Key Benefits:
1
PROPOSED LAW NO. 120 /X
Exhibition of Motives
Access to television activity and the respective exercise are currently regulated
by Law No. 32/2003 of August 22 and by the Decree-Law No. 237/98 of August 5.
As per the Program of the XVII Constitutional Government, " with the massification
of the audiovisual media, the multiplication of means of expression in the new networks
digital and the convergence of technologies, markets, services and equipment, the
social communication constitutes today a system of production and dissemination of information and
of knowledge of enormous social influence " .
With this development, it is today unquestionable the impact of the mass media,
among which stands out, with special relief, television.
Occupying a public space of communication, the television activity, wants to treat yourself
of the editorial organisation of programme services wants of its selection, aggregation and
making available to the public, involves a great social responsibility. In this
meaning, they may not fail to correspond with certain purposes, specifically in respect of
of information, training and entertainment, which justify the prediction of a regime of
more demanding access for the allocation and renewal of licences and a reinforcement of the
obligations of the major players in television activity, particularly of the
television operators and distribution operators. However, they adapt these
requirements to the specificities of the different services of TV programmes,
depending on their nature, themed and area of coverage.
With the emergence of new supports and digital technologies, it becomes necessary
redefine the legal framework of access to television activity, specifically in order to
to introduce, in a phased manner, the Digital Earth Television, " avoiding discrimination
on access to new emissions from the most deprived social layers or regions more
peripheral and safeguarding the interests of the technological fabric of our Country, both
at the level of existing distribution networks as of the industry capacity of
national components ".
To the extent that the corresponding emissions use a space naturally
2
scarce and with great potential for diffusion, the access to the television activity through the
terrestrial hertzian spectrum cannot fail to continue subject to a demanding regime
of licensing, through public tender, as mandated by the Constitution. No
so when the medium used, not being exactly infinite, allows for a larger
ability to distribute services of television programs. It is the case of the
transmissions of services of cable, telephone or satellite programs, which if
keep subject to the prior assessment of the requirements indispensable to the exercise of the
television activity, substantiated in an authorization regime. Already the emissions that
if they serve exclusively from the Internet, attentive to the infinite character of the medium and
corresponding spraying of the offer, only become subject to registration, being
dispensed with authorization.
However, in what concerne to the exercise of the television activity, and save the
specificities arising from the typology adopted for each programme service, the
present proposal shall not fail to apply in an identical manner to any mode of
diffusion. So is that the different realities covered by the concept of television,
as the services of television programmes picked up through traditional receivers,
of the computer or of panels placed in public spaces or open to the public, and
save when the special characteristics of the interests to be imposed impose their
exclusion, they may not fail to subject themselves to the common purposes and obligations of television.
Extending the space of freedom in access to television activity, are finally
regulated the services of regional and local expression TV programmes, through the
prediction of the respective conditions, purposes and obligations.
The television activity developed by the television and distribution operators is
accompanied by the exercise of the regulatory power of the regulator for the
social communication, monitoring this which, associated with the legitimate forms of
self-regulation, co-regulation and cooperation among the various operators, intends
ensure compliance with the law and in particular the pursuit of the values of dignity
of the human person, the rule of law, democratic society and national cohesion
and of the promotion of Portuguese language and culture.
It is emphasized, still, the concern in acauteling the interests of viewers, through
of the prediction of mechanisms that counteract undesirable practices of against-
programming.
In relation to the public television service, the new law lends the " special concession
of public service ", fully integrating the current programme service" A: 2 " in a
3
single grant of public television service, reinforcing their identity and
maintaining sustainable forms of participation of representative entities of society
civil. On the other hand, in a larger requirement framework, we clarify the purpose of each
one of the programme services that integrate the public service and lay the foundations for
an effective assessment of the fulfilment of the respective obligations. At the same time,
strengthen the principles of proportionality and transparency of financing of the
public service, referring to the contract of granting the forecasting of mechanisms of
proper control.
Take advantage of, yet, this legislative moment to perfect and clarify the regime
sanctionatory provided for in the current Television Act and simultaneously to adapt it to what
the present law brings from innovator.
The submission of this proposed law does not ignore the process of amendment in which it is
meets Council Directive No 89 /552/CEE of October 3, 1989 on the
wording given to it by Directive No 97 /36/CE of the Parliament and of the Council, of
June 30, 1997 (Television Without Borders Directive).
However, the urgent character of some of the changes now proposed, such as the
prediction of the legal framework for the introduction of Terrestrial Digital Television and still
redefinition of the public television service, following the recent restructuring of the
respective dealership, does not allow to extend for longer the approval of a
new law.
The Regulatory Entity for Social Communication and the organs of
Government of the Autonomous Regions.
Thus:
Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the
Assembly of the Republic the following proposal for a law:
CHAPTER I
General provisions
4
Article 1.
Subject
This Law shall have the subject of regulating access to television activity and its
exercise, and partially transposes to the internal legal order Directive n.
89 /552/CEE of the Council of October 3, 1989 on the wording that was given by the
Directive No 97 /36/CE of the Parliament and of the Council of June 30, 1997.
Article 2.
Definitions
1-For the purposes of this Law, it is understood by:
a) "Television activity", the activity consisting of the organisation, or the
selection and aggregation, of services of television programmes with a view to their
transmission, intended for reception by the general public;
b) "Autopromotion", the publicity disseminated by the relative television operator
to their own products, services, TV programme services or
programs, as well as to the cinematographic and audiovisual works in which it has
participated financially;
c) "Creative work", the film production or audiovisual production based on
structured elements of creation, namely long and short films of
fiction and animation, documentaries, reportage, debates, interviews, tele-films,
television series, musical, artistic or cultural programmes and programmes
didactics or with didactic component;
d) "European Works", the cinematographic or audiovisual production that assemble the
requirements set out in Article 6 of Council Directive No 89 /552/CEE of 3
of October 1989, as amended by Directive No 97 /36/CE of the
Parliament and of the Council of June 30, 1997;
e) "Distribution Operator", the legal person responsible for the selection and
service aggregation of television programmes and by their provision of the
public, by means of electronic communication networks;
f) "Television Operator", the legal person responsible for the organisation of
services of television programmes and legally enabled for the exercise of the
television activity;
5
g) "Independent Producer", the legal person whose main activity consists
in the production of cinematographic or audiovisual works, as long as they check
cumulatively the following requirements:
i) Social capital not held, directly or indirectly, at more than 25% per
a television operator or by more than 50% in the case of several
television operators;
ii) Annual limit of 90% of sales for the same television operator;
iii) Detention of the entitlements of the rights on the works produced, with the
clear contractual definition of the type and duration of the broadcasting rights
ceded to the television operators;
iv) Freedom in the form of development of the works produced,
particularly with regard to the choice of studios, actors, means and
distribution.
h) "Service of television programs", the sequential and unitary set of the
elements of the programming provided by a television operator;
i) "Televenda" means the spread of direct offers to the public, taking aim at the
provision of products or the provision of services upon remuneration;
j) "Television", the transmission, encoded or not , of non-permanent images,
with or without sound, through a network of electronic communications , intended for the
reception by the general public.
2-Do not integrate the provisions of the j) of the previous number:
a) The communications services intended to be received only upon
individual request;
b) The mere retransmission of alheious emissions;
c) The punctual transmission of events, through technical devices installed in the
immediate vicinity of the respective places of occurrence and having by target the public there
concentrate.
6
Article 3.
Scope of application
1-Are subject to the provisions of this Law the broadcast television broadcasts
by operators pursuing the activity of television under the jurisdiction of the State
Portuguese.
2-Consider themselves under the jurisdiction of the Portuguese State the television operators or,
with the necessary adaptations, the distribution operators, who meet the
criteria set out in Article 2 of Council Directive No 89 /552/CEE of 3 of
October 1989, as amended by Directive No 97 /36/CE of the
Parliament and the Council of June 30, 1997.
Article 4.
Competition, concentration and transparency of the property
It shall apply to the television and distribution operators the general defence scheme and
promotion of competition, particularly with regard to prohibited practices and the
concentration of companies, as well as the law regulating the concentration of the entitlement
of the entities pursuing social media activities.
Article 5.
Public service
The State shall ensure the existence and operation of a public television service,
in the terms of chapter V.
Article 6.
Principle of cooperation
1-A The regulatory body for social communication promotes and encourages the adoption of
mechanisms of co-regulation, self-regulation and cooperation among the various operators
of television that allow to achieve the objectives referred to in the following number.
2-The State, the dealership of the public service and the remaining television operators
must collaborate with each other in the pursuit of the values of the dignity of the human person, of the
7
Rule of law, democratic society and national cohesion and promotion of the
language and Portuguese culture, taking into consideration the special needs of
certain categories of spectators.
Article 7.
Areas of coverage
1-The services of television programmes may have coverage of international scope,
national, regional or local, depending on whether they are intended to cover, respectively:
a) In a predominant manner the territory of other countries;
b) The generality of the national territory, including the Autonomous Regions;
c) A set of districts on the mainland or a set of islands in the Regions
Autonomas, or an island with several municipalities, or still an area
metropolitan;
d) A municipality or a set of contigued municipalities.
2 - The geographical area consignothing to each TV programme service shall be
covered with the same program and recommended signal, unless otherwise authorized, the
granting by deliberation of the regulator for the media, and without
injury to the use of supplementary means of coverage, when properly
authorized.
3 - The deliberation referred to in the preceding paragraph sets the time limit of discontinuity
of the issue up to a maximum of two hours per day , may be extended, pursuant to it
anticipated, in exceptional and duly substantiated situations.
