The journalist’s defense lawyers Denise Legrand will present once the judicial fair is lifted a civil lawsuit against Senator Graciela Bianchi for false information attributed to the communicator. In addition, they will request the right to reply in the legislator’s account, because they understand that it was the means by which the content was disseminated.
“Lula should summon Chavista troops (from Venezuela) to repress the Bolsonaristas,” said the phrase retweeted by Bianchi and that it was on a photo of the journalist. On this, Bianchi opined: “These assertions are very serious.”
As reported to The Observer one of the journalist’s lawyers, Juan Ceretta, the arguments for filing the civil lawsuit are “damages to the professional and personal image” of Legrand.
What the journalist’s sponsors -Ceretta and Juan Raúl Williman- understand is that Bianchi can no longer be based on the fact that she made “a mistake” by spreading false information about Legrand to be exonerated from responsibility, because the legislator always maintained her position that it had replicated the content and that it did not have to be rectified. The amount of money they will claim, which is still being calculated, they intend to donate to a charity to be defined.
the senator Grace Bianchi retweeted on Tuesday the news of the criminal complaint published by La Diaria – the outlet in which Legrand works – and wrote on Twitter that “It is clear that they are trying to limit everyone’s freedom of expression and generate self-censorship.”
Faced with this first complaint, the nationalist senator expressed: “To shut me up they are going to have to kill me.”
After the journalist answered that “it is serious for a senator to replicate fakes,” the senator stated that she “only retweeted serious statements.” “I did NOT affirm that you have pronounced them. If NOT, clarify it, period. It is simple, very simple,” the legislator wrote at that time on her social network.
The text of the criminal complaint indicated that while the publication of the senator with The false information had 617,000 reproductions between January 10 and 23, Legrand’s clarification barely reached 75,000, thus “demonstrating the vastly superior reach” of the legislator.
For that reason, Legrand’s lawyers will also request the right to reply on Bianchi’s social network, covered by article 7 of the communication and information law. Once the request is submitted, the court must summon the parties and if the party responsible does not attend, the competent judge will publish the response. If both parties participate, the Justice will decide whether or not to grant the request at the same hearing or will do so up to three days later.
The response, says article 9 of the law, “will be issued by the corresponding means of communication, within forty-eight hours after the judicial pronouncement” and “at the same time and program, as well as the same emphasis used in the broadcast. that would have caused it, without any intercalation. In cases where the response is not possible by the same means, the sentence will determine another at the expense of the person responsible.
The argument for requesting that Legrand’s message be published on Bianchi’s account is that the social network is the medium that, the lawyers understand, caused the damage, and that publishing it on the journalist’s account would not have the same impact as doing so. in the senator’s; therefore it would not comply with the conditions established in the law.
