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PROPOSED LAW NO. 76 /X

Exhibition of Motives

It is usual to state that the way in which states deal with freedom of the press

constitutes the best barometer to afer to the health of its democracies, attentive the

indispensable role of the media in the free formation of public opinion. The

constitutional consecration of a set of guiding principles of activity,

how pluralism and the non-concentration of the title of the media

social, the transparency of their ownership, the specialty of their respective companies and the

its independence in the face of political and economic powers, as well as recognition

of special rights to its main agents, the journalists-the freedom of

expression and creation, the right of participation and internal organization, the right to

access to the sources of information, the right to independence and professional secrecy-it is

an explicit reflection of the institutional or objective dimension that is recognized to

media in Portuguese society. It of little serves, however, its

enunciation, even if it is coated with the special regime of rights, freedoms and guarantees

fundamental in which such principles and rights integrate, without the necessary intervention

conformer of the legislator, through the creation of clear safeguard mechanisms.

One of the most important domains is, in this respect, that of the articulation between the

property and the editorial conduct of a media body. Any type

of external pressure on journalistic activity, constitutes, in a State of law

democratic, an impermissible condiment of the right to information and protection

of the independence of the journalists, as arising from Article 38 (2) of the

Constitution of the Portuguese Republic. Starting from the assumption that the intervention

of the owners of the media bodies or their representatives only if

may confine to the definition of the guidelines of these organs, through adoption or

revision of the respective editorial status in the applicable legal terms, as well as the

choice of personnel to be involved, and in the sense of strengthening the independence of journalists,

the present proposed law comes expressly to prevent these professionals from being able to

be constrained not only to subscribe to opinions such as to refrain from doing so, as well as

exclude the possibility of encircling the autonomy of journalists by any person

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not statutorily enabled for the purpose. According to the same intention,

it is possible for journalists to prevent the publication of their texts in organs of

media with whose editorial guidance they disagree, of the same step as if

subjecting the offenses to the independence of journalists to the counterordinational regime. No

It is awarded to the drafting boards the power of verification, in the first

instance, of the fulfillment of those duties by the business structures in which they are

entered, strengthening in the same way as their skills in the participation of life

editorial of the respective media bodies. Still in the field of protection

of the independence of journalists, the uncertainty in the determination of the values due by the

actioning of the conscience clause, provoked by the amendment of the rules of

setting of the claims to be awarded for dismissal without just cause constant cause

labour legislation, makes it also recommended to set the calculation reference in the

own Statute of the Journalist.

Still related to the independence of journalists is the protection of the

respective copyright. The Act's own Law No. 1/99 of January 13, provided for, in its

Article 21, the approval, within 120 days, of a specific diploma that would regulate the

matter. To this day, notwithstanding a Draft Law (No 50 /IX) submitted by the Group

Socialist Party lawmaker in the Assembly of the Republic has been passed

unanimously in the generality (on 01/16/2003), such has not yet succeeded. Know yourself, to this

purpose, that the practice followed by some companies sometimes reveals the trend

to consider legitimate re-use, without prior definition of the respective

conditions, of the journalistic works for you produced, forgetting that the salary

fixed by the execution of a contract of employment does not automatically confer a

property of the creative works that it results from. Once such a practice, by withdrawing from the

journalists the power to decide on the fate of their creations and making them mere

performers and non-autonomous creators, is likely to compromise their

self-determination and independence, clarifies now, according to the tradition indeed

continental of the copyright law in which Portugal enrolled, that the celebration of a

contract of employment does not involve the overall assignment of the copyright generated under your

effective. In contrast, and with a view to the protection of investments from the

companies and the non-stonewalling of their business, the right of these

use, for a period of not more than thirty days (deadline within which you consider

maintain the topical imperatives that have justified or demanded the production of the

work in question) and for informational purposes, without a need for contractual authorization

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specific, journalistic work protected by copyright law, presuming

still the annuence of journalists for the use of their works, until the renegotiation of

new conditions and for a period of not more than three months, on supports of

non-existatory social communication at the date of the conclusion of that contract. Safeguarded

stay always, as it could not let go of being, the moral rights of journalists

creators, whether with respect to the possibility of their name never cede to stay

associated with their works both as to the possibility of defending their integrity and

genuineness or, said otherwise, of its original structure and sense.

On the other hand, the protection of the professional secrecy of journalists constitutes not only a

constitutional imperative as an indispensable requirement to ensure freedom

of information and the quality of democracy. In that sense spoke the Resolution

of the European Parliament of 1994 on the confidentiality of journalistic sources, the

Resolution No 2 on journalistic freedoms, adopted at the Ministerial Conference

on the Policies of the Media (Prague, December 1994), or Recommendation n. R

(2000) 7, of the Committee of Ministers of the Council of Europe. The Explained Report of this

last document, for example, is very clear when, in your paragraph 38, it determines

that the public interest underlying the non-revelation of journalistic sources [only] can

be brought into question when the breach of secrecy is necessary for the protection of human life

or to the prevention of greater crime, as is the case with homicide or bodily offenses

very serious, crimes against national security or serious cases of organized crime.

It is emphasized that, in this purpose, the Declaration of the Committee of Ministers of 03/2/2005,

on the freedom of expression and information of the media in the context of the fight against

terrorism, it clarifies that this objective should not allow the authorities to surround the

right to the professional secrecy of journalists in addition to that provided for in the said

Recommendation n. R (2000) 7.

Also the case law of the European Court of Human Rights shows

uniform as to the imperious social need for the protection of professional secrecy of the

journalists (see, p. ex., the sentences extracted in the cases Goodwin vs. UK,

03/27/1996, De Haes and Gijsels vs. Belgium, 02/27/1997 or Ernst and others vs.

Belgium, 10/15/2003) , and the submission of your break to exceptional circumstances where

vital interests are involved, to the extent that they can be established of

convincing form.

Thus, making it necessary to circumscribe the concept of "preponderant interest",

of whose judicial weighting the Article 135 (3) of the Code of Criminal Procedure does

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depend, at present, on the possibility of breaking the professional secrecy of the journalist, to the

framework of the legal goods of greater dignity in our planning, such as life and

physical integrity, as well as national security, and still severe cases of

organized crime, it reduces to fair limits the margin of appreciation

subjective of the judge in his determination, as it follows from the above international texts

quoted. At the same time, it is limited to such cases the situations of passable searches of

reach the materials used by journalists, initiatives which, when they take place in

media organ, should always be presided over by a judge and be able to count

with the presence of representative of that professional class. Protects the material that

can be apprehended in the course of an authorized search, so that it only

you can access the competent judge to determine the breach of the secret and to which only

can be used as evidence in the cases in that breach is admitted by law.

Another innovation brought about by this proposed law relates to the need for

promote the professional qualification of journalists, attests to the special requirements and

responsibilities of which it is active. Without prejudice to the safeguard of

professional situations already constituted, it becomes a requirement of the exercise of the profession to

possession of top-level academic habilitation, in addition to the mandatory frequency of

a professional internship, and may this be exceptionally dispensed when

proves the existence of a consolidated professional experience.

The revision of the Statute is also marked by the clearance of the definition of journalist,

vincing editorial capacity as a requirement of the profession, as well as the

clarification of the informative purpose of the respective activity. The regime of the

professional incompatibilities is, on the other hand, the subject of further development.