4 -The classifications referred to in this article compete with the regulator
for the media and are established in the act of the licence or permit, without
prejudice to its subsequent amendment, the application for those concerned, safeguarded the
conditions of the exercise of the activity to which the respective operators are located
bound, in the terms provided for in Article 21.
8
Article 8.
Typology of services of television programmes
1-The services of television programmes can be generalist or thematic and of
conditioned or unconditioned access, and within these, of unconditioned access
free or unconditioned access with signature.
2-Considerate generalists are the services of television programmes that present
a diversified and targeted programming of the public .
3-Are themed the services of television programmes that present a model of
programming predominantly centered on subjects or audiovisual genres
specific, or driven preferentially to certain segments of the public .
4-The services of self-driving and televising-themed TV programs
can integrate any other conventional programming elements, such as
newsworthy services, sports broadcasts, films, series or documentaries.
5-Are unconditioned access free the services of TV programmes
made available to the public without any counterpart, and unconditioned access
with subscription to the services of television programmes made available to the public
by a counterpart by the access to the distribution infrastructure or by its
use.
6-They are of conditional access the services of TV programmes made available
to the public by specific counterpart, not considering itself as such the amount
due to the access to the distribution infrastructure as well as its use.
7- The classifications referred to in this article compete with the regulator
for social communication and are assigned in the act of the licence or authorisation , without
prejudice to its subsequent amendment, the application for those concerned, safeguarded the
conditions of the exercise of the activity to which the respective operators are located
bound, in the terms provided for in Article 21.
Article 9.
Purposes of television activity
1-Constitutions of the television activity, depending on the nature, the subject and the area
of coverage of the services of television programmes made available:
a) Contribute to the information, training and entertainment of the public;
9
b) To promote the exercise of the right to inform, to inform themselves and to be informed,
with rigour and independence, without impediments or discrimination;
c) Promoting citizenship and democratic participation and respecting pluralism
political, social and cultural;
d) Disseminating and promoting the Portuguese culture and language, creators, artists and
the Portuguese scientists and the values that express the national identity.
2-The purposes referred to in the preceding paragraph shall be taken into account in the selection and
aggregation of services of television programmes to be made available to the public by the
distribution operators.
Article 10.
Technical standards
The technical conditions of the exercise of the television business and the fees to be paid by
allocation of rights or use of the resources required for transmission are defined
in the applicable legislation on electronic communications.
CHAPTER II
Access to activity
Article 11.
Requirements of operators
1-A television activity can only be pursued by societies or
cooperatives that have as the main object their exercise in the terms of the present
law.
2-The minimum capital required for operators to be granted leave for the financial year
of the television activity is:
a) € 5000000, when it deals with operator providing program services
television generalists national or international coverage;
b) € 1000000, when it deals with operator providing program services
tv-themed coverage of national or international coverage;
c) € 200000 or € 100000, depending on whether they are operators who provide services
of TV programmes of regional or local coverage, regardless of the
10
your typology.
3-Except for the provisions of paragraph 1 the operators who only explore, without purpose
lucrative, services of educational, cultural and outreach television programs
scientific, which can rewear the form of association or foundation.
4-The capital of the operators shall be carried out in full in the thirty days after the
notification of the decisions referred to in Article 18, under penalty of expiry of the licence or
authorization.
Article 12.
Restrictions
The television activity may not be exercised or financed by parties or
political associations, local authorities or their associations, trade union organizations,
employers or professionals , directly or indirectly, by means of entities in which
detain capital or by themselves subsidized.
Article 13.
Modalities of access
1-A television activity is subject to licensing, by public tender,
open by decision of the Government, when you consist:
a) In the organisation of services of access TV programmes not
free conditioning using the terrestrial hertziano spectrum;
b) In the selection and aggregation of services of television access programmes
conditioned or non-conditioned with signature that use the spectrum
terrestrial hertziano.
2-Addressing services of free unconditional access programs, the licenses
are individualized according to the number of television program services to
provide by each television operator.
3-Addressing the services of television access television programs or not
conditioned with signature, are assigned, within the framework of the same contest, two titles
habilitators, one that confers rights of use of the frequencies or sets of
radioelectric frequencies involved and another for the selection and aggregation of services
of television programmes to be provided by a distribution operator.
11
4-A television activity is subject to authorisation, the application of the concerned,
when you consist of the organization of television programme services that:
a) Do not use the terrestrial hertziano spectrum;
b) They are intended to integrate the offer of a distribution operator beforehand
licensed for television activity, under the terms of the ( b) of paragraph 1.
5-The authorizations are individualized according to the number of services of
television programmes under the jurisdiction of the Portuguese State to be provided by each operator.
6-Except for the provisions of the previous figures the public television service, in the
terms set out in Chapter V.
7-The licences and permits for the activity of television are relatable.
8-Television operators who exercise the activity exclusively through the
internet only are subject to registration, in the terms provided for in Article 19 para.
Article 14.
Planning of frequencies
The planning of the radioelectric spectrum for the exercise of television activity
competes with the national regulatory authority of communications, heard the entity
regulator for social communication.
Article 15.
Public tender for services of free unconditional access programs
1-Without prejudice to the procedures necessary for the assignment of rights of
use of frequencies, in charge of the national regulatory authority of communications
in accordance with Law No. 5/2004 of February 10, the public tender of
licensing for the exercise of the television activity that consists of the organization of
free unconditioned access program services is open by portaria of the
member of the Government responsible for the area of the media, to which it shall contain the
respective object and regulation.
2-The requirements as to the area of coverage, the typology of programme services and the
number of hours of their respective issues shall obtain express plea in the text
of the regulation, taking into account the public interest that they aim to safeguard.
3-The regulation identifies the conditions for admission of applications, as well as the
12
documentation that must accompany them, in such a way as to allow the verification of the
compliance of candidates and projects to legal and regulatory requirements,
particularly:
a) To the requirements of operators and restrictions on the exercise of activity;
b) To the rules on the concentration of the media title;
c) To the correspondence of the projects to the subject of the contest;
d) To the economic and financial viability of projects;
e) To the coverage obligations and to the respective fastening;
f) To the sufficiency and quality of the human and technical means to be affected;
g) To the regularization of the tax situation of the candidates and to the social security.
4-For the purpose of graduation of the applications to tender and by treating services of
generalist TV programmes of national scope are still taken into account the
following criteria:
a) The input of each of the projects to qualify the TV offer in the area
that they propose to cover, awounded in the function of the guarantees of defence of pluralism
and of independence in the face of political and economic power, from the highlight granted to the
information and the safeguarding of the rights constitutionally recognized to the
journalists, from the coherence of the general programming lines presented with the
their respective editorial status and the suitability of the projects to the partner reality-
cultural purpose to which they are intended;
b) The contribution of each of the projects to the diversification of the TV offer
in the area that they propose to cover, awounded in function of their originality, of the
investment in innovation and creativity and the guarantee of rights of access to
minorities and underrepresented tendencies;
c) The contribution of each of the projects to the diffusion of creative works
European, independent and in language originary Portuguese;
d) The fulfilment of the legal standards and commitments made in the course of
previous exercise of a licensed television activity;
e) The general lines of human resources policy, particularly as to the
recruitment, training and vocational qualification plans.
5-For the purpose of graduation of the applications to tender and by treating services of
Thematic or regional or local TV programmes are taken into account,
when applicable, the criteria referred to in the preceding paragraph.
6-The regulation densifies the graduation criteria of the applications to tender
13
provided for in paragraphs 4 and 5 and assigns to each of them a relative weighting.
7-The regulation sets the value of the surety and the respective release regime second
principles of adequacy and proportionality in the face of compliance with obligations that
aims to safeguard, taking into account typologies and the territorial scope of the services of
television programs to be licensed.
8-The charge-book, which contains the obligations and conditions of the exercise of the
activity, it must be patent since the date of the publication of the opening porterie of the
contest until the day and time of the opening of the corresponding public act, pursuant to it
defined.
9-A regulator for media communication pronounces preview and
compulsorily on the subject of the contest, their respective regulation and notebook
charges within twenty working days after receipt.
10-Elapsed the time limit referred to in the preceding paragraph, the draft regulation is
submitted, for a period of thirty days, public appreciation, being for the purpose
published in the II Series of the Journal of the Republic and on the electronic website of the department
responsible government.
Article 16.
Public tender for services of unconditioned access programs with
signature and conditioning
1-The public tender for the allocation of the rights to use frequencies and to
licensing for the television activity that consists of the selection and aggregation of
services of unconditioned access programs with signature or conditioning is
opened by joint portaria of the Government members responsible for the areas of
media and electronic communications, which must contain the respective
object and regulation.
2-The requirements as to the area of coverage and the typology of programme services to
making available must obtain express foundation in the text of the regulation, having in
account for the principles of optimal management of the radio spectrum and the public interest
which aim to safeguard.
3-The regulation identifies the conditions for admission of applications, including the
documentation that must accompany them, which shall relate in particular to the
economic and financial viability of the projects, the coverage obligations and the
14
respective fastening and the compliance of candidates and projects to the object of the
contest and sectoral legal requirements, and may not be admitted to candidates who
do not have their tax situation regularised or present debt to safety
social.
4-Constitutions criteria for graduation of the applications to tender, to be considered
jointly, in accordance with their respective competences, by the regulator
for social communication and by the national regulatory authority for communications:
a) The economic and financial costs associated with the projects;
b) The contribution of projects to the development of the information society,
for the production of European works and for the diffusion of creative works of
production originating in Portuguese language.
