sole objective of harming a press agency that thinks differently from them. And, more importantly, the judge reiterates that these activities are illegal,” he emphasized.
According to the lawyer, the recent decision by the Court has concluded the case once and for all within the scope of the TJ-SP. “The case before the Court of Justice is concluded, and the factual issues are now consolidated. Eventually, there may be an appeal to the Superior Court of Justice, but only legal issues will be analyzed,” explained José Frederico Manssur.
Sleeping giants
Created in the United States in November 2016 with the aim of “economically undermining websites, pages and profiles that spread misinformation, hate speech, intolerance and extremism”, the Sleeping Giants movement arrived in Brazil in May 2020, during the Covid-19 pandemic, based on academic research carried out by then law students Humberto Ribeiro, Leonardo Leal and Mayara Stelle. Like other versions of the cyberactivist movement operating in countries such as Australia, Canada and France, Sleeping Giants emerged in Brazil with the mission of demonetizing what it classifies as “misinformation content” and “a well-established fraudulent and hateful ecosystem on the internet”.
Read the full article in the edition of propmark August 12, 2024
