Post by xyz3000 on Feb 12, 2024 1:20:12 GMT -8
The journalistic company that economically exploits the newspaper and publishes news must be held responsible for any damages suffered by third parties. In the case of offensive news, which was modified by the editor, the blame lies with the company and not with the journalist who signed the text. This was the understanding of the 5th Chamber of Private Law of the Court of Justice of São Paulo to condemn the newspaper Notícias Populares (defunct publication owned by Grupo Folha) to pay compensation for moral damages to the singer Lucila Novaes. The newspaper published a report, signed by journalist Daniel Gonçalves, in which he suggests that the singer took advantage of a raid inside a restaurant to sell copies of her CD.
The Court understood that the news revealed did not serve journalistic purposes, but rather jocular purposes. For the São Paulo TJ, the report offends the dignity of the person by suggesting that the author of the action had an inelegant and inconvenient stance with the aim of advertising Estonia Email List her album. “The attitude suggested by the news would be to take advantage of the confusion that started with the robbery at the restaurant”, pointed out the rapporteur of the action, judge Márcia Blanes. For the rapporteur, the moral damage is evident. Contrary to what the newspaper argued, the news did not reflect reality and was biased. “The title of the news, the photo of the author and the entire content of the publication suggest facts that did not occur.
On the contrary, the restaurant was robbed and the author, now being appealed, was there with her family, with no intention of advertising her CD”, understood the judge. In the first instance, the newspaper had been ordered to pay compensation of 100 minimum wages. The newspaper Notícias Populares appealed the decision, claiming that the moral damage had not been proven. The singer asked for an increase in the compensation amount and reporter Daniel Gonçalves argued that she was an illegitimate party to the process. The São Paulo TJ upheld the journalist's appeal, ruling the case against him extinct and reducing the amount of compensation to be paid by the newspaper to 30 minimum wages. Judges Maury Ângelo Bottesini and Ana Luiza Liarte voted.
The Court understood that the news revealed did not serve journalistic purposes, but rather jocular purposes. For the São Paulo TJ, the report offends the dignity of the person by suggesting that the author of the action had an inelegant and inconvenient stance with the aim of advertising Estonia Email List her album. “The attitude suggested by the news would be to take advantage of the confusion that started with the robbery at the restaurant”, pointed out the rapporteur of the action, judge Márcia Blanes. For the rapporteur, the moral damage is evident. Contrary to what the newspaper argued, the news did not reflect reality and was biased. “The title of the news, the photo of the author and the entire content of the publication suggest facts that did not occur.
On the contrary, the restaurant was robbed and the author, now being appealed, was there with her family, with no intention of advertising her CD”, understood the judge. In the first instance, the newspaper had been ordered to pay compensation of 100 minimum wages. The newspaper Notícias Populares appealed the decision, claiming that the moral damage had not been proven. The singer asked for an increase in the compensation amount and reporter Daniel Gonçalves argued that she was an illegitimate party to the process. The São Paulo TJ upheld the journalist's appeal, ruling the case against him extinct and reducing the amount of compensation to be paid by the newspaper to 30 minimum wages. Judges Maury Ângelo Bottesini and Ana Luiza Liarte voted.