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NY Times Journalist Sued US$ 300,000 for Insulting Brazil PDF Print E-mail
Written by Newsroom   
Wednesday, 30 September 2009

US newspaperman Joe Sharkey American journalist Joe Sharkey, who covered a 2006 plane crash in Brazil between a Boeing 737 (all 154 people aboard the plane died) and a small executive jet in which he was a passenger, faces an onerous civil defamation suit for comments he said were wrongly attributed to him.

On the third anniversary of the accident, which happened on September 29, the Committee to Protect Journalists has called on Brazilian judicial authorities to dismiss the case, which is based on the tenuous claim that the comments insulted the nation of Brazil.

Sharkey, a freelance reporter who contributes regularly to The New York Times and other U.S. outlets, told CPJ that he was served with the complaint on September 16 of this year although the lawsuit was filed in Brazil in 2008.

The plaintiff is identified as Rosane Gutjhar, a resident of Curitiba, the capital of Paraná, in southern Brazil, who claims that Sharkey offended Brazil's honor in comments made on the journalist's blog and in interviews with international media following the crash, according to legal documents reviewed by CPJ.

Gutjhar is asking for a public retraction and 500,000 Brazilian reais (US$ 279,850) in damages, Sharkey said. Gutjhar's suit is based on a provision of Brazilian law that allows private citizens to claim damages for perceived insults against national honor. Such a broad standard for insult is uncommon in the region, CPJ research shows.

Specifically, the plaintiff claims that Sharkey insulted Brazil's dignity by calling it "archaic" and its citizens "idiots." But Sharkey said he did not write the comments cited in Gutjhar's lawsuit. In a letter to CPJ, Sharkey said the quotes cited in the lawsuit can be traced to reader comments published on the Brazilian Magazine Brazzil, which he said were falsely attributed to him.

"We believe that the suit against Joe Sharkey is unfounded as it is based on commentary wrongly attributed to the reporter," said Carlos Lauría, CPJ Americas senior program coordinator. "Brazilian judicial authorities should dismiss this case. Sharkey has the right to report on this tragic accident and voice his opinion on the ongoing investigation."

On September 29, 2006, a mid-air collision killed Gutjhar's husband and 153 other passengers traveling on a Brazilian commercial airliner that crashed with a U.S. business jet at 37,000 feet (11,000 meters) above the Amazon, according to press reports. Sharkey was aboard the business jet with two pilots and four other passengers, all of whom survived after an emergency landing in the jungle, the reporter told CPJ.

According to local and international press reports, Brazilian authorities opened a criminal negligence investigation against the two pilots flying the U.S. business jet. The pilots were detained in Brazil for two months before being allowed to return to the United States, according to news reports.

They are now being tried in absentia. An investigation by the U.S. National Transportation Safety Board pointed to the Brazilian air traffic control system as the probable cause of the crash, according to press reports.

Immediately following the collision, Sharkey reported firsthand for the Times, and gave a series of interviews to U.S. and international outlets as soon as he returned to the United States. He has vigorously criticized Brazilian authorities on his blog and in interviews, characterizing the air traffic control system as very poor.

CPJ research shows that Brazilian businessmen, politicians, and public officials have filed thousands of lawsuits in recent years against news outlets and journalists as a way to strain their financial resources and force them to halt their criticism.

The practice is so common that it's known as the "industry of compensation." The lawsuits are filed in a politicized climate in which lower court judges routinely interpret Brazilian law in ways that restrict press freedom, CPJ has found.

"The case again Joe Sharkey and the onslaught of civil and criminal complaints against Brazilian journalists are unbecoming of a robust democracy such as Brazil," Lauría said. "Brazil must update its defamation laws in a way that protects individual reputations while ensuring a healthy debate of public issues."

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written by PTRio, September 30, 2009
"Brazil must update its defamation laws in a way that protects individual reputations while ensuring a healthy debate of public issues."

Right. I am sure the Brasilian Congress will get on that right away.
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so CH.C
written by Forrest Allen Brown, September 30, 2009
I guess you and i had better watch out we could get sued by a
idiot politican or some drunk on the street .

any one in brasil can sue you in your country but you cant sue a brasilian
in there country .

like do as i say not as i do law

bite me brazil law it is a scrotum sucking jizzum gargling cock sucker
with eyes on your pockets not the rule of law.

so how about the brasilian woman who killed her US marine husban and ran off to brazil for protection

how is that hounduras deal going for you !!!!!!!
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Hmmmmmmm !
written by ch.c., October 01, 2009
And what about the INSULTS my country received from the Brazilian Mediassssss, including from Robbing Hook and his many gangs, concerning the Paula story...which was full of lies ?

How much ?

And what about Robbing Hook daily accusations against the developed nations ?


Lets make a deal.....for US$ 5 billions.
Brazil can easily pay with their $ 225 billion in foreign currencies reserves !

Lets face it
Brazil is one of the worst country, if not the worst, ON EARTH !
They cant stop cheating,lying and hiding...and stealing one way or the other !
This is in their ADN and transmitted from generations to generations.

