Freedom of expression and “filtering” of content in audiovisual policy

the case of ANCINE in the Bolsonaro government

Abstract

This study is in the field of investigations of the tensions between the realization of the right to freedom of artistic expression and the implementation of public policies. A case study was carried out regarding a measure carried out in 2019 by the President of the Republic, Jair Bolsonaro, who, by announcing a filter on the content of artistic works, suspended the public call for ongoing projects at ANCINE. The objective of the study was to evaluate the content of the government decision that intended to implement the “filter” announced on the audiovisual policy; and, as a specific objective, to analyze the performance of the institutions involved in the conflict and theoretical paradigms for future cases. A case study, documentary and bibliographic research based on the ANCINE study that took place in 2019 was adopted as a methodology. The results obtained were that, despite the fact that the institution in charge of the last word did not arrive at a paradigm for future decisions, there was effective performance of institutions in the democratic game, alongside the deficiency of the body entrusted with the role of law enforcement. The announced filter was not implemented in the analyzed case. The institutions' discussions were still structured according to traditional standards regarding legal limits in public policies.