It is understood last necessary to supply an existing gap in legal planning

portuguese, what is the accountability for non-compliance with the legal duties of the

journalists. In fact, the appreciation of the violation of the legal and deontological duties of the

journalists are currently procession through the Deontological Council of the Union of the

Journalists. Now, this, notwithstanding, represents a necessary instance of reflection

criticism of the ethical conduct of journalists, sees their sphere of performance limited by

integrate a professional association without powers over the unassociated journalists.

Intending to overcome this void, it has chosen to confer on the Committee of the Portfolio

Professional of the Journalist, independent public entity made up of journalists

experienced, assigned in equal numbers by the professional and employer structures, and

chaired by a jurist, competencies to appreciate the cases of violation of duties

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legal of journalists and to apply sanctions to their default, with the possibility of

recourse, in the general terms, to the courts. The forecasted sanctionatory framework appears,

by his shift, quite balanced, listening necessarily both to the gravity of the

infringement either to the fault of the agent and denoting a formative purpose more than

repressive.

The Regulatory Entity for Social Communication has been heard, the Commission of the

Professional portfolio of the Journalist, the Portuguese Confederation of Means

Social Communication and the Union of Journalists.

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:

Article 1.

Amendment to Law No. 1/99 of January 13

Articles 1, 2, 3, 5, 7, 10, 11, 12, 13, 14, 15, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17, 17.

20. and 21 of Law No. 1/99 of January 13, which shall be replaced by the following:

" Article 1.

[...]

1-Are considered journalists those who, as the main occupation,

permanent and remunerated, exercise with editorial capacity functions of

research, collection, selection and treatment of facts, news or opinions,

through text, image or sound, intended for dissemination, with purposes

informations, by the press, by news agency, by the radio, by the

television or by any other electronic means of diffusion.

2-[...] .

Article 2.

Capacity

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1-Can be journalists the citizens in the full enjoyment of their civil rights

who hold a top level academic habilitation.

2-They may still be journalists the citizens in the full enjoyment of their rights

civilians who voucher, before the Commission of the Professional Portfolio of the

Journalist, having exercised a journalistic activity for period not

less than six years, specifically as local correspondents or

collaborators of media bodies.

Article 3.

[...]

1-[...]:

a) Functions of angling, design or presentation, through

text, voice or image, of advertising messages;

b) Marketing functions, public relations, press office and

consulting in communication or image, as well as of

planning, coaching and implementation of commercial strategies;

c) Functions in information and security services or in any

body or police corporation;

d) [...];

e) Functions as holders of organs of sovereignty or other

political offices, as identified in the ( a) , b ), c) , e) and

g) of Article 1 (2) of Law No 64/93 of August 26 in the

wording given to it by the Leis n. 39-B/94, 27 of

December, paragraph 28/95, of August 18, para. 42/96, August 31

and No. 12/98 of February 24, and as deputies in the

Regional Legislative Assemblies, as well as functions of

advice, policy or technique, to such associated posts;

f) [...].

2-It is also considered advertising activity incompatible with the

exercise of journalism to participate in initiatives that aim to disclose

products, services or entities through personal notoriety or

institutional of the journalist, when those are not determined by

uniquely editorial criteria.

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3-It is not incompatible with the exercise of the profession of journalist the

voluntary performance of unpaid shares of:

a) Promotion of activities of public interest or solidarity

social;

b) Promotion of the informative activity of the communication body

social so that you work or collaborate.

4-The journalist covered by any of the planned incompatibilities

in paragraphs 1 and 2 shall be prevented from carrying out the respective activity, and shall,

before starting the activity in question, depositing with the Commission of the

Professional portfolio of Journalist your habilitation title, which will be

returned, the application of the person concerned, when to cease the situation that

determined the incompatibility.

5-In the case of the presentation of the messages referred to in ( a) of paragraph 1

or participation in the initiatives set out in paragraph 2, the

incompatibility beams for a minimum period of three months on the

date of the last disclosure and only considers itself to be ceased with the display of

proof that it is extinct the contractual relationship of image ceding,

voice or name of the journalist to the promoter entity or beneficiary of the

publicitation.

6-Fishing the period of the incompatibility, the journalist gets impeding, by a

period of six months, of carrying out its activity in editorial areas

related to the role it has played, such as such recognized

by the board of the media body for which

work or in which to collaborate.

Article 4.

[...]

1-It is a condition of the exercise of the profession of journalist the habilitation with the

respective title, which is issued and renewed by the Committee of the Portfolio

Professional of Journalist, in the terms of law.

2-[...].

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Article 5.

[...]

1-A The profession of journalist starts with a compulsory internship, to be completed

with harnessing, with the duration of twelve months, in case of

degree in the area of social communication or habilitation with a degree

equivalent, or eighteen months in the remaining cases.

2-[...].

3-In the first fifteen days from the beginning or the restart of the internship, the

responsible for the information of the communal media body

to the drafting board and to the Commission of the Professional Portfolio of the

Journalist the admission of the trainee and the name of the respective advisor.

4-For the calculation of the professional seniority of journalists is counted the

stage time.

Article 7.

Freedom of expression

The freedom of expression of journalists is not subject to impediments or

discrimination nor subordinate to any type or form of censorship.

Article 10.

[...]

1-[...].

2-[...].

3-[...].

4-In case of disagreement between the organisers of the show and the organs

of social communication, in the actuation of the rights provided for in the

previous figures, any of the interested may apply for

intervention of the Regulatory Entity for Social Communication, having the

deliberation of this binding organ nature and incurring a crime of

disobedience who does not abide by it.

5-[...].

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Article 11.

[...]

1-The journalists are not required to reveal their sources of information,

and may not be held responsible for their silence, unless the provisions of the

n. 3.

2-The judicial authorities in the face of which the journalists are

called the deper must inform them beforehand, under penalty of

nullity, on the content and extent of the right to the non-disclosure of the

sources of information.

3-A The revelation of the sources of information can only be ordered by the

court, in accordance with that provided for in the criminal procedural law, when such

is necessary for the investigation of serious crimes against the people,

including, notably, doleful crimes against life and integrity

physics, as well as for the investigation of serious crimes against the

state security or serious cases of organised crime,

as long as it is proven that the breaking of secrecy is fundamental to the

discovery of the truth and that the respective information very

could hardly be obtained in any other way.

4-In case it is ordered to reveal the sources in the terms of the number

previous, the court must specify the scope of the facts on which the

journalist is obliged to provide testimony.

5-When there is room for the revelation of the sources of information in the terms

of paragraph 3, the judge may decide, by order, officiously or at

application of the journalist, restrict the free assistance of the public or

that the provision of testimony decorates with exclusion of advertising,

by staying the actors in the act obligated to the duty of secrecy on the

facts reported.

6-The information directors of the media and the media

administrators or managers of the respective proprietary entities, well

as any person who carries out duties, they cannot, save

upon written permission of the journalists involved, disclose the

respective sources of information, including the journalistic archives of

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text, sound or image of the companies or any documents

likely to reveal them.

