Key Benefits:
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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.