5-The regulation densifies the graduation criteria of the applications to tender
provided for in the preceding paragraph and assigns each of them a relative weighting.
6-The regulation sets the value of the surety and the respective release regime second
principles of adequacy and proportionality in the face of compliance with obligations that
aims to safeguard.
7-The charge-book, which contains the obligations and conditions of the exercise of the
activity, it must be patent since the date of the publication of the opening porterie of the
contest until the day and time of the opening of the corresponding public act, pursuant to it
defined.
8-A regulator for the media and the national regulatory authority
of the communications pronounced preview and compulsorily on the object of the
contest, respective regulation and notebook of charges within twenty working days
after your reception.
9 - Elapsed the time limit referred to in the preceding paragraph, the draft regulation is
submitted, for a period of thirty days, public appreciation, being for the purpose
published in the II Series of the Journal of the Republic and on the electronic site of the departments
responsible government.
Article 17.
Instruction of the processes
1-The licensing or permitting processes referred to in paragraph 1 a) of paragraph 1 and in the
n Article 13 (4) are instructed by the regulator for the media,
15
which promotes to the effect the collection of the opinion of the national regulatory authority of the
communications, with respect to the technical conditions of the applications.
2-The licensing processes provided for in the paragraph b) of Article 13 (1) are
instructed by the national regulatory authority of communications.
3-In the cases referred to in the preceding paragraph, the national regulatory authority of the
communications subjects to the verification of the regulator for the media
the fulfillment of the conditions for admission of the applications respecting your
competence.
4-Applications for permission are accompanied by documentation to be defined by
would pore to be approved by the member of the Government responsible for the area of communication
social.
5-A The competent regulatory body for the instruction notifies the bidders, at the time
of fifteen days from the reception, of any inadequacies detected in the
respective processes, and they should be supplied in the subsequent fifteen days.
6-Application processes that do not fulfil the conditions of admission provided for
in the opening office of the contest are refused by the competent regulator,
upon reasoned decision.
7-The processes admitted by the competent regulator shall, after the
supply of possible shortfalls, be the subject of an award decision or
rejection of the requisite securities required within ninety days, addressing
licensing process, or thirty days, dealing with authorization.
Article 18.
Assignment of licences or permits
1-Compete to the regulator for the media to assign, renew, amend
or revoke the licences and permits for the television activity.
2-It is the condition of the licensing for the television activity that consists of the
provision of nationwide generalist TV programme services to
coverage of the generality of the national territory, including the Autonomous Regions.
3-The attribution and exclusion decisions are expressly grounded by
reference to the fulfillment of the conditions of admission and to each of the criteria of
graduation referred to in Articles 15 and 16, as well as to the issues raised in
hearing of interested.
16
4-A regulator for social media can only refuse the assignment
of an authorisation when it is concerned:
a) The compliance of the operators and the respective projects to the legal obligations
applicable;
b) The regularization of the tax situation of the bidder and in the face of social security;
c) The technical quality of the project presented.
5-The enabler securities relating to television activity enunciate the obligations and
conditions to which the programme services link, the classifications of the services of
television programmes and still the obligations and the fastening of the respective coverage.
6-The decisions referred to in paragraph 3 shall be notified to those concerned, published in the 2 th
series of the Journal of the Republic and made available on the electronic site of the entity
regulator for the media, accompanied by the enabling titles containing
the purposes and obligations to which the licensed or authorized operators are bound to be bound.
7-Compete to the national regulatory authority for communications ascribe, renew,
change or revoke the title empowering that confers the rights of use of the
frequencies or sets of radioelectric frequencies intended for the provision
of the services of free unconditioned access television programs, no
conditioned with signature or conditioned, in the terms provided for in Law No 5/2004,
of February 10, without prejudice to the licensing regime established in the present
law.
Article 19.
Registration of operators
1-Compete to the regulator for the media to arrange a registration of the
television and distribution operators and their services of television programmes
with a view to the publicising of its ownership, of its organisation, of its functioning
and of their obligations, as well as the protection of their designation.
2-A The regulatory body for the media to proceed officiously to the records
and averbings that arise from your licensing and authorisation activity.
3-Television and distribution operators are required to communicate to the entity
regulator for the media the necessary elements for registration purposes,
as well as proceeding to its update, in the terms set out in a regulatory decree.
4-A regulator for the media can, at any time,
17
carry out audits for the surveillance and control of the elements provided by the
television and distribution operators.
Article 20.
Start of emissions
Television operators must start emissions from programme services
licensed or authorized television within 12 months from the date of
assignment of the corresponding habilitator title.
Article 21.
Observance of the approved project
1-The exercise of television activity depends on compliance, by the operator, from the
conditions and terms of the licensed or authorised project, by becoming the modification of this
subject to approval by the regulator for the media.
2-A modification of the services of TV programmes can only occur to
application, three years after the assignment of the permit or one year after the assignment of the
authorization.
3-The request for modification shall be reasoned with regard to, in particular, the
essential legal conditions of which it depended on the assignment of the licence or permit, the
market developments and the implications for the potential audience of the service of
programs in question.
4-In the case that the regulator for the media does not comment on the
period of 90 days, the tacitly approved modification is deemed to be.
Article 22.
Term of licences or permits
1-The licences and permits for the exercise of television activity are issued
by the term of fifteen years and renewables by equal periods.
2-The application for renewal of licences or permits must be submitted with the
regulator for the media between 240 days and 180 days before the term
of the respective deadline.
18
3-A The regulator for the media decides on the request for
renewal of licences or permits up to 90 days before the expiry of the respective term.
4-A The renewal of licences and permits is accompanied by densification, by
regulator for the media, in the light of the developments in the meantime occurred in the
audiovisual panorama, of the obligations to which the operators are bound, by
form to suit them to the statutory provisions to the applicable date.
5-A renewal of licences or permits is only granted in the event of
recognized compliance with the obligations and conditions to which they are bound by the
respective operators.
Article 23.
Interim evaluation
1-At the end of the fifth and tenth year on the allocation of licences and permits, the
regulator for the media elabora and makes public, after hearing
of those concerned, a report of assessment of the fulfilment of obligations and conditions
to which the operators find themselves bound, owing, in accordance with the analysis
carried out, issue the due recommendations.
2-The reports of the evaluations referred to in the preceding paragraph, as well as that of the
assessment on the last five-year of the licences and permits, they shall
be taken into account in the decision of its renewal.
Article 24.
Extinction and suspension of licences or permits
1-licences or permits extinguished by the course of the period or by revocation,
in the terms of the law.
2-The licences and permits, as well as the programmes, can be suspended in the
cases and in the terms provided for in Articles 77, 81 and 85.
3 - The revocation and suspension of licences or permits are the competence of the
entity to which it is incumbent on the assignment.
19
CHAPTER III
Distribution of services of television programmes
Article 25.
Distribution operators
1-Distribution operators shall, in the ordinance and presentation of the respective
tv offer, assign priority, successively, to programme services
television of expression originary Portuguese of generalist content, of information
general and of a scientific, educational or cultural character, taking into account its scope of
coverage and the conditions of access practiced.
2-The operators of electronic communication networks used for the activity of
television stay obliged, upon decision by the national regulator of the
communications issued in accordance with the provisions of Article 43 (1) and (2) of the Law
n ° 5/2004 of February 10 on the transport of the services of television programmes to
specify by the regulator for the media in the terms of the paragraph s)
of Article 24 (3) of Law No 53/2005 of November 8.
3-For the purposes of the provisions of the preceding paragraph, the responsible television operators
by the organization of the television programme services listed therein are required to
carry out the delivery of the respective signal.
4-A The national regulatory body of communications may, in the terms provided for in the n.
3 of Article 43 of Law No 5/2004 of February 10, determine a remuneration
suitable as a counterpart to the imposed transport obligations.
5-A The regulatory body for the media can determine, in a manner
proportional, transparent and non-discriminatory, a suitable remuneration as
counterpart of the delivery obligations imposed in accordance with paragraph 3.
6-The operators of electronic communication networks that conduct the issuance of
televised programme services and distribution operators must make available
network and distribution capacity for services of regional TV programmes and
places, as well as for the diffusion of educational or cultural activities,
given the characteristics of the composition of the offer and the technical conditions and
market at every time verified by the regulator for the communication
social in the context of the processes of authorization to which there is, heard, whenever
understand necessary, the authority of the competition or the national regulatory authority
20
of the communications.
7-The changes to the composition of the offer of the services of television programmes
distributed or to the respective conditions of access must take into account the obligations of
diversification and pluralism and respect for the rights of consumers.
8-regardless of the provisions of the preceding paragraph, they shall be communicated to the
consumer, thirty days in advance, any changes of the conditions
contracted.
9-The communications referred to in the preceding paragraph shall be accompanied by the mention
of the contract resolution faculty whenever they respect the changes in the composition
or of the price of the offer of the services of distributed television programs.
10-A The regulatory body for the media may, in the terms of the respective
statutes, adopt decisions that ensure compliance with the provisions of the present
article.
CHAPTER IV
Programming and information
SECTION I
Freedom of programming and information
Article 26.
Autonomy of operators
1-A The freedom of expression of thought through television integrates the right
fundamental of citizens to free and pluralistic information, essential to democracy and
to the social and economic development of the Country.
2-Except the cases provided for in this Law, the exercise of television activity
is based on freedom of programming, and may not the Public Administration or any
organ of sovereignty, with the exception of the courts, prevent, condition or impose the
diffusion of any programs.