7-A search in social media organs can only be ordered or

authorized by the judge, which he personally chairs the due diligence, advising

previously the president of the trade union organization of journalists with

greater representativeness so that the same, or one your delegate, can

be present, subject to confidentiality.

8-The material used by journalists in the exercise of their profession only

can be apprehended in the course of the searches in communication bodies

social provided for in the preceding paragraph or carried out elsewhere

upon warrant by judge, in the cases and for the purposes set out in paragraph 3.

9-The material obtained in any of the actions provided for in the figures

previous ones that allow the identification of a source of information is

sealed and referred to the competent court to order the break of the

secrecy, which can only authorize its use as evidence in the cases

and terms referred to in paragraph 3.

Article 12.

[...]

1-The journalists cannot be constrained to express or subscribe

opinions neither to refrain from doing so, or to perform tasks

professionals contrary to their conscience, nor can they be targeted

disciplinary measure by virtue of such facts.

2-journalists may refuse any orders or service instructions

with incidence in editorial matter emanating from person who does not exercise

charge of direction or heads in the area of information.

3-The journalists have the right to object to the publication or disclosure of the

their works, even if not protected by copyright law, in organ

of the diverse media of that in whose writing they exercise

functions, even if held by the company or economic group to which

find contractually bound, as long as invoicing, in a way

substantiated, disagreement with the respective editorial guidance.

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4-In case of profound alteration in the line of orientation or in the nature of the

media organ, confirmed by the Regulatory Entity for

the Social Communication at the motion of the journalist, presented at the

deadline of sixty days on the date of the verification of the elements

constitutive of the modification, this may cause the working relationship to cease

with a fair cause, having a right to compensation corresponding to a

month and a half of base retribution and diuturnals for each full year

of service and never less than three months of base retribution and

diuturnals.

5-The right to termination of the contract of employment in the terms provided for in the

previous paragraph shall be exercised, under penalty of expiry, in the thirty

days subsequent to the notification of the deliberation of the Regulatory Entity

for Social Communication, which must be taken within thirty days

after the journalist's request.

6-The emerging conflicts of the provisions of paragraphs 1 a to 3 are addressed by the

Regulator for Social Communication upon participation,

instructed with reasoned opinion on the situation that gave them

origin, of the drafting council, of the journalists or equiped

directly affected or from the trade union organisations of the journalists.

Article 13.

[...]

1-[...].

2-In the media bodies with five or more journalists, these

elect a board of writing, by secret ballot and second

regulation per se approved.

3-[...].

4-[...]:

a) [...];

b) [...];

c) [...];

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d) Participate in the elaboration of the codes of conduct that come to be

adopted by the media bodies and pronounce

on its final wording;

e) [Previous point (d)];

f) Pronounting on the invocation by the journalists of the rights

provided for in Article 12 (1 a) (3);

g) To comment, through opinions or recommendations, on

deontological or other matters relating to the activity of the

wording;

h) [ Previous point (g) ].

Article 14.

[...]

1-Constitutive fundamental duty of journalists to exercise their respective

activity with respect for professional ethics, by competing with them,

specifically:

a) To inform with rigor and exemption, rejecting sensationalism and

demarcating clearly the facts of the opinion;

b) Repudiate censorship or other illegitimate forms of limitation of the

freedom of expression and the right to inform, as well as

to disseminate the conducts which are an attack on the exercise of these rights;

c) Refuse functions or tasks likely to compromise your

independence and professional integrity;

d) Respect the guidance and objectives set out in the statute

editorial board of the media body for them to work;

e) Search for the diversification of your sources of information and listen to the

parties with an attentive interests in the cases of which they are occupied;

f) Identify, as a rule, their sources of information, and assign the

opinions collected from the respective authors.

2-It is still the duties of journalists:

a) Protect the confidentiality of sources of information in the measure

of the exigent in each situation, taking into account the provisions of paragraph 3

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of Article 11, except if they try to use them to obtain benefits

illegitimate or to vehicular false information;

b) Undertake the rectification of the incorrections or inaccuracies that

are attributable;

c) Abstain from formulating charges without evidence and respecting the

presumption of innocence;

d) Refrain from collecting statements or images that attain the

dignity of people through the exploitation of their vulnerability

psychological, emotional or physical;

e) Do not discriminatorily treat people, specifically in

reason of ancestry, sex, race, language, territory of origin,

religion, political or ideological beliefs, instruction, situation

economic, social condition or sexual orientation;

f) Do not collect images and sounds with recourse to means not

authorized unless a state of need occurs

for the safety of the persons involved and the public interest the

justifies;

g) Failing to identify, directly or indirectly, victims of crime

against freedom and sexual self-determination, against honour or

against the reservation of private life until the trial hearing, and

beyond it, if the offending is less than 16 years old, as well as the

minors who have been the subject of tutelary measures

sanctionatory;

h) Preserve, save for reasons of undisputed public interest, the reservation

of intimacy, as well as respecting privacy according to the

nature of the case and the condition of the people;

i) Identify yourself, save for reasons of manifest public interest, such as

journalist and not staging or falsifying situations with the aim of

abusing the good faith of the public;

j) Do not use or present as your any creation or provision

alheia;

l) Abstain from participating in the treatment or presentation of materials

lures, specifically contests or pastimes, and of televottes.

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3-Without prejudice to criminal or civil liability that to the couber case

in the general terms, violation of the deontological component of duties

referred to in the preceding paragraph may only give way to the scheme of

disciplinary responsibility provided for in this Law.

Article 15.

[...]

1-For the purposes of ensuring access to information, from subjecting to standards

ethics of the profession and the regime of incompatibilities, are equated with

journalists the individuals who, by not fulfilling the requirements set in the

article 1, exercise, however, in an effective and permanent manner, the functions

of direction of the informational sector of the media organ.

2-[...].

3-No company with activity in the field of media

may maintain at your service, as the director of the informational sector,

individual who does not show himself identified in the terms of the previous number.

Article 16.

[...]

The local correspondents, as well as the specialist collaborators and the

collaborators of the informative area of media organs

national, regional or local, which exercise regularly

journalistic without this constitutes its main occupation, permanent and

remunerated, are bound by the ethical duties of journalists and are entitled

to an identification document, issued by the Committee of the Portfolio

Professional of Journalist, for the purposes of access to information.

Article 17.

[...]

1-It is a condition of the exercise of functions of organ correspondent of

foreign media in Portugal the habilitation with card of

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identification, issued or recognized by the Commission of the Portfolio

Professional of Journalist, who titrates his activity and guarantees his / her

access to sources of information.

2-Foreign correspondents become subject to the ethical standards of

profession as a journalist and to the respective regime of incompatibilities.

Article 20.

[...]

1-[...]:

a) From € 200 a to € 5,000, the infringement of the provisions of Article 3;

b) From 1,000 a to € 7,500:

i) The infringement of the provisions of Article 4 (1), paragraph 2 of the article

15. and in Article 17 (1);

ii) The failure to comply with the provisions of Article 5 (3);

c) From 2,500 a to € 15,000:

i) The infringement of the provisions of Article 4 (2), paragraph 2 of the article

7.-A, in Article 7 (2)-B, in Article 15 (3) and in paragraph 6

of Article 21;

ii) The violation of the limits imposed by Article 7 (4)-A and

by paragraphs 3 and 4 of Article 7-B;

iii) The violation of the willing in paragraphs 1 a to 3 of Article 12.

