Rede Globo will have to pay compensation of R$ 36,000 for moral damages to the relatives of a Covid-19 victim, who had the image shown in a report in Jornal Nacional without the family’s authorization, at the beginning of the pandemic.
The victim’s family members allege that they suffered embarrassment, becoming the target of “cursing” in the city, according to the website Metrópoles.
“They were targets of speculation and discrimination, especially in establishments of routine use such as banks, stores and markets, as people whispered to each other and walked away from them, due to fear of the disease,” said the family’s defense.
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The defense highlighted that the relatives did not authorize the use of the man’s image and that they did not even know that the case would be reported. “It is the right of applicants not to want to see the image of the ‘father of the family’ being exposed and linked to this type of situation, and intimacy and privacy must be respected.”
The station argued that the theme of the report, the arrival of the coronavirus in small towns, was relevant. “True facts and of notorious collective interest were disclosed”, the station stated to the Court. “Furthermore, the content of the report is not pejorative, quite the contrary, and absolutely no sensationalist judgment was made”, defends the TV.
The company also said that, as a communication vehicle, it has a duty to inform society about all facts of collective interest, especially when dealing with public health issues. “Freedom of the press is guaranteed by the Constitution.”
Judge Marcos Vinicius Krause Bierhalz said that, although it sought to alert viewers to the progress of the pandemic, the report did not take the family’s feelings into account.
“There was an abuse of the right to information with the violation of the deceased’s right to image. The choice of showing the name and photograph of a single victim in that report has a purely sensationalist nature, imposing deep suffering and a feeling of irresignation on the family members”, said the magistrate.
The broadcaster can still appeal the decision.
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