21
Article 27.
Limits to freedom of programming
1-A TV programming shall respect the dignity of the human person and the rights,
freedoms and fundamental guarantees.
2-The services of television programmes cannot, through the elements of
programming that broadcasts, incites to racial, religious, political or generated hatred of colour,
ethnic or national origin, sex or sexual orientation.
3-No issuance of programmes likely to harm manifests, serious
and gravely the free formation of the personality of children and adolescents,
specifically those containing pornography in the service of access programs not
conditioning or free violence.
4-Any others programs likely to influence in a negative way in the
training of the personality of children or adolescents must be accompanied by the
permanent diffusion of an appropriate visual identiactive and can only be transmitted
between the 22h30m and the 6h00m.
5-A The regulator for media encourages the elaboration by the
television operators of a common system of classification of the programmes of
television, which provides for a set of identifiable signs of the different scales
etharies in the function of the contents presented and that respects, in the exhibition of works
cinematographic and videogrammes, the classification of the classification commission of
spectacles.
6 - They are excepted from the provisions of paragraphs 4 and 5 the transmissions in programme services
conditioned access television.
7-The provisions of the preceding paragraphs cover not only any elements of
programming, including advertising and messages, extracts, or images from
autopomotion, as still teletext services.
8-The programming elements with the characteristics to which the n. ºs 3 and 4
may be passed on in any news services when, they are of
journalistic importance, are presented with respect to the ethical standards of the
profession and antecedents of a caveat about its nature.
9-A The regulatory body for social communication defines and makes public the criteria
followed for the assessment of non-compliance with the provisions of paragraphs 3 and 4, which shall
be objective, appropriate, necessary and commensurate with the purposes pursued.
22
10-Television operators may adopt codes of conduct that respond to the
requirements contained in this Article, heard, within the framework of their assignments, the
respective drafting boards.
Article 28.
Limits to freedom of retransmission
The provisions of paragraphs 1 a to 3 and 7 of the preceding Article shall apply to the retransmission of services from
television programmes in the cases and in accordance with the procedures laid down in the article
86.
Article 29.
Announcement of programming
1-Television operators must inform, reasonably in advance and in a way
appropriate to the knowledge by the public, about the content and alignment of the
programming of the services of television programmes of which they are responsible.
2-A schedule announced, as well as its expected duration and time of issue,
only can be changed by the television operator with an advance in excess of 48
hours.
3-A The obligation provided for in the preceding paragraph may be removed when the
nature of the events conveyed the justifying, by necessity of coverage
informative occurrence of unforeseen occurrences or in cases of force majeany.
4-Regardless of the advance notice with which to check and the reasons that the
determine, the schedule changes referred to in paragraphs 2 and 3 shall be
communicated to the public in the service of programs to which they respect.
5-The announcement of the planned schedule for the services of television programmes
carried out in services or various social media organs is compulsorily
accompanied by the identiactive referred to in Article 27 (4), and shall such
information being provided by the responsible operator.
23
Article 30.
Mandatory disclosure
1-Are compulsorily disclosed through the public television service, with the
due relief and the utmost urgency, the messages whose diffusion is requested by the
President of the Republic, by the President of the Assembly of the Republic and by the First-
Minister.
2-In the event of a declaration of the state of site or the state of emergency, the obligation
predicted in the previous number also falls on the remaining television operators.
Article 31.
Political propaganda
It is vented to television operators the ceding of political propaganda spaces, without
prejudice to the provisions of Chapter V.
Article 32.
Acquisition of exclusive rights
1-It is nil the acquisition, by any television operators, of exclusive rights
for the transmission of events of a political nature.
2-In the event of a takeover, by television operators who emit in an access regime
conditioned or without national coverage, of exclusive rights to the transmission,
integral or partial, directly or in deferred, from other events that are the subject
of widespread interest from the public, the holders of the television rights stay
required to provide, in non-discriminatory terms and in accordance with the conditions
normal of the market, their access to another or other operators interested in the
transmission that emit by terrestrial hertziana with national coverage and access not
conditioning.
3-In the lack of agreement between the holder of the television rights and the remaining operators
interested in the transmission of the event, there is place the binding arbitration of the entity
regulator for the media, upon application from either party.
4-The events to which the preceding figures are referred, as well as the conditions of the
respective transmission, are listed to be published in the 2 th grade of the Journal of the Republic,
24
by October 31 of each year, by the member of the Government responsible for the sector,
listened to the regulator for the media, without prejudice to the publication of
exceptional additions determined by the supervenient and unpredictable occurrence of
facts of the same nature.
5-Unique rights holders for the transmission of any events stay
required to give in the respective signal, either directly or in deferred, to the operators who
have international emissions, for restricted use to these, under conditions to
define in decree-law, which sets out the criteria of the retribution by ceding, and
place, in the lack of agreement among those concerned, the binding arbitration of the entity
regulator for social communication.
6-The television operators subject to this Law shall be vetted the exercise of rights
exclusive in terms that prevent a substantial portion of the public from another state
member of the European Union to accompany, on the unconditioned access television,
events set out in the lists referred to in paragraph 8, under the conditions laid down therein.
7-A The failure to comply with paragraphs 2 or 6 does not give way to the implementation of the respective
sanctions whenever the holder of the exclusive demonstrates the impossibility of compliance
of the obligations in them envisaged.
8-For the purpose of the provisions of paragraph 6, the definitive list of the measures taken by the States
members, as disclosed in the Official Journal of the European Union, are the subject of
publication in the 2 th series of the Journal of the Republic on the initiative of the member of the Government
responsible for the area of social communication.
Article 33.
Right to informative extracts
1-Those responsible for the realization of shows or other public events that
occur on national territory, as well as the exclusive rights holders who on
they focus, they cannot object to the transmission of brief extracts from them, of
informative nature, on the part of any television operator, national or not.
2-For the exercise of the right to information provided for in the preceding paragraph, the operators
can use the signal issued by the holders of the exclusive rights, supporting only
the costs that eventually arise from making it available, or resorting, in
alternative, to the use of own technical means, in the legal terms that ensure the
access of the media organs to public places.
25
3-Without prejudice to agreement for diversion use, the extracts referred to in paragraph 1
must:
a) Limit yourself to the strictly indispensable duration to the perception of content
essential of the events in question, taking into account the nature of the
events, provided that it does not exceed ninety seconds;
b) Be disseminated exclusively in regular programs of an informative nature
general;
c) Be disseminated in the 36 hours subsequent to the cessation of the event, save when the
your further inclusion in reports of other topical events for
justified by the end of information pursued;
d) Identify the source of the images, if they are diffused from the emitted signal
by the holder of the exclusive.
SECTION II
Obligations of operators
Article 34.
General obligations of television operators
1-All television operators must ensure, in their programming,
particularly through practices of self-regulation, the observance of an ethics of
antenna, which ensures respect for the dignity of the human person, for the rights
fundamental and too much constitutional values, in particular, the development of the
personality of children and adolescents.
2-Constituent, inter alia, general obligations of all television operators
that they explore services of generalist TV programmes, of national coverage:
a) Ensure, including at the times of higher viewership, the diffusion of a
diversified and plural programming;
b) To ensure the spread of information that respects pluralism, rigour and
exemption;
c) Ensure independent programming and information in the face of power
political and economic power;
d) Issue the messages referred to in Article 30 (1), in the event of a declaration of the
state of site or the state of emergency;
26
e) Ensure the exercise of the right of antenna in electoral periods, in the terms
constitutional and legally foreseen;
f) Ensure the exercise of the rights of reply and rectification, in the terms
constitutional and legally foreseen;
g) Disseminating creative works of European origin, specifically in language
Portuguese and participate in the development of its production, according to the
applicable legal standards;
h) Promote the possibility of monitoring of emissions by persons with
special needs.
3-In addition to those provided for in points a) a c) and f) of the previous number, constitute
obligations of the services of generalist TV programmes of regional scope or
location:
a) Extending television programming to regional or local intimate content;
b) Disseminate information with particular interest to the geographical scope of the
hearing;
c) To promote the characteristic values of regional or local cultures.
4-Constituts obligations of the thematic program services, attending to its
nature, the points a) , b) and g) and, regardless of their nature, the points c) and f)
of paragraph 1.
Article 35.
Director
1-Each TV programme service shall have a director responsible for the
guidance and supervision of the content of emissions.
2-Each television program service that includes informational programming must have
a responsible for the information.
Article 36.
Editorial status
1-Each TV programme service shall adopt an editorial status that defines
clearly and in detail, with binding character, its orientation and objectives and include
the commitment to respect the rights of the spectators, as well as the principles
27
deontological of journalists and professional ethics.
2-The editorial status is drawn up by the person responsible referred to in the previous article,
heard the drafting board, and subject to approval by the proprietary entity, owing
be remitted, in the 60 days subsequent to the start of emissions, to the regulator
for social communication.
3-The amendments made to the editorial statute follow the terms of the provisions of the
previous number.
4-The editorial status of television programme services shall be made available
in adequate support to your knowledge by the public.
Article 37.
News services
The services of generalist TV programmes should feature news services
regular, assured by journalists.
Article 38.
Board of drafting and the right of participation of journalists
In the services of TV programmes with more than five journalists there is a council
of writing, electing it second to form and with the skills defined by law.
Article 39.
Number of hours of issue
1-Licensed TV programme services must issue programmes during
at least six hours daily.
2-Excluding the clearance of the limit set in the previous number the emissions of
advertising and televenda, without prejudice to the provisions of Article 8 (4), as well as the
that reproduce fixed or merely repetitive images.