2-[...].

3-A negligence is punishable, being reduced to half the minimum limits and

maximum provided for in paragraph 1.

4-It is punishable to attempt the commission of the offences of the provisions of the provisions of paragraphs 1 and

2 of Article 12.

5-A instruction of counterordinance processes and the application of fines

for infringement of Articles 3, 4, 5, 7.-A, 7.-B, 15, 17 and 21 is from the

competence of the Journalist's Professional Portfolio Committee.

6-A instruction of the processes of the counter-ordinations and the application of the

fines for infringement of Articles 8 and 12 is the competence of the Entity

Regulator for Social Communication.

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7-The product of the fines for infringement of Articles 3, 4, 5, 7.-A, 7.

15. and 17. revert in 60% to the State and in 40% to the Commission of the

Professional portfolio of the Journalist.

8-The proceeds of the remaining fines revert in full to the State.

Article 21.

Professional disciplinary sanctions

1-Constituting professional disciplinary offences the violations of the

duties set out in Article 14 (2).

2-Professional disciplinary offences are punishable by the following

penalties, taking into account the seriousness of the offence and the fault of the agent:

a) Repreension written;

b) Penalty payment of € 100 a € 10000;

c) Suspension of the exercise of professional activity up to 12 months.

3-To determine the degree of fault of the agent, specifically when

has acted in the fulfillment of a duty of hierarchical obedience, the

Commission of the Journalist's Professional Portfolio may apply for the

elements that understand necessary to the board of the body of

media in which the offence has been committed.

4-A pecuniary penalty as referred to in subparagraph b) of paragraph 2 can only be

applied when the agent, in the three preceding years, has been

sanctioned with any of the penalties provided for in that device.

5-A penalty of suspension of the exercise of the activity can only be applied

when the agent, in the preceding three years, has been sanctioned by the

less twice with any of the penalties provided for in points a) and b)

of paragraph 2, or once with identical suspension penalty.

6-Seated the term of contentious objection, or carried forward on trial

the respective process, the adjudicatory part of the conviction is made public,

within seven days and under conditions that ensure its proper

perception, by the media body in which it was committed to

infringement.

7-The disciplinary procedure is conducted by the Committee of the Portfolio

Professional of the Journalist and can be triggered by his initiative,

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upon participation of person who has been directly affected

by the disciplinary offence, or the drafting board of the organ of

social communication in which this was committed, when exhausted

internally its competences in the matter.

8-The procedure ensures the right of defence of the accused persons, in the terms

of the approved disciplinary regulation, after public consultation to the

journalists, by the Commission of the Journalist's Professional Portfolio, and

published in the II series of the Journal of the Republic .

9-The product of financial penalties reverses to the Portfolio Commission

Professional of the Journalist. ".

Article 2.

Addition to Law No. 1/99 of January 13

They are deferred to Law No. 1/99 of January 13 Articles 7-A, 7-B and 7.-C, the Chapter

III-A, integrating Articles 18-A and 18.-B, and Article 22, with the following:

" Article 7.

Freedom of creation and copyright

1-Considerate works, protected pursuant to the terms set out in the Code of

Right of Author and the Rights Condices and in this Law, the creations

intellectuals of journalists for any externally-externalized mode,

specifically the articles, interviews or reports that do not

limit to the dissemination of news of the day or to the reporting of events

diverse with the character of simple information and which translate your

individual capacity of composition and expression.

2-The journalists have the right to sign, or to make identify with the

their respective professional name, registered in the Portfolio Commission

Professional of the Journalist, the works of his authorship or in which they have had

participation, as well as the right to claim at any time to your

paternity, specifically for the purposes of recognizing the

respective copyright law.

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3-The journalists have the right to object to any and all modification that

disown your works or that may affect your good name or

reputation.

4-The journalists cannot object to formal modifications introduced

in his works by journalists performing duties as his

hierarchical superiors in the same drafting structure,

specifically those dictated by dimensioning needs,

linguistic correction or suitability to the style of the respective organ of

social communication, sensing them licit, however, refuse the association

of your name to a journalistic piece in whose final writing if not

recognize or that it does not deserve your concordance.

5-A transmission or early burdening of the heritage content of the

author's right about future works by eventual collaborators or

independent can only cover those that the author comes to produce on the deadline

maximum of five years.

Article 7-B

Right of author of the employed persons

1-Unless the provisions of paragraph 3, the journalists who carry out their activity in

implementation of a contract of employment are entitled to a remuneration

autonomous by the use of its works protected by copyright law.

2-Out of the cases provided for in the following number, the authorisations for

any communication to the public of the intellectual creations of the

salaried journalists, or the transmission, total or partial, of the

respective author's patrimonial rights, are established through

specific contractual arrangements, in accordance with the form required by law,

containing compulsorily the colleges covered and the conditions of

time, place and price applicable to your use.

3-It is considered included in the object of the contract of employment the right to

use of work protected by copyright law, for informational purposes

and for the period of 30 days counted from its first provision to the

public, in each of the media bodies, and their respective

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electronic sites, held by the company or economic group to which the

journalists find themselves contractually bound.

4-Presumem authorized by the author, pending the formalization of

new agreement with the employer and for a maximum period of three

months, the uses of works produced in the duration of a contract of

work involving non-existant modes of exploitation or

indeterminable at the date of the conclusion of the agreements of use

background.

5-Article 174 (2) of the Code of the Right of Author and Rights

Related is applicable, with the necessary adaptations, to the remaining means

of communication to the public of journalistic works.

Article 7-C

Commission of arbitration

1-In the absence of agreement as to the conditions of use of the works

protected and the amounts due, any of the interested may

request the intervention of an arbitration commission, to be constituted by

initiative and with the Journalist Professional Portfolio Commission of the Journalist.

2-A The commission is composed of two law graduates chosen by

each of the parties and by a jurist with a recognized experience in the

area of the copyright, drawn from among list drawn up by the Commission

of the Professional Portfolio of the Journalist, who presides.

3-A committee works in accordance with regulation approved by the

Commission of the Journalist's Professional Portfolio in the following six months

at the date of the entry into force of this Law, its decisions being

feature actionable, with merely devolutive effect, to the court

of the Relation.

4-The regulation referred to in the preceding paragraph guarantees the principles of

equality, the hearing of the parties and the adversarial and includes,

specifically, the following rules on notifications, evidence and

deadlines for the practice of procedural acts, including the final decision,

being supplements as a supplement to the provisions of the arbitration law

voluntary.

20

5-Without prejudice to the verification of the existence and appreciation of the terms of the

authorizations granted by the respective authors, the committee has in

account, in the setting of the remuneration due for the use of works

protected, the charges borne by the companies for the production of the

works in question, the values practiced for congenic uses in the

various countries of the European Union, as well as the economic situation and

financial of the companies holding the media bodies in

that take place.

CHAPTER III-A

Commission of the Journalist's Professional Portfolio

Article 18-A

Nature and composition

1-A The Committee of the Journalist's Professional Portfolio is an organism

independent of public law, to which it is incumbent to secure the

operation of the professional accreditation system of professionals

of information from the media, as well as compliance with the

fundamental duties that on them impend in the terms of the present

law.

