The SRFOE publishes Special Report on the State of Freedom of Expression in Brazil

December 26, 2025

Washington, DC—The Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) publishes its Special Report on the Situation of Freedom of Expression in Brazil, based on the official visit to the country between February 9 and 14, 2025, led by the Special Rapporteur for Freedom of Expression, Pedro Vaca Villarreal, accompanied by staff from the SRFOE and the Executive Secretariat of the IACHR.

The Special Report begins with a chapter summarizing the Brazilian legal framework on the right to freedom of expression. The report goes on to analyze the close relationship between the defense of democracy and the guarantee of the right to freedom of expression in seven sections: (i) the role of the State in defending democracy and freedom of expression in the face of threats to the Brazilian constitutional order; (ii) the attribution of subsequent responsibilities for alleged abuses of the right to freedom of expression in accordance with Inter-American standards; (iii) state initiatives to combat unprotected speech; (iv) the fight against deliberate disinformation in light of Inter-American standards; (v) the need to decriminalize desacato and crimes against honor in matters of public interest, as well as to prevent strategic litigation against public participation; (vi) the regulation of the digital environment, including the governance and regulation of platforms and the responsibility of intermediaries; and (vii) the importance of harmonizing parliamentary immunities with Inter-American standards. Finally, the report presents recommendations addressed to democratic institutions as a whole.

The Special Rapporteurship reiterates its gratitude to the Brazilian State for the information provided, the guarantees of free transit, and its openness to international scrutiny. It also acknowledges the individuals and organizations that met with the delegation, including civil society actors, journalists, media outlets, academics, human rights specialists, representatives of digital platforms, and political leaders from various sectors. The breadth and diversity of the actors consulted highlighted the plurality of interests and perspectives in Brazil, which made it possible to formulate conclusions on the situation of the right to freedom of expression in the country.

In this context, the SRFOE hopes that this report will contribute to identifying and evaluating these perspectives, as well as the advances and challenges in the area of freedom of expression, based on the premise that this right is one of the fundamental pillars of a democratic society. Based on existing international standards, the analysis offers tools for the State, through all its organs, to strengthen compliance with its obligations, so that the adequate protection of the right to freedom of expression contributes, always and increasingly, to the defense and strengthening of democracy and the rule of law.

The original document of this report is available in Portuguese. As a courtesy, the SRFOE is providing a preliminary English version here. 

The Special Rapporteurship for Freedom of Expression (SRFOE) is an office created by the Inter-American Commission on Human Rights (IACHR) to promote the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

No. R282/25

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