SECTION III
Advertising
28
Article 40.
Time reserved for advertising
1-The time of issue intended for short advertising and televing messages,
in each period between two units of the hour, it cannot exceed 10% or
20%, depending on whether it deals with services of television access television programmes or
of services of free or non-free access television programs
conditioned with signature.
2-Excluded from the limits set out in this article the messages disseminated by the
tv operators related to their own programmes and products
accessories directly from them derived, as well as those concerning services
public or purposes of public interest and appeals of humanitarian content, transmitted
for free.
Article 41.
Blocks of televenda
1-The services of national coverage and access television programmes do not
conditioned with signature can transmit daily up to eight blocks of televenda,
provided that its total duration does not exceed three hours, without prejudice to the provisions of the article
previous.
2-The televenda blocks must have an uninterrupted duration of at least fifteen
minutes.
3-In the services of television programmes of self-preservation is prohibited the transmission of
televenda blocks.
SECTION IV
Identification of programmes and recording of emissions
Article 42.
Identification of programmes
The programmes shall be identified and contain the relevant elements of the respective
artistic and technical fact sheets.
29
Article 43.
Recording of emissions
1-Irrespective of the provisions of Article 92º, emissions shall be recorded and
preserved by the minimum term of 90 days, if another longer is not determined by
law or by judicial decision.
2-A The regulatory body for the media can, at any time,
ask the operators for the recordings referred to in the preceding paragraph, owing them,
in case of a duly substantiated urgency, be sent within the maximum period of 48
hours.
SECTION V
Dissemination of audiovisual works
Article 44.
Defence of the Portuguese language
1-Issues must be spoken or subtitled in Portuguese, without prejudice to the
possible use of any other language when it comes to programmes that
meets punctual needs of informative type, intended for the teaching of languages
foreigners or especially targeted at immigrant communities.
2-The services of national coverage television programmes, with the exception of those
whose nature and subject to such an object are to be opposed, they must devote at least 50% of their
emissions, with deletion of the time devoted to advertising, televenda and teletext, à
diffusion of programmes originally in Portuguese language.
3-Without prejudice to the provisions of the preceding paragraph, programme services in it
referred to must devote at least 20% of the time of their emissions to the diffusion of
creative works of production originating in Portuguese language.
4-The percentages provided for in paragraphs 2 and 3 can be filled, up to a maximum of
25% , by programmes originating in other luscious countries other than Portugal.
5-Television operators shall ensure that the fulfilment of the percentages
referred to in paragraphs 2 and 3 do not take place in periods of reduced hearing.
30
Article 45.
European production
The television operators exploring services of television coverage programmes
national should incorporate a majority percentage of European works in the
respective schedule, once deducted the time of issue devoted to the
news outlets, sports events, competitions, advertising, televenda and teletext.
Article 46.
Independent production
The television operators exploring services of television coverage programmes
national shall ensure that at least 10% of the respective schedule, with
exclusion of the times devoted to newscasts, sports events, competitions,
advertising, televenda and teletext, be filled through the diffusion of works
European, coming from independent producers of the television bodies,
produced less than five years ago.
Article 47.
Criteria for application
Compliance with the percentages referred to in Articles 44 to 46 is assessed.
annually, and the specific nature of the programme services shall be taken into account
themed TV and the responsibilities of the operator on information,
education, culture and fun.
Article 48º
Support for production
The State shall ensure the existence of measures to encourage audiovisual production
of fiction, documentary and animation of original creation in Portuguese language, having in
a view to the creation of conditions for compliance with the provisions of Articles 44 to 46,
through the adoption of the legal, financial, tax or credit mechanisms
appropriate.
31
Article 49.
Duty of information
Television operators are required to pay quarterly to the entity
regulator for social communication, according to model by it defined, all the
necessary elements for the exercise of the monitoring of the fulfilment of obligations
provided for in articles 44 to 46.
CHAPTER V
Public television service
Article 50.
Principles
1-A The structure and operation of the public television service operator shall
safeguard its independence before the Government, the Public Administration and the
too much public powers, as well as ensuring the possibility of expression and confrontation
of the various currents of opinion.
2- The public television service guarantees the observance of the principles of
universality and national cohesion, diversification, quality and
indivisibility of programming, pluralism and rigour, exemption and independence from the
information, as well as the principle of innovation.
Article 51.
Specific obligations of the dealership of the public television service
1-A dealership of the public television service must, according to the principles
set out in the previous article , present a schedule that promotes training
cultural and civic of the viewers, ensuring the access of all to the information, to the
education and quality entertainment.
2-At the dealership it is incumbent, specifically:
a) Provide a varied and comprehensive schedule, which promotes diversity
cultural and take into account the interests of minorities;
32
b) Promote public access to Portuguese cultural manifestations and ensure
your appropriate informative coverage;
c) Provide a free, rigorous, plural and contextualized information, which
guarantee the news coverage of major national events and
international;
d) Ensure the production and transmission of educational and entertainment programmes
intended for the young and child public, contributing to their training;
e) Ensure the transmission of programmes of cultural, educational and
informative for specific audiences;
f) Participate in activities of education for the media,
guaranteeing, inter alia, the transmission of targeted programmes for that
objective;
g) Promote the issuance of programmes in Portuguese language and reserve the production
european sizeable part of its time of issue, owing to them
higher percentages than those required in this Law to all operators of
television, attentive to the mission of each of its programme services;
h) Supporting the national production of cinematographic and audiovisual works, in the
respect for the international commitments that bind the Portuguese State, and
co-production with other countries, in particular Europeans and the community of
Portuguese language;
i) Issue programs aimed especially at the Portuguese residents outside
Portugal and the nationals of Portuguese-speaking countries, equally
residents outside Portugal;
j) Ensure the possibility of monitoring of emissions by persons with
special needs, notably through the use of the subtitled by
teletext, the interpretation by means of the sign language, the audio-description or the
other techniques that prove to be appropriate, as well as issue programming
specifically targeted at that segment of the public;
l) Ensure the exercise of antenna, response and political rebuttal rights, in the
constitutional and legally foreseen terms;
m) Issue the messages the diffusion of which is requested by the President of the Republic,
by the President of the Assembly of the Republic or by the Prime Minister;
n) Giving up time of issue to the Public Administration with a view to the disclosure of
information of general interest, particularly in respect of health and safety
33
public.
Article 52.
Grant of public television service
1-A The granting of the public television service is awarded for periods of 16 years, in the
terms of contract to be concluded between the state and the dealership society.
2-A The granting of the public television service is carried out by means of services of
free unconditioned access television programs or, when reasons of nature
technological or financial the impose, of unconditioned access with signature.
3-A The granting of the public service necessarily includes:
a) A service of generalist programs distributed simultaneously on the whole
national territory, including the Autonomous Regions, with the aim of
meet the formative, informative, cultural and recreational needs of the
large public;
b) A second service of generalist programs distributed simultaneously on
all the national territory, including the Autonomous Regions, open to
participation of civil society and with the aim of meeting the needs
informative, recreational and, in particular, educative, formative and cultural of the
various segments of the public, including minorities;
c) Two services of specially targeted TV programmes,
respectively, the Autonomous Region of the Azores and the Autonomous Region of the
Wood.
d) One or more of the services of vocationalized programs for the viewers of
language Portuguese residents abroad or especially directed to the
portuguese official language countries, which promote affirmation, valorisation and
defence of the image of Portugal in the world.
4-The services of television programmes referred to in points a) , b) and c) of the number
previous are necessarily free access.
5-For compliance with the legal and contractually established obligations, the concession
of the public television service can further integrate TV programme services
that they have per object, specifically:
a) The specialist provision of information, giving particular attention to topics
with an interest for specific regions and communities, in articulation or not
34
with the remaining services of television programmes, particularly in relation to
joint management of rights;
b) The disclosure of the documentary acquis coming from the audiovisual archives of the
dealership of the public service;
c) The satisfaction of the educational and formative needs of the children's public and
juvenile;
d) The promotion of access to the different areas of knowledge.
6-The concession contract to which you rent paragraph 1 establishes, in accordance with the provisions of the
present chapter , the rights and obligations of each of the Parties shall define the
objectives to be achieved and the qualitative and quantitative criteria that ensure your
concretization, as well as the respective forms of evaluation.
7-The content of the concession contract and the acts or contracts referred to in the number
previous is the subject of opinion of the regulator for the media.
8-The concession contract shall be reviewed at the end of each four-year period,
without prejudice to the changes that in the meantime occur.
Article 53.
First service of generalist programs of national scope
The service of generalist programs of national scope directed at the large public shall,
listening to the territorial realities and the different constitutive groups of society
Portuguese, grant special relief:
a) To information, specifically through the diffusion of debates, interviews,
reportages and documentaries;
b) To the entertainment of quality and expression originated Portuguese;
c) To the transmission of cultural programmes;
d) To the awareness of the viewers for their rights and duties while
citizens.
35
Article 54.
Second service of generalist programmes of national scope
1-The second service of generalist programs of national scope comprises a
programming of strong cultural and formative component, and should value education, the
science, research, the arts, innovation, social action, dissemination of causes
humanitarian, amateur sport and school sport, religious confessions, the
independent production of creative works, the Portuguese cinema, the environment, the defence of the
consumer and audiovisual experimentalism.
2-The second service of generalist programs of national scope shall ensure a
great quality programming, coherent and distinct from the other programme services
public service televisions, in it participating public or private entities with
relevant action in the areas referred to in the preceding paragraph.