2-A The Journalist's Professional Portfolio Committee is composed of eight

elements with a minimum of ten years of exercise of the profession of

journalist and holders of professional portfolio or equated title

valid, proposed equally by the professional journalists and by the

operators of the sector, and by a jurist of acknowledged merit and

experience in the area of social communication, co-opted by those by

absolute majority, which presides over.

3-Compete to the Committee on the Professional Portfolio of the Journalist ascribe,

renew, suspend or cassate, under the law, accreditation securities

of the media information professionals, as well as

appreciate, judge and sanction the violation of the duties set out in paragraph 2

of Article 14 para.

21

4-A organization and the operation of the Professional Portfolio Commission

of the Journalist are defined by decree-law.

5-The decisions of the Journalist's Professional Portfolio Committee are

recurrable, in the general terms, for the administrative courts.

Article 18-B

Procedural legitimacy

The Committee on the Journalist's Professional Portfolio has legitimacy for

propose and intervene in main and cautionary processes aimed at the defence of

values and legal goods whose protection is committed to it under the

present law.

Article 22.

Financial penalty

Without prejudice to the civil or criminal liability that the couber case, the

abusive use of the copyright implies, for the infringing entity, the

payment of an amount to the author, in the title of financial penalty,

corresponding to double the amounts that it has benefited from with the

infringement. "

Article 3.

Transitional provisions

1-The requirements and conditions of access to the profession established by this Law

only apply to persons who start the internship from the third following month

at its entry into force, applying until that date the regime established in the law

previous.

2-The provisions of this Law relating to the copyright of journalists apply-

if to the journalistic works drawn up from the date of its entry into force.

Article 4.

Republication

22

It is republished in annex to this Law, of which it is an integral part, Law No. 1/99, of 13

of January, with the current wording.

Seen and approved in Council of Ministers of June 1, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

23

Attachment

Republication of Law No. 1/99 of January 13

(Status of Journalist)

CHAPTER I

Of the journalists

Article 1.

Definition of journalist

1-Are considered journalists those who, as principal occupation, permanent and

remunerated, exercise with editorial capacity research functions, collection,

selection and handling of facts, news or opinions, through text, image or

sound, intended for dissemination, with informative purposes, by the press, by agency

news, by radio, television or by any other electronic means of

diffusion.

2-Do not constitute journalistic activity the exercise of functions referred to in the number

previous when performed at the service of publications of nature

predominantly promotional, or whose specific object consents to divulge,

advertise or in any way give to know institutions, companies, products or

services, second criteria of commercial or industrial opportunity.

Article 2.

Capacity

1-Can be journalists the citizens in the full enjoyment of their civil rights that

hold a top level academic habilitation.

2-They may still be journalists the citizens in the full enjoyment of their civil rights that

prove, before the Committee on the Journalist's Professional Portfolio, to have exercised

a journalistic activity for a period of not less than six years, specifically

as local correspondents or collaborators of media bodies.

Article 3.

Incompatibilities

24

1-The exercise of the profession of journalist is incompatible with the performance of:

a) Functions of angling, design or presentation, through text, voice or

image, from advertising messages;

b) Marketing functions, public relations, press advice and consultancy

in communication or image, as well as planning, orientation and

implementation of commercial strategies;

c) Functions in information and security services or in any body or

police corporation;

d) Military service;

e) Functions while holders of organs of sovereignty or other posts

politicians, as identified in the ( a ), b ), c ), and ) and g ) of the Article 2 (2)

1. of Law No. 64/93 of August 26, as amended by the Laws

n 39-B/94 of December 27, para. 28/95 of August 18, para. 42/96, 31

of August and paragraph 12/98 of February 24, and as deputies in the

Regional Legislative Assemblies, as well as advisory functions, policy

or technique, to such associated posts;

f) Functions of mayor or councillor, in regime of permanence, the

full time or at half-time, in the body of municipal administration.

2-It is also considered advertising activity incompatible with the exercise of the

journalism to participate in initiatives that aim to disseminate products, services or

entities through the personal or institutional notoriety of the journalist, when

those are not determined by uniquely editorially criteria.

3-It is not incompatible with the exercise of the profession of journalist the performance

volunteer of unpaid shares of:

a) Promotion of activities of public interest or social solidarity;

b) Promotion of the informative activity of the media organ for which

work or collaborate.

4-The journalist covered by any of the incompatibilities provided for in paragraphs 1 and 2

is prevented from carrying out the respective activity, owing, before starting the

activity in question, deposit with the Commission of the Professional Portfolio of

Journalist your habilitation title, which will be returned, the application of the

interested, when to cease the situation that determined the incompatibility.

25

5-In the case of the presentation of the messages referred to in ( a) of paragraph 1 or of

participation in the initiatives set out in paragraph 2, the incompatibility invigorated by a

minimum period of three months on the date of the last disclosure and only considers

cessated with the display of proof that it is extinct the contractual relationship of ceding

of image, voice or the name of the journalist to the promoter or beneficiary entity of the

publicitation.

6-Fishing the period of the incompatibility, the journalist gets impeding, for a period of

six months, of carrying out its activity in editorial areas related to the

role it has played, as such recognized by the drafting board of the

media organ for which it works or in which it collaborates.

Article 4.

Professional title

1-It is a condition of the exercise of the profession of journalist the habilitation with the respective

title, which is issued and renewed by the Commission of the Professional Portfolio of

Journalist, in the terms of the law.

2-No company with activity in the field of social communication can admit

or maintain at your service, as a professional journalist, individual who does not show

enabled, in the terms of the preceding paragraph, unless you have required the title of

habilitation and meet to await decision.

Article 5.

Access to the profession

1-A The profession of journalist starts with a compulsory internship, to be concluded with

harnessing, with the duration of twelve months, in the case of graduation in the area of

social communication or habilitation with equivalent course, or eighteen months

in the remaining cases.

2-The regime of the internship, including the monitoring of the trainee and the respective

assessment, will be regulated by joint poring of the members of the Government

responsible for the areas of employment and social communication.

3-In the first fifteen days from the beginning or restart of the internship, the responsible

by the information of the media organ communicates to the Council of

26

Drafting and the Commission of the Journalist's Professional Portfolio the admission of the

trainee and the name of the respective advisor.

4-For the calculation of the professional seniority of journalists is counted the time of the

stage.

CHAPTER II

Rights and duties

Article 6.

Rights

They constitute fundamental rights of journalists:

a) The freedom of expression and creation;

b) The freedom of access to sources of information;

c) The guarantee of professional secrecy;

d) The guarantee of independence;

e) The participation in the orientation of the respective information body.

Article 7.

Freedom of expression

The freedom of expression of journalists is not subject to impediments or

discrimination nor subordinate to any type or form of censorship.

Article 7-The

Freedom of creation and copyright

1-Considerate works, protected pursuant to the terms set out in the Code of Law of

Author and of the Rights Condices and in this Law, the intellectual creations of the

journalists for any ex-externalized mode, specifically the articles, interviews

or reports that do not limit themselves to the release of news of the day or the reporting of

various events with the character of simple information and which translate the

your individual capacity of composition and expression.

