Comedian Marcelo Duque was convicted for making a clever joke with a reality show participant
THE Court of Justice of São Paulo (TJ-SP) determined that the the comedian Marcelo Duque pay compensation of R $ 10,000 to the former reality show participant “Blind Marriage”, Ana Bianca Sessafor a considered ableist comment made in a video. The decision also prevents the comedian from mentioning the woman’s physical disability again, under penalty of a fine of R$5,000.
The action arose after Duque posted a joke regarding the fact that Bianca did not have a left hand, which generated great repercussions on social media. The video, which had more than 500 thousand views, led to the influencer being the target of prejudicial comments. The rapporteur of the case, Maria do Carmo Honoriohe stated it “the defendant’s satire touches an incontrovertible structural prejudice” and reiterated that the absence of one of the hands does not make marriage unfeasible, making its content offensive and discriminatory.
Decision and reactions
The compensation was reduced to R$10,000, as according to the court the initial amount of R$30,000 would be excessive, as the comedian did not directly mention Bianca’s name. Nonetheless, the Court maintained its recognition of the ableist nature of the speech. The participant celebrated the decision, saying that, while it has symbolic value, it represents an important victory against prejudice. She said she felt deeply shaken by the situation by saying this “There was one person speaking and the audience laughing, and that made me feel very humiliated”.
Duque, for his part, said he intends to analyze the decision before appealing again. He justified that his work is focused on everyday humor and stated that he did not intend to offend. “Comedians try to show that we’re just doing our job. It’s hard to explain that a joke is a joke, that there’s nothing personal about it”the comedian said. Bianca’s lawyer, Anna Luiza dos Anjos Araújo Andradeunderlined that the case represents an important precedent in the fight against ableism and strengthens the role of Justice in recognizing this type of prejudice.
Source: Terra

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