3-Together of the second programme service works an advisory body
representative of the partners of the public administration and civil society that with it
relate.
Article 55.
Services of international TV programmes
1-The services of television programmes referred to in para. d) of Article 52 (3)
pursue their own goals taking into account national interests in what
respects the connection to the Portuguese communities scattered around the world or cooperation
with the Portuguese-speaking countries.
2-For the fulfilment of the provisions of the preceding paragraph, the dealership of the service
public television can carry out collaboration agreements with private carriers
of television broadcasting services from generalist TV programmes, as well as
with public bodies and services with relevant activity in those fields.
3-Join the services of international TV programmes works an organ
representative advisory of the partners of public administration and civil society
that with him relate.
36
Article 56.
Services of regional TV programmes
1-The services of television programmes specially designed for the Regions
Autonomous ones of the Azores and Madeira must meet the respective social realities and
cultural and valuing regional production.
2-The services of regional TV programmes must give up time of
issue to the Public Administration, including the Regional Autonomous Administration, with
a view to the disclosure of information of general interest, particularly in relation to
health and public safety.
3-A dealership of the public television service and the regional governments of the Azores
and from Madeira can establish specific agreements that provide for the financing of
specific complementary obligations of the public television service, as such
defined by the respective legislative assemblies.
Article 57.
Financing and control of implementation
1-The State secures the funding of the public television service and zela for its
appropriate application, on the terms set out in law and in the concession contract.
2-Public funding must comply with the principles of proportionality and
transparency.
3-The concession contract shall establish a control system that checks the
compliance with public service assignments and the transparency and proportionality of the
associated financial flows, ensuring that these are limited to what is necessary for your
pursue and provide for the appropriate mechanisms to ensure reimbursement, in case
of financial overcompensation.
4-The concession contract shall also prevent the dealership from adopting
unjustified practices by the rules of the market leading to the increment of
costs or the reduction of income.
5-With the aim of enabling an appropriate and effective resource management, according
with the foreseeable development of the economic and social conjuncture, the burdens arising from the
funding for public radio and television service will be provided for on a horizon
multiannual, with the duration of four years.
37
6-A The forecast referred to in the preceding paragraph shall identify, in addition to the total costs for
the period of four years, the annual instalment of these charges.
7-A annual external audit, promoted by the regulator for the communication
social within the scope of their competences, necessarily includes the verification of the
compliance with the provisions of paragraph 2 a to 4 of this Article.
CHAPTER VI
Antenna, response, and political replica rights
SECTION I
Common provision
Article 58.
Count of issue times
Television operators ensure the counting of antenna times, replica
policy and response, for the purposes of this chapter, giving knowledge of the
respective results to those interested.
SECTION II
Right of antenna
Article 59.
Access to the right of antenna
1-To political parties, the Government, trade union organisations, organisations
professionals and representative of economic activities and the defence associations of the
environment and consumer is guaranteed the right to antenna time in the public service of
television.
2-The entities referred to in the preceding paragraph are entitled, free of charge and annually, to the
following antenna times:
a) 10 per party represented in the Assembly of the Republic, add to
30 by each elected Member;
b) Five minutes per party not represented in the Assembly of the Republic with
38
participation in the most recent legislative elections, plus 30
by every 15000 votes in them obtained;
c) 60 to the Government and 60 to the parties represented in the
Assembly of the Republic not to be a part of the Government, to ratchet second to
your representativeness;
d) 90 for union organizations, ninety minutes for organizations
professionals and representative of economic activities and 30 for the
environmental and consumer protection associations, to mice in accordance with
your representativeness;
e) 15 to other entities that have right of antenna assigned by law.
3-By-time antenna is understood the own programming space of the
liability of the holder of the right, which must be expressly mentioned in the
beginning and the end of each program.
4-Each holder shall not be allowed to use the right of antenna more than once in every 15 days,
nor in emissions lasting more than ten or less than three minutes, save if your
antenna time for globally lower.
5-Those responsible for programming must organize, with the collaboration of the holders
of the right of antenna and in accordance with this Law, general plans of the respective
use.
6-A lack of agreement on the plans referred to in the preceding paragraph gives way to arbitration
by the regulator for the media.
Article 60.
Limitation to the right of antenna
1-The exercise of the right of antenna cannot occur on Saturdays, Sundays and holidays
national, and shall still be suspended one month before the date set for the beginning of the
period of campaigning in any electoral or referendum act, pursuant to the
respective legislation.
2-The right of antenna is untransmittable.
39
Article 61.
Issuance and reservation of the right of antenna
1-The antenna times are issued in the service of television coverage programs
nationwide of higher hearing immediately before or after the main national newspaper
diffused between 19h00m and 22 pm.
2-The right holders of antenna law must request the reservation of the antenna time to which
have a right up to 15 days prior to the transmission, and the respective recording shall be
carried out or the pre-recorded materials delivered up to 72 hours prior to the issuance of the
program.
3-In the case of ready-to-issue programs, delivery must be made up to 48 hours
before the transmission.
4-The right holders of antenna law are assured the indispensable technical means
for the realization of the respective programmes under conditions of absolute equality.
Article 62.
Expiry of the right of antenna
Failure to meet the deadlines set out in the preceding Article shall determine the expiry of the
right, unless it has occurred in fact not attributable to its holder, in which case the
unused time can be accumulated to that of the scheduled use subsequent to the
cessation of the impediment.
Article 63.
Right of antenna in electoral period
In the electoral periods, the exercise of the right of antenna is regulated by the legislation
applicable electoral, covering all services of generalist TV programmes
of free access.
SECTION III
Political replica law
40
Article 64.
Right of political rebuttal of the opposition parties
1-The parties represented in the Assembly of the Republic and which are not part of the
Government has a right of replica, in the same program service, to the statements
policies handed down by the Government in the public television service that directly the
attain.
2-A duration and relief granted for the exercise of the right referred to in the number
previous are equal to those of the statements that have given them origin.
3-When more than one party has requested, through the respective representative, the
exercise of the right, the time is prorated in equal parts by the various holders, never
may be less than one minute by each intervener.
4-To the right of political rebuttal are applicable, with due adaptations, the
procedures provided for in this Act for the exercise of the right of reply.
5-For the purposes of this article, they only consider statements of general policy or
sector made by the Government in its name and as such identifiable, not reliant,
notably, the statements of members of the Government on matters concerning the
management of the respective departments.
SECTION IV
Rights of response and rectification
Article 65.
Assumptions of the rights of reply and rectification
1-Have a right of reply in the services of television programmes any person
singular or collective, organization, service or public body that in them has been
object of references, albeit indirect, that may affect its reputation or good
name.
2-The entities referred to in the preceding paragraph have a right of rectification in the services of
television programmes in which inveridic or erroneous references have been made that
concern them.
3-The right of reply and that of rectification shall be prejudiced if, with the concordance
express from the person concerned, the television operator has corrected or clarified the text
41
or image in question or has allowed it, on the other means, to expose the facts or the
points of view that would allegedly justify the response or rectification.
4-The right of reply and that of rectification are independent of criminal procedure
by the fact of the issue, as well as the right to compensation for damages for it
caused.
Article 66.
Right to visioning
1-The holder of the right of reply or rectification, or who legitimately the
represent us in accordance with paragraph 1 of the following article, may require, for the purpose of their
exercise, the visioning of the material of the issue in question, which shall be provided to the
interested in the maximum term of 24 hours.
2-The application for visioning suspending the deadline for the exercise of the right of reply
or of rectification, which goes back to running 24 hours after the time when the entity
broadcaster has provided it.
3-The right to visioning involves also obtaining a record of the issue
in cause, upon payment of the cost of the support that is used.
Article 67.
Exercise of the rights of reply and rectification
1-The right of reply and that of rectification shall be exercised by the holder himself,
by its legal representative or by the heirs, in the 20 days following the issue.
2-The deadline of the preceding paragraph suspending itself when, by reason of force majeany, the
people in it are barred from making it worth the right whose exercise is
in cause.
3-The text of the response or rectification shall be delivered to the television operator,
with signature and identification of the author, through procedure that proves his
reception, expressly invoking the right of reply or rectification or the
competent legal provisions.
4-The content of the response or rectification is limited by the direct and useful relation with
the references that have provoked them, and may not exceed the number of words of the
text that gave them origin.
42
5-A reply or rectification may not contain expressions disproportionately
disexquisite or involving criminal or civil liability, to which, in this case,
only to the author of the answer or rectification may be required.
Article 68.
Decision on the transmission of the reply or rectification
1-When the answer or rectification is untimely, provies from people without
legitimacy, are manifestly lacking in grounds or contrary to the provisions of the
n. paragraphs 4 or 5 of the previous article, the television operator may refuse to issue it,
by informing the person concerned, in writing, about the refusal and its statement of reasons, in the
twenty-four hours following the receipt of the reply or rectification.
2-In case the answer or rectification violates the provisions of paragraphs 4 or 5 of the article
previous, the operator invites the person concerned, within the time specified in the preceding paragraph, to
proceed to the deletion, in the following 48 hours, of the passages or expressions in question,
without which it is enabled to refuse the disclosure of the entirety of the text.
3-In the event that the right of reply or rectification law has not been met or
have been unfoundedly refused, the person concerned may appeal to the court of law
of your domicile, within 10 days of the refusal or the expiry of the statutory deadline for
the satisfaction of the right, and to the regulator for the media, in the terms and
deadlines of the specifically applicable legislation.