27

2-The journalists have the right to sign, or to make identify with the respective name

professional, registered in the Journalist's Professional Portfolio Committee, the works

of their authorship or in which they have taken part, as well as the right to

to claim at any time their paternity, specifically for the purposes of the

recognition of the respective copyright law.

3-The journalists have the right to object to any and all modification that dismiss

your works or that may affect your good name or reputation.

4-The journalists cannot object to formal modifications introduced to their

works by journalists who perform functions as their hierarchical superiors

in the same wording structure, specifically those dictated by needs of

dimensioning, linguistic correction or suitability to the style of the respective organ

of social communication, sensing them, however, refuse the association of their

name to a journalistic piece in whose final wording if they do not recognize or that not

deserve your concordance.

5-A transmission or early burdening of the heritage content of the copyright law

about future works by eventual or independent collaborators can only cover

those that the author comes to produce within the maximum term of five years.

Article 7-B

Right of author of the employed persons

1-Unless the provisions of paragraph 3, the journalists who carry out their activity in execution

of a contract of employment shall be entitled to an autonomous remuneration for use

of his works protected by copyright law.

2-Out of the cases provided for in the following number, the authorisations for any

communication to the public of the intellectual creations of salaried journalists, or the

transmission, in whole or in part, of the respective author's rights, are

established through specific contractual arrangements, according to the form

required by law, containing compulsorily the colleges covered and the conditions

of time, place and price applicable to your use.

3-It is considered to be included in the object of the employment contract the right of use of

work protected by the copyright, for informational purposes and for the period of 30 days

numbered in its first provision to the public, in each of the organs of

28

media, and their respective electronic sites, held by the company or group

economic to which journalists find themselves contractually bound.

4-Presumem authorized by the author, pending the formalization of new agreement

with the employer and for a maximum period of three months, the uses of

works produced in the duration of a contract of work involving modes of

non-existent or indeterminable exploitation at the date of the conclusion of the agreements of

background use.

5-Article 174 (2) of the Code of the Right of Author and of the Rights Condices is

applicable, with the necessary adaptations, to the remaining means of communication to the

public of journalistic works.

Article 7-C

Commission of arbitration

1-In the absence of agreement as to the conditions of use of the protected works and the

amounts due, any of the interested may request the intervention of a

commission of arbitration, to be constituted on the initiative and with the Commission of the Portfolio

Professional of the Journalist.

2-A The committee is composed of two law graduates chosen by each

of the parties and by a jurist with recognized experience in the area of copyright law,

draw from among list drawn up by the Commission of the Professional Portfolio of the

Journalist, who presides over.

3-A committee works in accordance with regulation approved by the Commission of the

Professional portfolio of the Journalist in the six months following the date of entry into

vigour of this Act, being its actionable decisions, with effect

merely devolutive, to the court of Relation.

4-The regulation referred to in the preceding paragraph guarantees the principles of equality,

of the hearing of the parties and of the adversarial and includes, specifically, the following rules

in the matter of notifications, evidence and deadlines for the practice of procedural acts,

including the final decision, being as a supplement to the provisions of the law of the

voluntary arbitration.

5-Without prejudice to the verification of the existence and assessment of the terms of the authorisations

granted by the respective authors, the committee takes into account, in the setting of the

pay due for the use of protected works, the charges borne

29

by the companies for the production of the works in question, the values practiced for

uses of congenic uses in the various countries of the European Union, as well as the situation

economic and financial of the companies holding the media bodies in

that take place.

Article 8.

Right of access to official sources of information

1-The right of access to sources of information is assured to journalists:

a) By the organs of the Public Administration listed in Article 2 (2) of the

Code of Administrative Procedure;

b) By the companies of wholly or mostly public capital, by the companies

controlled by the State, by the companies dealerships of public service or

of the privative use or exploitation of the public domain and yet by any

private entities that exercise public powers or pursue interests

public, when the intended access complies with activities regulated by the

administrative law.

2-The interest of journalists in accessing the sources of information is always considered

legitimate for the purposes of the exercise of the right regulated in Articles 61 to 63 of the

Administrative Procedure Code.

3-The right of access to sources of information does not cover the processes in secret of

justice, the documents classified or protected under legislation

specific, the personal data that is not public of the nominative documents

relating to third parties, the documents revealing trade secret, industrial or

relating to literary, artistic or scientific property, as well as the documents that

serve as a support for preparatory acts of legislative decisions or instruments

of a contractual nature.

4-A refusal of access to sources of information on the part of some of the organs or

entities referred to in paragraph 1 shall be grounded in the terms of Article 125 of the

Administrative Procedure Code and against it may be used the means

administrative or contentious that in the case couberem.

5-The complaints made by journalists to the Documents Access Commission

Administrative against administrative decisions that refuse access to documents

public under the Act No 65/93 of August 26 enjoy an urgent regime of urgency.

30

Article 9.

Right of access to public places

1-The journalists have the right of access to places open to the public as long as for purposes

of informative coverage.

2-The provisions of the preceding paragraph shall be extended to the places which, although not accessible to the

public, be open to the generality of social communication.

3-In the shows or other events with paid entries in which the predictable influx

of spectators justifying the imposition of access conditionings will be able to be

established systems of accreditation of journalists by communication body

social.

4-The regime established in the preceding paragraphs is ensured under conditions of

equality by whom control the said access.

Article 10.

Exercise of the right of access

1-The journalists cannot be barred from entering or staying at the sites

referred to in the preceding article when their presence is required by the exercise of the

respective professional activity, with no other limitations other than those arising from the law.

2-For the actuation of the exercise of the right provided for in the preceding paragraph, the organs of

media are entitled to use the necessary technical and human means

to the performance of its activity.

3-In the shows with paid entries, in which places intended for communication

social are insufficient, priority will be given to the communication bodies of

national scope and to the local scope of the county where the event takes place.

4-In case of disagreement between the organisers of the show and the organs of

media, in the actuation of the rights provided for in the preceding paragraphs,

any of the interested may apply for the intervention of the Regulatory Entity for

the Social Communication, having the deliberation of this body binding nature and

incurring a crime of disobedience who does not abide by it.

5-The journalists are entitled to a special scheme that allows for the circulation and

parking of viatures used in the exercise of the respective functions, in the

31

terms to be established by joint porterie of the responsible Government members

by the areas of internal administration and social communication.

Article 11.

Professional secrecy

1-The journalists are not required to reveal their sources of information, not

may be held responsible for their silence, save the provisions of paragraph 3.

2-The judicial authorities in the face of which the journalists are called to testify

must inform them beforehand, under penalty of nullity, on the content and the

extension of the right to the non-disclosure of the sources of information.

3-A The revelation of the sources of information can only be ordered by the court, from

agreement with that provided for in the Criminal Procedural Law, when this is necessary for the

investigation of serious crimes against people, including, notably, crimes

doleful against life and physical integrity, as well as for the investigation of crimes

serious against the security of the state or serious cases of crime

organized, as long as it proves that the breaking of secrecy is fundamental to the

discovery of the truth and that the respective information very hardly could

be obtained in any other way.

4-In the event that the disclosure of the sources in the terms of the preceding paragraph is ordered, the

court must specify the scope of the facts on which the journalist is

thank you to give testimony.

