STRASBOURG, France (CN) — Europe’s top rights court on Tuesday tossed out the largest defamation fine in Portugal's history, citing the importance of independent media in a democratic society.
The European Court of Human Rights found that the 145,000 euro ($170,000) fine a Portuguese media company was ordered to pay to a politician for connecting him to a pedophile ring was too large.
“While it is not possible to conclude that there was no harm at all to [Ricardo Rodrigues’] right to a reputation and honor, the court finds it difficult to accept that the injury to [his] reputation in the present case was of such a level of seriousness as to justify an award of that size,” the Strasbourg-based court wrote.
The case dates back to 2002 revelations about an extensive pedophile ring operating from state-run institutions for orphans. After victims came forward, it was revealed that, for decades, an employee of Casa Pia had been running a male child prostitution network involving schools and facilities for poor children.
In a series of 2003 broadcasts, two major television channels in Portugal, SIC and SIC Notícias, reported on the resignation of Rodrigues, who at the time was regional secretary of agriculture and fisheries for Portugal's Azores region. Rodrigues denied involvement in the pedophile ring but said rumors about it were preventing him from doing his job.
“I have nothing to do with proceedings that have come to the public’s attention, mentioned on some media platforms, relating to any case of sexual abuse of minors. I cannot, however, ignore the existence of rumors', insults directed at me, connected with the proceedings in question,” he said in a statement at the time.
In 2004, SIC Notícias mistakenly reported that Rodrigues had been in court during a hearing for 12 suspects in the case. The broadcaster later issued a correction, indicating that he wasn’t in court and hadn’t been charged in the case.
Rodrigues brought a suit against both the media company and the journalist who had done much of the reporting about his resignation, Estêvão Gago da Câmara, for reputational damage. A lower court awarded Rodrigues 145,000 euros ($170,000) in damages, the highest award ever given in Portugal for defamation. Though the verdict against the journalist was tossed out on appeal, the Portuguese Supreme Court upheld the decision against the publication.
On Tuesday, the rights court concluded that while the media has an obligation to ensure what they report is accurate, large fines can have a chilling effect on the freedom of expression and the press.
“The press plays an essential role in a democratic society,” the seven-judge panel wrote, highlighting the importance of the role of independent media outlets in their decision. The court, created in 1953 by the European Convention on Human Rights, protects the political and civil rights of Europeans.
“Although it must not overstep certain bounds, in particular in respect of the reputation and rights of others, as well as the need to prevent the disclosure of information received in confidence, [the media’s] duty is nevertheless to impart – in a manner consistent with its obligations and responsibilities – information and ideas on all matters of public interest,” the ruling states.
The judges awarded SIC 4,000 euros ($4,700) in damages and said the media company can ask the domestic courts to return the fine it paid to Rodrigues.
Rodrigues has continued his career as a politician and currently serves as the mayor of Vila Franca do Campo, a town on one of the Azores islands, an archipelago in the Atlantic Ocean off the coast of Portugal.
Six people were ultimately convicted of child sexual abuse following the longest trial in Portugal's history. Several prominent Portuguese political and media figures were found to have paid for sex with boys as young as 8, including Carlos Cruz, a popular TV presenter and producer, and Jorge Ritto, a former diplomat. Nearly 1,000 witnesses, including 31 victims, testified over six years. It was the first time in the country’s history that an institutional sex abuse scandal had gone to trial.
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