4-Redear the judicial notification of the operator who did not give satisfaction to the
right of reply or rectification, is the one immediately notified by post
to contest within two working days, after which it will be handed down in equal time to
decision, of which there is recourse with merely devolutive effect.
5-It is only admitted documentary proof, being all documents together with the
initial application and with the contestation.
6-In the case of the provenance of the application, the operator issues the answer or rectification in the
deadline set out in paragraph 1 of the following article, accompanied by the mention that that is
carried out by court decision or the regulator for the media.
43
Article 69.
Transmission of the response or rectification
1-A The transmission of the reply or rectification is made up to twenty four hours from
of the delivery of the respective text to the television operator, save the provisions of paragraphs 1 and 2
of the previous article.
2-A reply or rectification are transmitted free of charge in the same programme or,
case not possible, in time of equivalent issuance.
3-A The answer or rectification must be transmitted as many times as emissions
of the reference that motivated them.
4-A The answer or rectification is read by an announcer from the issuing entity in
moulds that ensure their easy perception and may include audiovisual components
where the reference that motivates them has used similar technique.
5-A The transmission of the reply or rectification may not be preceded or followed by
any comments, other than those necessary to point out any inaccuracy
or factual error, which may originate new response or rectification, in the terms of the
n. paragraphs 1 and 2 of Article 65 para.
CHAPTER VII
Responsibility
SECTION I
Civil liability
Article 70.
Civil liability
1-In the determination of the forms of effectivation of the emerging civil liability of
facts committed through television are observed the general principles.
2-Television operators respond in solidarity with those responsible for the
transmission of previously recorded programmes, with the exception of those transmitted to the
shelter of the right of antenna.
44
SECTION II
Sanctionatory regime
Article 71.
Crimes committed by means of television
1-The aggrieved acts or behaviours of legal interests-penally protected
perpetrated through the television are punished in the general terms, with the adaptations
constants of the following numbers.
2-Whenever the law does not establish aggravation on the grounds of the means of perpetration, the
crimes committed through television that are not provided for in this Law are
punishable by the penalties set out in the respective incriminating, elevated standards of
one-third in their minimum and maximum limits.
3-The director referred to in Article 35 only responds criminally when not
opposes, and may do so, in the practice of the crimes referred to in paragraph 1, through the actions
suitable to avoid them, in which case the feathers are applicable in the
corresponding legal types, reduced by a third in their limits.
4-Dealing with correctly reproduced statements or interventions of
opinion, provided by properly identified persons, only these can be
held accountable, save when their content constitutes incitement to racial hatred,
religious, political or generated by colour, ethnic or national origin, by sex or by the
sexual orientation, or the practice of a crime, and its transmission cannot be
justified by journalistic criteria.
5- In the case of non-consenting emissions, responds who have determined the respective
transmission.
6- The technicians at the service of the television operators are not responsible for the
emissions to which they will make their professional contribution, if they are not due to them
awareness of the criminal character of your act.
Article 72.
Illegal television activity
1-Who to engage in television activity without for such being legally entitled is
punished with imprisonment up to three years or with a fine up to 320 days.
45
2-Are declared lost in favour of the State the goods used in the exercise of the
television activity without legal habilitation, without prejudice to the rights of third parties of
good faith, under the terms of Article 110 of the Criminal Code.
3-The provisions of paragraph 1 shall be particularly applicable in the event of:
a) Exercise of the activity by amusing entity of the one licensed or authorised;
b) Failure to comply with the decision to revoke the licence or interdiction of the
relay of program service.
Article 73.
Qualified disobedience
1- Those responsible for programming, or who surrogates them, incur the crime of
qualified disobedience when, with the aim of preventing the targeted effects:
a) Failing to accrate the decision of the court to order the transmission of reply or
rectification, under the provisions of Article 68 (6);
b) Refuse the diffusion of judicial decisions pursuant to Article 91;
c) Do not comply with the deliberations of the regulator for the communication
social relating to the exercise of antenna rights, political rebuttal, of
response or rectification;
d) Do not comply with a cautionary or definitive decision to suspend transmission or
relay.
2-Income still in the crime of qualified disobedience the entities that do not
to accrate the decision of the regulator for the media to determine the
suspension of retransmission, pursuant to the provisions of Article 86.
Article 74.
Attack on freedom of programming and information
1-Whoever prevents or disrupts television emission or impounding or damaging materials
necessary for the exercise of television activity, outside of the cases provided for in the law and with
the aim to atone for the freedom of programming and information, is punishful by
imprisonment up to two years or with fine up to 240 days, if the most serious penalty does not fit us
terms of the criminal law.
2-A The application of the penalty provided for in the preceding paragraph shall be without prejudice to the effect of the
46
civil liability for the damage caused to the issuing entity.
3-If the offender is an agent or an official of the State or of public legal person and,
in the exercise of their duties, practise the facts described in paragraph 1, is punished with imprisonment
up to three years or with fine up to 320 days, if more serious penalty does not fit us on the terms
of the criminal law.
Article 75.
Light counterorders
1-It is punishable with fine of € 7500 a € 37500:
a) Failure to comply with the provisions of Article 19 (3) in the first part of paragraph 4 of the
Article 27, in Articles 29 and 42, in Article 44 (5), Articles 45 and 46 and 46
in Article 58;
b) Failure to comply with the provisions of the provisions of the first part of Article 60 (1);
c) The omission of the mention referred to in the second part of Article 68 (6).
2-A negligence is punishable, being reduced to half the minimum and maximum limits
of the applicable fines.
Article 76.
Serious counterorders
1-It is punishable with fine of € 20000 a € 150000:
a) Failure to comply with the provisions of paragraphs 1, 6, 8 and 9 of Article 25, in the second part
of Article 27 (4) and (8), Article 30 (1), Article 32 (5),
in Article 33 (3), Articles 35, 36 and 37, 41, 43, 43, para. 1 a
of Article 44, Article 49 (4), Article 59 (4) and 4 (4),
in Article 64 (2) and (64), and Article 92 (1);
b) The omission of the information referred to in Article 68 (1).
c) The violation of the provisions of Article 20, in the second part of Article 60 (1) and
of the deadlines set out in Article 66 (1) and in Article 68 (6).
2-A negligence is punishable, being reduced to half the minimum and maximum limits
of the applicable fines.
47
Article 77.
Counter-very serious counterorders
1-It is punishable with fine of 75000 a to € 375000 and suspension of the license or authorization
of the programme service or of the transmission of the programme in which they are committed,
depending on the severity of the illicit, for a period of 1 a to 10 days:
a) Failure to comply with the provisions of Article 7 (2), Article 12, paragraph 1 of the
article 21, in Article 25 (2) and 3, paragraph 2 and 3 of Article 27, in the article
31, in Article 32 (2) and (6), Article 33 (1) and 39 (1) and
in Article 60 (2);
b) The violation, by any operator, of the guarantees of coverage and obligations of
fastening to which it is linked;
c) The violation, by any operator, of the provisions of Article 30 (2) and of the
right provided for in Article 66 (1);
d) The exploitation of TV programme services by diverse entity of the
holder of the license or authorization;
e) The denial of the exercise of the right of antenna to the entities that they have
law pursuant to Rule 59 (1)
2-It is punishable by the fine set out in the preceding paragraph the retransmission of services from
television programmes or programmes that violate the provisions of paragraphs 2 and 3 of the article
27. when:
a) The rights on the contents in question are acquired with knowledge of the
your nature; or
b) Addressing retransmissions of content from countries not
belonging to the European Union, the offence is manifest and notorious and the operator
of distribution does not make it impossible to access the respective contents.
3-A negligence is punishable, being reduced to half the minimum and maximum limits
of the applicable fines.
Article 78.
Responsible
1-Pelas counter-ordinations provided for in the previous articles responds to the operator of
television in whose service of programmes has been committed the offence, except as
48
to the violation of Article 60 (2), by which the holder of the right of antenna is responsive.
2-The distribution operator responds by the counter-ordinations that are
imputable pursuant to Art. 25 and Article 77 (2)
Article 79.
Offence committed in time of antenna
The violation of the provisions of Article 27 (2) and (3) and Article 60 (2), provided for in the
point ( a) of Art. 77 (1), when committed in the exercise of the right of antenna, is
still, depending on the seriousness of the offence, punished with the ancillary sanction of suspension
of the exercise of the same right for periods of three to 12 months, with a minimum of six
to 12 months in the event of a recurrence, without prejudice to other penalties provided for in the law.
Article 80.
Special attenuation and dispensation of suspension and cofine
1-Should you check the circumstances of which the general law does depend on mitigation
special of the penalty:
a) In the event of mild or serious counterordinance, the provisions of paragraph 3 of the
article 18 of the Decree-Law No 433/82 of October 27;
b) In case of very serious counterordinance, the limits of the fine are reduced in
a third, and may not be enacted to suspend the licence or permit
of the program service, or of the transmission of the program .
2-In the event of a mild counterordinance may the agent be relieved of the fine if if
check the circumstances of which the general criminal law does depend on the dispensation of the
pity.
3-The operator may be discharged from fine in case of violation of time limits
of advertising set out in Article 40 when the default of such limit in a
given time occurs for reasons of exceptional suitably justified nature,
specifically the unforeseen delay or extension of the issue, and if it finds that,
on the set of that time, from the previous and the following, was respected the accumulated limit of the
advertising provided for in that provision.
49
Article 81.
Special aggravation
If the operator commits a counterordinance after it has been sanctioned, there is less
of one year, by another counter-ordinance provided for in this Law, the minimum limits and
maximum of the fine and suspension of the transmission are high for double.