5-When there is room for the revelation of the sources of information pursuant to paragraph 3, the

judge may decide, by order, officiously or at the motion of the journalist,

restrict the free assistance of the public or that the provision of decorated testimony

with exclusion of publicity, by staying the actors in the act obliged to the duty

of secrecy about the facts reported.

6-The information directors of the media bodies and the administrators

or managers of the respective proprietary entities, as well as any person who

in them exercise functions, they cannot, save upon written permission of the journalists

involved, disseminate the respective sources of information, including the archives

journalistic of text, sound or image of the companies or any documents

likely to reveal them.

32

7-A The search on social media organs can only be ordered or authorized by the

judge, which presides personally on the due diligence, advising the President of the

trade union organization of journalists with greater representativeness so that the

even, or one of your delegate, may be present, subject to confidentiality.

8-The material used by journalists in the exercise of their profession can only be

seized in the course of the searches on social media bodies provided for in the

previous number or made in other places upon warrant by judge, in cases

and for the purposes set out in paragraph 3.

9-The material obtained in any of the actions provided for in the preceding paragraphs that

allow identification of a source of information is sealed and remitted to the court

competent to order the breach of secrecy, which can only authorize your

use as evidence in the cases and terms referred to in paragraph 3.

Article 12.

Independence of journalists and conscience clause

1-The journalists cannot be constrained to express or subscribe to opinions or to

abstain from doing so, or performing professional tasks contrary to your

conscience, nor can they be targeted for disciplinary measure by virtue of such facts.

2-The journalists may refuse any orders or service instructions with

incidence in editorial matters emanating from person who does not carry out

direction or chefs in the area of information.

3-The journalists have the right to object to the publication or disclosure of their

work, even if not protected by copyright law, in a communication body

social diverse of that in whose writing they carry out functions, even if held by the

company or economic group to which they find themselves contractually bound, since

that invoicing, in a reasoned manner, disagreement with the respective orientation

editorial.

4-In case of profound alteration in the line of orientation or in the nature of the organ of

media, confirmed by the Regulatory Entity for Communication

Social at the motion of the journalist, presented within sixty days on the

date of the verification of the constitutive elements of the modification, this may make

cessation of the employment relationship with just cause, having the right to compensation

corresponding to a month and a half of base retribution and diuturnals for each year

33

complete service and never less than three months of base retribution and

diuturnals.

5-The right to termination of the contract of employment in the terms provided for in the preceding paragraph

shall be exercised, under penalty of expiry, in the thirty days subsequent to the

notification of the deliberation of the Regulatory Entity for Social Communication, which

must be taken within thirty days after the journalist's request.

6-The emerging conflicts of the provisions of the provisions of paragraphs 1 a to 3 are addressed by the Entity

Regulator for Social Communication upon participation, instructed with

reasoned opinion on the situation that gave them origin, from the council of

wording, of the directly affected journalists or equiped organisations or organisations

union of journalists.

Article 13.

Right of participation

1-The journalists are entitled to participate in the editorial guidance of the organ of

social communication so that they work, save when they have doctrinaire nature

or confessional, as well as to pronounce on all the aspects that say

respect for their professional activity, and may not be the subject of sanctions

disciplars for the exercise of these rights.

2-In the media bodies with five or more journalists, these elect a

drafting board, by secret ballot and second regulation by you approved.

3-The competences of the drafting board are exercised by the set of the

journalists existing in the media body, when in lower number a

five.

4-Compete to the drafting board:

a) Cooperate with the management in the exercise of the editorial guidance functions which

This is incumbent;

b) Pronounce on the designation or dismissal, by the proprietary entity, of the

director, as well as the subdirector and deputy director, should they exist,

responsible for the information of the respective social media body;

c) Give an opinion on the drafting and changes to the editorial status;

d) Participate in the drafting of the codes of conduct that are to be adopted

by the media bodies and pronounce on their final wording;

34

e) Pronount on the conformity of writings or advertising images with the

editorial guidance of the media organ;

f) Pronounting on the invocation by the journalists of the rights provided for us

n. paragraphs 1 a to 3 of Article 12;

g) To comment, through opinions or recommendations, on issues

deontological or other relating to the activity of the wording;

h) Pronouns about the disciplinary responsibility of journalists

professionals, particularly in the assessment of fair cause of dismissal, in the

period of five days from the date on which the process is delivered.

Article 14.

Duties

1-Constitutive fundamental duty of journalists to carry out the respective activity with

respect for professional ethics, by competing with them, specifically:

a) Inform with rigor and exemption, rejecting sensationalism and demarcation

clearly the facts of the opinion;

b) Repudiate censorship or other illegitimate forms of limitation of freedom of

expression and the right to inform, as well as disseminate the mains

a violation of the exercise of these rights;

c) Refuse duties or tasks likely to compromise your independence and

professional integrity;

d) Respect the guidance and objectives set out in the editorial status of the body

of social communication for them to work;

e) Search for the diversification of your sources of information and listen to the parties with

attentive interests in the cases of which they occupy;

f) Identify, as a rule, their sources of information, and assign the opinions

collected from the respective authors.

2-It is still the duties of journalists:

a) Protect the confidentiality of sources of information to the extent of the exigent

in each situation, taking into account the provisions of Article 11 (3), except if

tries to use them to obtain illegitimate benefits or to vehicular information

false;

35

b) Undertake the rectification of the incorrections or inaccuracies that are to them

imputable;

c) Abstain from formulating charges without evidence and respecting the presumption of

innocence;

d) Refrain from collecting statements or images that attain the dignity of the

people through the exploitation of their psychological, emotional vulnerability

or physics;

e) Do not discriminatorily treat people, specifically on the grounds of

ancestry, sex, race, language, territory of origin, religion, convictions

policies or ideological, instruction, economic situation, social condition or

sexual orientation;

f) Do not collect images and sounds with the recourse to unauthorized means not to be

that one check a state of need for the safety of people

involved and the public interest justifies it;

g) Not to identify, directly or indirectly, the victims of crimes against the

freedom and sexual self-determination, against the honour or against the reservation of the

private life until the trial hearing, and beyond it, if the offending is

less than 16 years, as well as those minors who have been the subject of measures

sanctionatory tutelars;

h) Preserve, save for reasons of the undisputed public interest, the reservation of the

intimacy, as well as respecting privacy according to the nature of the

case and the condition of the people;

i) Identify yourself, save for reasons of manifest public interest, as a journalist and

not to enact or falsify situations with the aim of abusing the good faith of the

public;

j) Do not use or present as your any creation or benefit alheia;

l) Abstain from participating in the treatment or presentation of lucid materials,

specifically contests or pastimes, and of televotos.

3-Without prejudice to the criminal or civil liability that the case couber in the terms

general, the violation of the deontological component of the duties referred to in the number

previous only may give way to the regime of disciplinary responsibility provided for in the

present law.

36

CHAPTER III

From the directors of information, correspondents and collaborators

Article 15.

Directors of information

1-For the purpose of ensuring access to information, from subjecting to ethical standards of

profession and to the regime of incompatibilities, are equated with journalists the

individuals who, failing to meet the requirements set out in Article 1, exercise,

however, in an effective and permanent way, the direction functions of the sector

social media organ informative.

2-Directors equated with journalists are required to own a card of

self-identification, issued in the terms provided for in the Portfolio Regulation

Professional of Journalist.

3-No company with activity in the field of social communication can maintain

at your service, as a director of the informative sector, individual who does not show

identified under the terms of the previous number.

Article 16.

Local correspondents and collaborators

The local correspondents, as well as the specialist collaborators and the

collaborators of the informative area of national, regional media bodies

or places, which regularly exercise journalistic activity without this constituting its

principal occupancy, permanent and remunerated, are bound to the ethical duties of the

journalists and are entitled to an identification document, issued by the Commission of the

Professional portfolio of Journalist, for the purposes of access to information.

Article 17.

Foreign correspondents

1-It is condition of the exercise of functions of communication organ correspondent

foreign social in Portugal the habilitation with ID card, issued or

37

recognized by the Commission of the Journalist Professional Portfolio, which titrates its

activity and guarantees your access to the sources of information.

2-Foreign correspondents become subject to the ethical standards of the profession of

journalist and the respective regime of incompatibilities.

Article 18.

Collaborators in the Portuguese communities

To citizens who exercise a journalistic activity in social media bodies

intended for the Portuguese communities abroad and there seated is assigned a

identiactive title, to be issued in the terms defined in joint porery of the members of the

Government responsible for the areas of communities and the media.

CHAPTER III-A

Commission of the Journalist's Professional Portfolio

Article 18-A

Nature and composition

1-A The Committee of the Journalist's Professional Portfolio is an independent body of

public law, to which it is incumbent to ensure the operation of the system of

professional accreditation of media information professionals,

as well as the fulfillment of the fundamental duties that on them impens us

terms of this Law.

2-A The Journalist's Professional Portfolio Committee is composed of eight elements

with a minimum of ten years of exercise of the profession of journalist and holders of

professional portfolio or a valid equated title, proposed equalised by the

professional journalists and the operators of the sector, and by a jurist of

recognized merit and experience in the area of social communication, co-opted by

those by an absolute majority, who presides.

3-Compete to the Commission of the Professional Portfolio of the Journalist assign, renew,

suspend or cassate, pursuant to the law, the accreditation titles of the professionals of

information from the media, as well as to appreciate, judge and sanction the

violation of the duties set out in Article 14 (2).

38

4-A organization and the operation of the Journalist's Professional Portfolio Commission

are defined by decree-law.

5-The decisions of the Journalist's Professional Portfolio Committee are recurrable, in the

general terms, to the administrative courts.

Article 18-B

Procedural legitimacy

The Committee on the Journalist's Professional Portfolio has legitimacy to propose and

intervene in key and precautionary processes aimed at the defence of values and goods

legal whose protection is committed to it pursuant to this Law.

CHAPTER IV

Forms of responsibility

Article 19.

Attack on freedom of information

1-Who, with the aim of attest against freedom of information, apprehend or

damage any materials necessary for the exercise of journalistic activity

by the possessors of the securities provided for in this diploma or prevent entry or

stay in public places for purposes of informational coverage under the terms of

Article 9 and paragraphs 1, 2 and 3 of Article 10, is punished with imprisonment up to 1 year or with

fine up to 120 days.

2-If the offender is an agent or employee of the State or of public legal person and

act in that capacity, is punished with imprisonment up to 2 years or with fine up to 240 days, if

more serious penalty not to fit in the terms of the criminal law.

Article 20.

Counter-ordering

1-Constitui counterordinance, punishable with fine:

a) From € 200 a to € 5,000, the infringement of the provisions of Article 3;

b) From 1,000 a to € 7,500:

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i) The infringement of the provisions of Article 4 (1), paragraph 2 (2) and in the

n Article 17 (1);

ii) The failure to comply with the provisions of Article 5 (3);

c) From 2,500 a to € 15,000:

i) The infringement of the provisions of Article 4 (2), in Article 7 (2), of the Article 7

(2) Article 7 (3) and Article 21 (6) and Article 21 (6);

ii) The violation of the limits imposed by Article 7 (4)-A and by paragraphs 3 and

4 of Article 7-B;

iii) The violation of the willing in paragraphs 1 a to 3 of Article 12.

2-A infringement of the provisions of Article 3 may be the subject of the ancillary sanction of

interdiction of the exercise of the profession for a maximum period of 12 months, having in

tells of his gravity and the fault of the agent.

3-A negligence is punishable, being reduced to half the minimum and maximum limits

provided for in paragraph 1.

4-It is punishable to attempt the commission of the offences under the provisions of paragraphs 1 and 2 of the article

12.

5-A instruction of counterordinance processes and the application of fines for

infringement of Articles 3, 4, 5, 7-A, 7-B, 17, 17 and 21 is of the jurisdiction of the

Commission of the Journalist Professional Portfolio.

6-A instruction of the proceedings of the counter-ordinations and the application of the fines by

infringement of Articles 8 and 12 is the competence of the Regulatory Entity for the

Social Communication.

7-The product of the fines for infringement of Articles 3, 4, 5, 7.-A, 7-B, 15 and 17.

revert in 60% to the State and in 40% to the Professional Portfolio Commission

of the Journalist.

8-The proceeds of the remaining fines revert in full to the State.

Article 21.

Professional disciplinary sanctions

1-Constituting professional disciplinary offences the violations of duties

set out in Article 14 (2).

2-Professional disciplinary offences are punishable by the following penalties,

into account the seriousness of the offence and the fault of the agent:

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a) Repreension written;

b) Penalty payment of € 100 a € 10000;

c) Suspension of the exercise of professional activity up to 12 months.

3-To determine the degree of fault of the agent, specifically when he acted in the

compliance with a duty of hierarchical obedience, the Committee of the Portfolio

Professional of the Journalist may apply for the elements that you understand necessary to the

drafting board of the media body in which it has been committed to

infringement.

4-A pecuniary penalty referred to in paragraph 2 (b) may only be applied

when the agent, in the three preceding years, has already been sanctioned with any

of the penalties provided for in that device.

5-A The penalty of suspension of the exercise of the activity can only be applied when the

agent, in the three preceding three years, has been sanctioned at least twice

with any of the penalties provided for in points a) and b) of paragraph 2, or once with

identical suspension penalty.

6-Seated the term of contentious objection, or carried forward on trial the proceedings

respective, the adjudicatory part of the conviction is made public, within seven days

and in conditions that ensure their proper perception, by the organ of

media in which the offence has been committed.

7-The disciplinary procedure is conducted by the Commission of the Professional Portfolio of the

Journalist and can be triggered by his initiative, upon participation of

person who has been directly affected by the disciplinary offence, or of the

board of writing of the media body in which this was committed,

when internally depleted their competences in the matter.

8-The procedure ensures the right of defence of the accused, under the terms of the

discipline-approved regulation, after public consultation with journalists, by the

Commission of the Journalist's Professional Portfolio, and published in the II series of the Journal of the

Republic.

9-The product of financial penalties reverses to the Professional Portfolio Commission

of the Journalist.

Article 22.

Financial penalty

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Without prejudice to the civil or criminal liability that in the case of couber, the use

abusive of copyright law implies, for the infractora entity, the payment of a

amount to the author, to the title of financial penalty, corresponding to double the amounts

of which it has benefited from the infringement.