They also have an important ENDEMIC disease :
THEY CANT STOP CARESSING THEIR NAVEL 24/7 for how good and fair they are !
Despite it is proven the exact opposite in comparative stats and rankings !
One of the worst country on earth for social and wealth INEQUALITY...UNTIL PROVEN OTHERWISE !
They prefer to export CHEAP CHEAP foods instead of feeding their 60 millions of under nourrished citizens. Yesss 30 %
of the population is still under nourrished even in 2009 !
Their healthcare system, even their best, is AWFULLY BAD !
Proven by the many heart surgeries ALENCAR had...and who went to the USA for the surgeries, not in Brazil.
Fully paid by the government curiously, including many staff to accompany him, and in government airplane of course, despite this guy is worth about US$ 200 millions or more !


Who could imagine a Vice President of an emerging nation unless it is a third world country travelling abroad for surgeries or whatever illness or disease ??????
Except Brazil...of course !
And then brazilians cant stop about their "excellent" healthcare system...forgetting people are queuing in their hospitals for daysss and still dont get a fair basic care. For example Just review their annual DENGUE fever MESS !
Especially knowing DENGUE is mostly due to POOR SANITATION AND DIRTS IN THEIR CITIES !

NEVER EVER TRUST A BRAZILIAN WILL REMAIN MY MOTTO FOR AS LONG AS I LIVE !

smilies/grin.gif smilies/wink.gif
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ch.c
written by João da Silva, October 01, 2009
Proven by the many heart surgeries ALENCAR had...and who went to the USA for the surgeries, not in Brazil.
Fully paid by the government curiously, including many staff to accompany him, and in government airplane of course, despite this guy is worth about US$ 200 millions or more !


Objection, Mein Kamaraden. Our Vice President did not go to the U.S. of A for heart surgeries . BUT.....BUT... to cure his intestinal cancer with "experimental drugs". The poor gentleman is having cancer since 1997 and has undergone over 15 surgeries. Please do remember that he is in charge of the country (in spite of his ill health), while our President is away overseas.

I merely wanted to correct some erroneous info (God knows from where) on his health conditions and I hope you appreciate my help. smilies/wink.gif smilies/cheesy.gif
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Joao !
written by ch.c., October 01, 2009
You could be right but may be not 100 % !
Because at the same time he also got ......"a stent was placed in one of his heart arteries to help the blood flow. ..."

Anyway...whatever his disease or illness is/was my question remains unanswered :
"Who could imagine a Vice President of an emerging nation unless it is a third world country travelling abroad for surgeries or whatever illness or disease ?????? "

As you can see I did not insisted specifically on his heart but on his..... surgeries or whatever illness !!!!!!!!!!

But now let me underline more specifically........especially from a country who cant stop pretending to be at the forefront of the healthcare science & technology ???????????????????????????????????

Could he not get treatment or surgeries in such a "developed" country that Brazil pretends to be ?

Could you imagine the President, Vice President, Minister of the USA, Canada, Europe, China, Australia, Russia, India, Indonesia going in another country for their whatever disease......and as I said......especially from a country who cant stop pretending to be at the forefront of the healthcare science & technology ???????????????????????????????????

Waiting....anxiously ( smilies/grin.gif) your comments !

Ohhhh and a few speciasl one for you, related to the above...somewhat :
- Brazilian Mission Trains Algerian Doctors in Children Heart Surgery !
- A Brazilian Step to Become World Reference in Heart Treatment !
- my dear minister of Health and fellow countrymen, how many hospitals like this one need to be built in other Brazilian states so that we may, once and for all, be regarded as an example to the world in healthcare," said Lula, in an address at the hospital. -
- Syrian-Lebanese hospital in Brazil has pioneered in several activities, including robotic surgery, digital mammographies and fourth dimension radiotherapy, among others

And last but not least, here is what Bo said a while ago :
" The three best hospitals in this city are called Gol, Varig, and Tam!!"


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ch.c
written by João da Silva, October 02, 2009
"Who could imagine a Vice President of an emerging nation unless it is a third world country travelling abroad for surgeries or whatever illness or disease ?????? "


May be he goes there to study first hand, the latest advancements in medicine, cancer treatment, heart surgery, etc; so that he can implement them here. Lets not forget that he has said many times that he has become a "guinea pig" for the doctors. Regardless, one has to admire his resilience ,courage and will power to live, in spite of the various surgeries and chemo therapies he is undergoing.

As for your other comment:

For example Just review their annual DENGUE fever MESS !
Especially knowing DENGUE is mostly due to POOR SANITATION AND DIRTS IN THEIR CITIES !


In order to combat this disease and also to fight other diseases like Swine Flu, the government is going to introduce a new tax called CSS and it is likely to be approved by the congress before the end of the year. Once the funds start coming in, these problems are also solved. So if you are planning to visit us, please make sure that you do in the second half of 2010 to avoid catching such dreadful diseases. smilies/wink.gif smilies/cheesy.gif smilies/grin.gif
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Sharkey is a serious journalist
written by ZeManeh, October 13, 2009
Sharkey, when citing news, reports, and facts from Brazil uses the expression “Down the Rabbit Hole...” due to the likeness of the entrance to a rabbit's burrow or warren in Alice's Adventures in Wonderland, and so, Brazil as being an absurd and improbable world inhabited by many strange characters. He refers to Federal Police as the Brazilian Keystone Kops; the congress as “Kongressional Kapers”. He refers to “Lucky Lula” as the “Generalissimo of the School Safety Patrol”. He compares Brazilian justice with a Three Stooges short "Disorder in the Court". Reading comments here, I think he is right and he has not insulted Brazil. All these metaphors do not defame Brazil; it is a serious journalist reporting the evidences of an aircraft accident.
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