Court Rejects SBT’s Election Argument and Upholds Hilton’s Right of Reply

Court Rejects SBT’s Election Argument and Upholds Hilton’s Right of Reply
A São Paulo court has rejected SBT’s latest appeal and kept in force an order requiring Programa do Ratinho to air federal deputy Erika Hilton’s right of reply before the first round of Brazil’s October election. The broadcaster has 10 days to comply and faces a daily fine of 50,000 reais if it does not.

SBT’s central argument was electoral timing. The network said broadcasting Hilton’s response during the campaign could give her an advantage as a candidate and sought a temporary suspension of the order. Judge Mario Chiuvitte disagreed, drawing a distinction between a judicial remedy and campaign promotion. “The status of a candidate lawmaker neither immunizes the aggressor nor suspends the effectiveness of the decision,” he said.

The ruling stems from comments made by host Carlos Roberto Massa, known as Ratinho, after Hilton was chosen to chair the Chamber of Deputies’ Committee for the Defense of Women’s Rights. According to the court’s account, the host questioned her suitability for the role because she is a transgender woman. Chiuvitte found the remarks went beyond the limits of freedom of expression, describing them as a repeated and degrading denial of Hilton’s gender identity and womanhood.

Both accounts agree on the practical outcome: Hilton’s video must be shown on the programme with the same timing, prominence and duration as the original remarks. The difference lies in the competing rationale. SBT framed its request around avoiding a possible electoral benefit; the court treated the broadcast as an enforceable right of reply, unaffected by the election calendar.

The court also declined SBT’s request to set a prior cap on the financial penalty, saying the sanction was needed to ensure compliance given the company’s economic scale. Ratinho and SBT did not comment on the latest ruling, though the broadcaster had previously said it addressed the matter internally.

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