Article 82.
Revocation of licence or permit
1-A violation of the provisions of Article 7 (2), paragraph º1 of Article 21, paragraphs 2 and 3 of the
Article 25, in Article 27 (2) and (3), in Article 31 (2) and 6 (6), para.
Article 33 (1), in Article 39 (1), Article 59 (1), Article 62 (2)
and in Article 66 (1) and the violation of the obligations of coverage and obligations of
fastening to which the operator is bound, in programme services
televisions that have already been the subject of two other counter-ordinations of the same
gravity can give way to the revocation of the respective license or authorization.
2-For the purposes of the provisions of the preceding paragraph , any counter-ordinance cees to be
taken into account when, between the conviction of its practice and that of counterordinance
next, has elapsed more than two years.
3-A violation of the provisions of Article 12 and Article 30 (2) may, in the light of the
gravity of the illicit, give way to the revocation of the license or authorization of the services of
television programmes in which it has been committed.
4-A violation of the provisions of Article 20, may give way to fixation, by the entity
regulator for social communication, from a new deadline for the start of emissions,
terminated which, in the event of the persistence of the default, is revoked the licence or
authorization.
5-A repeated violation of the provisions of the provisions of the a) a c) of Article 73 (1) may give
place on the revocation of the license or authorization of the services of television programmes in
that has been committed.
6-A violation of the point d) of Article 73 (1) may give way to the revocation of the licence
or authorization of the services of television programmes in which it has been committed.
50
Article 83.
Suspension of execution
1-Can be suspended the execution of the suspension of the permit or the authorization of the service
of programs, or of the transmission of the program, for a period of three months to one year,
case if you check the assumptions that the general criminal law does depend on the suspension of the
execution of the penalties and the operator has not been sanctioned by counter-ordinance there are
at least one year.
2-A suspension of execution may be conditioned on the provision of good collateral
conduct, to be fixed between 20000 a to € 150000, taking into account the duration of the suspension.
3-A The suspension of the execution is always revoked if, during the respective period, the
infractor commit very serious counterordinance.
4-A revocation determines the fulfillment of the suspension whose execution was suspended
and the break of the collateral.
Article 84.
Process abbreviated
1-In the case of infringement of the provisions of Article 40 (1) and (2) and any other
where the regulator for the media dispose of recording or other
automated registration of the facts constituting the offence, as soon as it acquired the news
of the offence, the operator shall be notified:
a) Of the constitutive facts of the offence;
b) Of the infringing legislation;
c) Of the applicable sanctions;
d) Of the time frame granted for submission of the defence.
2-The defendants may, within 20 days of the notification, submit their defence,
in writing, with the indication of means of proof that it understands should be produced.
Article 85.
Cautionary suspension of transmission
1-Havendo strong evidence of the very serious counterordinance practice predicted
present law, and if, in concrete, attentive to the nature of the transmission and the rest
51
circumstances, whether to occur danger of continuation or repetition of the illicit activity
Indicted, the regulator for the media can order the suspension
immediate transmission of the program or service of programs in which it has been
committed the offence.
2-A The decision is likely to challenge judicial, which will be immediately sent
for judicial decision, and shall be adjudicated within a maximum of 15 days from the
moment in which the autos are received in the competent court.
Article 86.
Limitations to retransmission
1-A regulator for the media can suspend the retransmission of
services of free or non-free access television programs
conditioned with signature, or of the respective programs, when:
a) Prejudice manifests, serious and gravely the free formation of personality
of children and adolescents, particularly with the issuance of programmes that
include scenes of pornography or gratuit-free violence; or
b) Inciting hatred, racism or xenophobia;
and the transmitter television operator has committed such a violation at least two
times in the course of the preceding 12 months.
2-Dealing with services of TV programmes or programmes from
other member states of the European Union, the providence referred to in the preceding paragraph
must be preceded:
a) From notification made by the regulator to the media, to the
broadcaster television operator and the European Commission, in which they are
identified the alleged violations and the measures that will be adopted, if such
violations if they check again;
b) In case of persistence of the violation, the 15-day period of the following has elapsed from the
notification of the preceding paragraph and after the conciliatory consultations between the State
Member of transmission and the European Commission, of notification of the entity
regulator for the media to the European Commission, the Member State
of transmission and still to the distribution operator of the suspension of the
retransmission of the programmes that contravens the provisions of the preceding paragraph.
52
SECTION III
Special process provisions
Article 87.
Form of the process
The procedure for the criminal offences committed through the television is governed by the
provisions of the Code of Criminal Procedure and supplementary legislation, with the
specialties arising from this Law.
Article 88.
Territorial competence
1-To know about the crimes provided for in this Law shall be competent the court of
comarca of the place where the operator has its seat or permanent representation.
2-Except for the provisions of the preceding paragraph the crimes committed against the good
name and reputation, the reservation of private life or other assets of the personality, whose
appreciation is of the jurisdiction of the court of the comarch of the domicile of the offending.
3-In the case of television broadcasts by unauthorized entity under the law, and
not being known the defining element of the competence under the terms of paragraph 1, is
competent the Judicial Court of the Comarch of Lisbon.
Article 89.
Suspension cautionary in process for crime
The provisions of Article 85 shall apply, with the necessary adaptations, to the proceedings by
crime provided for in this Act, by the fact that the prosecutor's office is required to apply for suspension
cautionary during the enquiry.
Article 90.
Regime of proof
1-For proof of the assumptions of the exercise of the rights of reply or rectification,
and without prejudice to other means admitted by law, the person concerned may apply, in the
53
terms of article 528 of the Code of Civil Procedure, which the issuing entity is
notified to present, within the time of the dispute, the recordings of the program
respective.
2-In addition to that referred to in the preceding paragraph, it is only admitted documentary proof that if
joins with the initial application or with the contestation.
Article 91.
Diffusion of decisions
1 - The application by the Public Prosecutor's Office or the offending, and upon a court decision, the
decisive part of the sentencing sentencing carried out on trial for crimes committed
through the television, as well as the identity of the parties, is disseminated by the entity
broadcaster.
2-The accused in the process-crime reported through television and subsequently
acquitted by sentence carried forward on trial, may apply to the court that the content of that
sentence is also reported by the issuing entity, in the same service as
programs and on time, space and with equivalent televisual prominence.
3-A diffusion of the deciding part of the sentences to which the previous figures refer
shall be carried out in such a way as to safeguard the rights of third parties.
CHAPTER VIII
Conservation of television heritage
Article 92.
Legal deposit
1-The records of qualifiable emissions as a public interest, depending on your
historical or cultural relevance, become subject to legal deposit, for the purposes of
long-term conservation and accessibility to researchers.
2-The legal deposit provided for in the preceding paragraph shall be regulated by a diploma of its own, which
will safeguard the interests of the authors, producers and television operators.
3-The State also promotes long-term conservation and accessibility
public of the records considered to be of public interest prior to the promulgation of the
regulatory diploma of the legal deposit, through specific protocols concluded with
54
each of the operators.
CHAPTER IX
Final and transitional provisions
Article 93.
Skills of regulation
1-Unless otherwise lawful provision, it is incumbent on the regulator for the
media the regulation of the subjects provided for in this diploma and the
monitoring of its compliance.
2-Compete to the regulator for the media the instruction of the processes
of counterordinance provided for in this Law and to its President the application of the fines
correspondents.
3-A revenue from the fines reverses in 60% to the state and in 40% to the entity
regulator for social communication.
Article 94.
Reserve of capacity
1-In the allocation of frequency usage rights for the broadcasting service
digital television terrestrial coverage of national unconditioned access free is
reserved transmission capacity for the services of television programmes
diffused in analogical mode by terrestrial hertziana held by the operators
licensed or concessionaied at the date of entry into force of this Law.
2-The right to which the preceding paragraph shall be referred shall be exercised to the entity
regulator for the media by the operators concerned, under penalty of
lapse, within 60 days after the date of the allocation of the right of use
of those frequencies.
3-The non-exercise of the right provided for in the preceding paragraphs shall be without prejudice to the provisions
in Article 25 (2) and (3) of this Law.
55
Article 95.
Overdue changes
The allocation of new licences or permits as well as the modification of the framework
existing lawmaking do not constitute grounds for television operators to
random change of the conditions of exercise of the activity, in terms of balance
economic and financial, nor do they confer right to any compensation.
Article 96.
Remissions
They consider themselves to be made for the corresponding provisions of this Law as
remissions carried out for Law No 32/2003 of August 22.
Article 97.
Transient standard
1-The provisions of Article 22 (1) and 1 (1) shall be without prejudice to the counting
of the time limits for licences, permits and the granting of the public television service in
course at the date of the entry into force of this Law.
2-The provisions of Article 23 shall apply to licences or permits held by the
operators in exercise at the date of the entry into force of this Law, and the first
interim assessment occurs at the end of the first or the subsequent second fortnight
at the date of the assignment or of the last renewal, as the case may be.
3-The standards of this Law shall be fully applicable to companies which, at the date of their
entry into force, in fact exercise a television activity, as defined in the
point ( a) of Article 2 (1)
Article 98.
Abrogation standard
1-Are revoked:
a) The Act No. 32/2003 of August 22;
b) The Decree-Law No. 237/98 of August 5.
56
2-Articles 4 and 5 of Law No 32/2003 of August 22, however, remain in
vigour until the entry into force of the law approving the legal regime of the concentration of the
entitlements of the media.
Seen and approved in Council of Ministers of February 22, 2007
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs