Falha de S. Paulo

Last updated

Falha de S. Paulo [1] was a Brazilian humorous website devoted to satirizing the Brazilian Folha de S.Paulo newspaper. [2] [3] The website was maintained by two brothers, Lino and Mario Bocchini (journalist and designer, respectively [4] [5] [6] ) and was shut down after Folha sued them claiming they used their brand inappropriately by trying to mimic their graphic design, font and logo. [2] Both brothers, however, accused the newspaper of trying to censor them and received support from multiple personalities and organizations.[ who? ]

Contents

The website

Brothers Lino (left) and Mario (right) Bocchini, creators of the website, appearing on the case at the Court of Law of the State of Sao Paulo. Lino e Mario Bocchini.jpg
Brothers Lino (left) and Mario (right) Bocchini, creators of the website, appearing on the case at the Court of Law of the State of São Paulo.

The website was first published in September 2010. It featured a logo identical to that of Folha, except that the first "o" was replaced by an "a" so that it read "Falha de S. Paulo", which translates as "Failure of S. Paulo". [3] [7] The website made fun of the newspaper's coverage, [8] especially of what they perceived to be a tendency of the newspaper to favor of José Serra against Dilma Rousseff during the 2010 Brazilian presidential rally in which the two candidates faced each other on the second round. [6] [7] The Bocchinis criticized the fact that Folha, unlike O Estado de S. Paulo and CartaCapital , for example, would not declare its political preferences and even claimed not to have one. [9]

Besides making fun of the newspaper's coverage, they also edited pictures such as one in which Folha's director, Otávio Frias Filho, was dressed like Darth Vader, a villain in the Star Wars franchise. [10] [11]

Preliminary injunction and lawsuit

Audience at the Court of Law of the State of Sao Paulo in February 2013 to discuss the case. Audiencia TJSP Folha x Falha.jpg
Audience at the Court of Law of the State of São Paulo in February 2013 to discuss the case.

Claiming inappropriate usage of their brand, Folha obtained a preliminary injunction in October 2010 that required the website to be deactivated. [3] [5] [11] They also filed a lawsuit for personal injury. [7] [11] The injunction, given to Mario on the first day of October 2010, imposed a R$1,000 fine for each day the brothers failed to keep the website down. The fine was less than the R$10,000 originally requested by the newspaper. [5] [10] On 4 October, the brothers were informed by Registro.br (the entity that manages all domains ending with .br) that the domain www.falhadespaulo.com.br would remain shut down to comply with the injunction. [5]

In a May 2011 audience, Folha, through its legal representative Taís Gasparian, said it wouldn't mind if the website were back online as long as the brothers refrained from using the newspaper's graphical project, logo, font, etc. The Bocchinis rejected the offer, claiming it would impede the parodies. The Bocchinis counter-offered the option of having a disclaimer near the logo warning readers that they were not browsing the newspaper's website. The newspaper did not reply to the offer immediately, but promised to do so later. [12]

In 2013, the case was taken to the Court of Justice of the State of São Paulo, which decided to maintain the decision of its lower court, reiterating the brand usage rights argument. [13] In 2015, the case was accepted for hearing by the Brazilian Superior Court of Justice, where it awaits minister Marco Buzzi. [14]

Reactions

Multiple personalities and organizations expressed support to the brothers and/or criticized Folha's decision to sue. Among people who commented on the case are WikiLeaks founder, Julian Assange; [15] then host of CQC , Marcelo Tas, and Casseta & Planeta host, Cláudio Manoel; [16] musician and ex-minister of culture Gilberto Gil; [17] and journalists Juremir Machado da Silva, [18] Guilherme Scalzilli, [19] Luís Nassif [20] and Celso Lungaretti. [21]

The non-governmental organization Reporters Without Borders published a note asking Folha to rethink its decision and pointing that while the newspaper could afford good lawyers, the brothers were experiencing difficulties financing their defense. [6] The note also accused the traditional media, "controlled by a handful of influential families" of ignoring the case. [6] The NGO also said that Folha's attempt to "financially asphyxiate a media outlet" represented "a new form of censorship" and that its end could open "a dangerous precedent in terms of right of caricature, part of the freedom of expression and opinion." [6] The Professional Journalists of São Paulo Union took part in a protest that demonstrated against, among other things, the justice's decision demanding the shutdown of Falha. [22]

A group of bloggers started a movement called "censura eu, Folha" (censor me, Folha) in response to the case. [8] The case was the theme of an audience at the Participatory Legislation Commission at the Chamber of Deputies of Brazil on 27 October 2011. [23]

Suzana Singer, then Folha's ombudsman, wrote in her column at Folha itself that she recognizes the newspaper's right to preserve its brand, but that she believes the maneuver caused more damage to the newspaper than to the website: [3]

[...] it's no good to a progressive media outlet - which considers itself "the newspaper of the future"- to scrimp a homemade blog, one that is appellative, no doubt, but harmless. In this battle of David against Goliath, the role of the evil giant was played by Folha, which had its image much more damaged than if it had simply ignored the brothers' little rocks.

By the end of 2010, the Bocchinis published what was described as an e-mail by Singer sent to Folha journalists. In her message, she supposedly commented on the repercussion of the case in many outlets (including international ones) and ended stating that "the newspaper should write about the lawsuit, make a story with both sides of the case and better explain its position. It's no longer possible to pretend nothing is happening." [24]

When confronted by Lino Bocchini, Folha's executive editor Sérgio Dávila denied that the company was acting to censor the website, and he strengthened the argument of brand preservation: [25]

Folha is not censoring Falha de SPaulo [sic] blog. It's a brand problem. At no time did Folha forbid or restrict the blog's content. The satire, in no moment, is under discussion. You know that Folha does not have this censorial attitude. Folha is an independent, non-party outlet.

Desculpe a Nossa fAlha and websites hosting Falha's content

After the website's end, the Boccinis decided to keep a website about the case called Desculpe a Nossa fAlha (Excuse Our fAilure), where they publicized their version of the facts, uploaded documents relating to the lawsuit [26] [27] and posted a clipping of the case's repercussion in Brazil and in the world. [28]

Despite the website's end, some people started blogs and social media pages to host part of the lost content of Falha de S. Paulo. [29]

Related Research Articles

<span class="mw-page-title-main">Universo Online</span> Brazilian web content, products and services company

Universo Online is a Brazilian web content, products and services company. It belongs to Grupo Folha enterprise.

Folha de S.Paulo, also known as simply Folha, is a Brazilian daily newspaper founded in 1921 under the name Folha da Noite and published in São Paulo by the Folha da Manhã company.

<i>Orfeu</i> 1999 film directed by Carlos Diegues

Orfeu is a 1999 Brazilian romantic drama film directed by Carlos Diegues, and starring Toni Garrido, Patrícia França and Murilo Benício. Based on the play Orfeu da Conceição by Vinicius de Moraes, the film retells the Greek legend of Orpheus and Eurydice, setting it in the modern context of Rio de Janeiro during Carnival.

<span class="mw-page-title-main">Ethevaldo Mello de Siqueira</span> Brazilian writer (1932–2022)

Ethevaldo Mello de Siqueira was a Brazilian journalist, science writer, consultant and publisher, specializing in new technologies. He wrote a weekly column on the subject for the O Estado de S. Paulo newspaper. Since 1967, he was a collaborator of Veja magazine and a commentator on Rádio CBN, from 2006, with a daily column called Digital World.

<i>Entranced Earth</i> 1967 film

Entranced Earth is a 1967 Brazilian Cinema Novo drama film directed by Glauber Rocha. It was shot in Parque Lage and at the Municipal Theatre of Rio de Janeiro. The film is an allegory for the history of Brazil in the period 1960–1966.

Censorship in Brazil, both cultural and political, occurred throughout the whole period following the colonization of the country. Even though most state censorship ended just before the period of redemocratization that started in 1985, Brazil still experiences a certain amount of non-official censorship today. The current legislation restricts freedom of expression concerning racism and the Constitution prohibits the anonymity of journalists.

<span class="mw-page-title-main">Partido da Imprensa Golpista</span>

Partido da Imprensa Golpista is a term used by left-wing Brazilian websurfers since 2007 to characterize an alleged attitude of the Brazilian mass media towards President Luiz Inácio Lula da Silva during the 2006 presidential election. The term was popularized by journalist Paulo Henrique Amorim in his blog. Whenever he uses the term, Amorim writes it with an "i" in lowercase as a pun with the name of the web portal "iG". where he was a journalist before he was dismissed on March 18, 2008, which he describes as a process of "ideological cleansing".

<span class="mw-page-title-main">Laerte Coutinho</span>

Laerte Coutinho, known mainly as simply Laerte, is a Brazilian cartoonist and screenwriter, known for creating comic strips such as Piratas do Tietê.

<i>Como se Tornar o Pior Aluno da Escola</i> 2017 film directed by Fabrício Bittar

Como se Tornar o Pior Aluno da Escola is a 2017 Brazilian comedy film based on the eponymous book by comedian Danilo Gentili. The film was directed by Fabrício Bittar and the screenplay was written by Gentili with collaborations from various other writers.

The Nikkey Shimbun or the Jornal do Nikkey was a Japanese language newspaper published in Liberdade, São Paulo, Brazil. It was one of two Japanese newspapers published in that city, the other being the São Paulo Shimbun. On December 18, 2021, the newspaper printed its last edition.

The São Paulo Shimbun was a Japanese-language newspaper established in 1946 and published in São Paulo, Brazil. It was one of two Japanese-language newspapers in the city. On January 1, 2019, the newspaper printed its last edition, with no specific plans to continue its operations online.

<span class="mw-page-title-main">Criticism of TV Globo</span>

Criticism of TV Globo refers to the extensive history of controversies involving the Brazilian television network monopoly, which has an unparalleled ability to influence Brazil's culture and shape the country's public opinion. The owners of Rede Globo had enriched themselves with government favors to become billionaires. The Globo Grupo are remanagment the branding in the internet for self-promote since 2010's decade.

<span class="mw-page-title-main">Felipe Machado</span> Brazilian journalist, writer and musician

Luis Felipe Machado de Oliveira is a Brazilian journalist, writer and musician. He is currently the Communications Director for Worldfund, a nonprofit organization with educational projects. His journalistic career includes leading positions at a few of Brazil's most relevant media companies, such as O Estado de S. Paulo, R7 and Diário de S.Paulo. As a writer, he produced two novels, two non-fiction works and an award-winning children's book.

<span class="mw-page-title-main">Marcelo Mirisola</span>

Marcelo Mirisola is a contemporary Brazilian author. He is usually known for his scatological, innovative, and comic writing style, and for his ingenious interplay between autobiography and fiction. His literary production includes short stories, novels, chronicles, and theater pieces, and is influenced by authors like John Fante, Henry Miller, Charles Bukowski, Louis-Ferdinand Céline, and Marcia Denser, among others. He has collaborated regularly for Brazilian magazines, newspapers and websites. Mirisola holds a bachelor's degree in law, but has never practiced the profession. In 2020 Mirisola won a prize from the Programa de Ação Cultural (PROAC) as a recognition for his outstanding body of work.

<span class="mw-page-title-main">Largo da Batata</span>

Sérgio Dávila is a Brazilian journalist, and the current editor-in-chief of Folha de S.Paulo, taking over the post after Maria Cristina Frias stayed on it for 7 months.

Associação Brasileira de Jornalismo Investigativo is an organization for Brazilian Journalists wanting to exchange information, experiences, and tips about investigative journalism. They are a non-profit association maintained by the journalists themselves. Some of their goals include: holding congresses, seminars, and specialized workshops; taking care of the professional improvement of journalists; publishing books on the subject; and hosting forums for exchanging experiences.

O Antagonista is a Brazilian independent investigative journalism website aligned with the political right.

<span class="mw-page-title-main">Nabil Bonduki</span> Brazilian architect and urban planner

Nabil Georges Bonduki is a Brazilian architect, urban planner, university professor, author, and politician. He holds the position of Full Professor of Urban Planning at the University of São Paulo (USP) and serves as a visiting professor at the University of California, Berkeley.

References

  1. ↑ spelled "Falha de S. Paulo", with a space before "Paulo", unlike "Folha de S.Paulo", spelled without the space.
  2. 1 2 "Folha de S.Paulo tira do ar, na Justiça, site que a criticava". R7 . Grupo Record. 5 October 2010. Retrieved 12 December 2015.
  3. 1 2 3 4 Singer, Suzana (9 January 2011). "David e Golias". Folha de S.Paulo . Grupo Folha . Retrieved 11 December 2015.
  4. ↑ Vier, Suzana (22 November 2010). "Liberdade limitada". Rede Brasil Atual. Archived from the original on 22 December 2015. Retrieved 12 December 2015.
  5. 1 2 3 4 Scriboni, Marília (4 October 2010). "Liminar retira do ar site que satirizava a Folha". Consultor Jurídico . Retrieved 12 December 2015.
  6. 1 2 3 4 5 "A Folha de São Paulo se prestigiaria desistindo das ações judiciais contra um blog satírico independente". Reporters Without Borders . 22 December 2010. Retrieved 11 December 2015.
  7. 1 2 3 Downie, Andrew (27 December 2010). "Brazilian paper sues over satire". Financial Times . Retrieved 11 December 2015.
  8. 1 2 Corazza, Felipe (7 October 2010). "Censura a blog que satirizava a Folha gera reação na web". CartaCapital . Editora Confiança. Retrieved 11 December 2015.
  9. ↑ Kaiser, Katrina (25 May 2012). "Sorry We're Not Sorry: Interview with Lino Bocchini of Falha de S. Paulo". Electronic Frontier Foundation . Retrieved 12 December 2015.
  10. 1 2 Bocchini, Lino (13 October 2013). "Caetano e Folha tentam esconder suas "Falhas"". CartaCapital . Editora Confiança. Archived from the original on 22 December 2015. Retrieved 12 December 2015.
  11. 1 2 3 Sterling, Bruce (19 December 2010). "More Brazilian Cyberpolitics". Wired . Condé Nast Publications . Retrieved 12 December 2015.
  12. ↑ "Audiência entre Folha e fAlha termina sem acordo, mas site pode voltar ao ar". Potal Comunique-se. 26 May 2011. Archived from the original on 13 December 2015. Retrieved 12 December 2015.
  13. ↑ Carvalho, Igor (20 February 2013). "TJ-SP mantém censura ao blogue Falha S. Paulo". Fórum . Publisher Brasil. Archived from the original on 24 May 2013. Retrieved 12 December 2015.
  14. ↑ "Processo da Folha de S. Paulo contra blog satírico chega ao STJ". Comunique-se. Grupo Comunique-se. 15 January 2015. Archived from the original on 13 December 2015. Retrieved 12 December 2015.
  15. ↑ Chade, Jamil (23 December 2010). "'Ainda há material de impacto sobre EUA', diz fundador do WikiLeaks". O Estado de S. Paulo . Grupo Estado. Retrieved 11 December 2015.
  16. ↑ "Marcelos Tas (CQC) e Claudio Manoel (Casseta & Planeta) condenam censura da Folha ao blog Falha de S.Paulo". Desculpe a Nossa fAlha. 8 November 2010. Retrieved 11 December 2015.
  17. ↑ ""Por que eles não processaram o Caetano?", pergunta Gilberto Gil sobre Falha de SPaulo". Portal Imprensa. 16 November 2010. Retrieved 11 December 2015.
  18. ↑ Silva, Juremir Machado da (13 October 2010). "O novo eixo do mal". Correio do Povo . Grupo Record. Archived from the original on 22 December 2015. Retrieved 12 December 2015.
  19. ↑ Scalzilli, Guilherme (19 January 2011). "O modelo Folha de liberdade de expressão". Blog do Guilherme Scalzilli. Retrieved 12 December 2015.
  20. ↑ Nassif, Luís (9 January 2011). "Da série Ombudsman sofre: o caso Falha". Blog do Luís Nassif. Jornal GGN. Retrieved 12 December 2015.
  21. ↑ Lungaretti, Celso (10 December 2010). "A "Folha" e a liberdade de expressão: macaco, olha o teu rabo..." Náufrago da Utopia. Retrieved 12 December 2015.
  22. ↑ "Sindicato participa de ato por democracia e liberdade de expressão nesta quarta,27". Sindicato dos Jornalistas Profissionais no Estado de São Paulo. Retrieved 12 December 2015.
  23. ↑ "CLP discute silêncio da mídia no caso Folha x Falha". Site da Câmara dos Deputados do Brasil . 27 October 2011. Retrieved 12 December 2015.
  24. ↑ "FalhaLeaks! Vazou a crítica interna da ombudsman da Folha!". Desculpe a Nossa fAlha. 23 December 2010. Retrieved 12 December 2015.
  25. ↑ ""A Folha não está censurando o blog Falha de SPaulo", diz Sérgio Dávila". Portal Imprensa . 26 November 2010. Retrieved 11 December 2015.
  26. ↑ "Aqui os detalhes do processo da Folha que tirou a fAlha do ar. #CensuraTogada". Desculpe a Nossa fAlha. 8 October 2010. Retrieved 12 December 2015.
  27. ↑ "Confira os principais pontos da nossa defesa juidicial contra a censura da Folha". Desculpe a Nossa fAlha. 3 November 2010. Retrieved 12 December 2015.
  28. ↑ "Quem já noticiou". Desculpe a Nossa fAlha. Retrieved 12 December 2015.
  29. ↑ Magro, Maira (21 December 2010). "Brazilian court upholds censorship of title of parody newspaper site". Journalism in the Americas . University of Texas at Austin. Archived from the original on 22 December 2015. Retrieved 12 December 2015.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.