First Amendment To Law No. 1/99, Of 13 January, Which Approved The Statute Of The Journalist

Original Language Title: Primeira alteração à Lei n.º 1/99, de 13 de Janeiro, que aprovou o Estatuto do Jornalista

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624463324c5667755a47396a&fich=ppl76-X.doc&Inline=false

1 PROPOSAL of law No. 76/X explanatory memorandum it is usual to say that the way the States deal with the freedom of the press is the best barometer to gauge the health of their democracies, aware of the vital role of the media in forming public opinion free. The constitutional consecration of a set of guiding principles, such as the pluralism and concentration of ownership of the media, the transparency of your property, the specialty of the respective companies and your independence from the political and economic powers, as well as special recognition rights to its main agents, journalists-freedom of expression and creation the right of participation and of internal organization, the right of access to sources of information, the right to independence and professional secrecy – is an explicit reflection of the institutional dimension or objective recognizes the media in Portuguese society. Light serves, however, your enunciation, even though special coated system of fundamental rights, freedoms and guarantees in that these principles and rights are, without the necessary forming intervention of the legislator, by creating clear safeguards. One of the most important areas is, in this respect, the relationship between the property and the conduct of an organ of social communication. Any kind of external pressure on the journalistic activity, is a democratic constitutional State, an unacceptable conditioning of the right to information and the protection of the independence of journalists, such as under paragraph 2 of article 38 of the Constitution of the Portuguese Republic. On the assumption that the intervention of the owners of the media or their representatives can only confine the definition of guidelines of these bodies, through the adoption or revision of their editorial status in accordance with applicable legal, as well as the choice of personnel involved, and to strengthen the independence of journalists, this proposal of law is expressly prevent these professionals can be constrained not only subscribe to reviews as to refrain from doing so, as well as delete the possibility of curtailment of the autonomy of journalists by anyone not statutorily enabled 2. In accordance with the same intention, journalists allowed to prevent publication of your texts in media with editorial guidance which disagree, while if the offenses subject to the independence of journalists to the administrative scheme. Nevertheless, it is assigned to the editorial councils the power of verification in the first instance, the fulfilment of those obligations by the business structures in which they are inserted, reinforcing equally their skills in participation of editorial life of their media. Still in the field of the protection of the independence of journalists, the uncertainty in the determination of amounts owed by the actuation of the conscience clause, caused by the change of rules for determining the compensation to be awarded for wrongful termination set out in labour legislation, it also recommended the establishment of reference for calculating the own journalist's Status. Still related to the independence of journalists is the protection of rights of author. The own law No. 1/99, of 13 January, provided for in article 21, your approval within 120 days, of specific degree regulate the matter. To this day, despite a draft law (No. 50/IX) submitted by the Parliamentary Group of the Socialist Party in Parliament have been approved unanimously in General (16.01.2003) hasn't succeeded. It is known that the practice followed by some companies reveals, sometimes the tendency to consider legitimate the unrestricted reuse, without prior definition of conditions, of the journalistic work for you produced, forgetting that the wages set by the execution of an employment contract does not confer ownership of creative works automatically that ensued. Since such practice, removing reporters the power to decide on the fate of their creations and making them mere performers and creators not autonomous, is likely to jeopardize your self-determination and independence, clarified now, in accordance with the continental tradition of copyright in which Portugal subscribes, that the conclusion of a contract of employment does not involve the transfer of royalties generated under your term. On the other hand, and in order to protect the investments of the companies and not to the outage your activity, recognize the right of these use, for a period not exceeding thirty days (period within which to consider keeping the current imperatives which justified or required the production of the work in question) and for informational purposes only, without requiring specific authorization contract 3 , journalistic works protected by copyright, presuming the consent of journalists for the use of their works, to the renegotiation of new conditions and for a period not exceeding three months, in social communication media do not exist at the time of the conclusion of that contract. Safeguarded are always, of course, the moral rights of the creators, both as regards the possibility of the your name never ceases to be associated with his works either as to the possibility of your integrity and genuineness or, to put it another way, your structure and original sense. On the other hand, the protection of professional secrecy of journalists is not only a constitutional imperative as a requirement to ensure freedom of information and the quality of democracy. In this sense spoke to the European Parliament resolution of 1994 concerning the confidentiality of journalistic sources, the resolution No. 2 on journalistic freedoms, adopted at the Ministerial Conference on the Media Policy (Prague, December 1994), or the recommendation No R (2000) 7 of the Committee of Ministers of the Council of Europe. The explanatory report of the latter document, for example, is very clear when, in your paragraph 38, determines that the public interest underlying the revelation of journalistic sources not [just] can be undermined when breaking the secrecy is necessary for the protection of human life or the prevention of major crime such as homicide or assault very serious crimes against national security or serious cases of organized crime. It should be noted that, in this respect, the Declaration of the Committee of Ministers of 2.03.2005 concerning the freedom of expression and information in the media in the context of the fight against terrorism, clarifies that this objective should not allow the authorities the right to restrict journalists ' professional secrecy beyond the foreseen in the recommendation No R (2000) 7. Also the case law of the European Court of human rights if shows compelling social need uniform as to the protection of journalists ' professional secrecy (see, e.g., the extracted sentences in the case Goodwin vs. UK, De Haes and Gijsels, 27.03.1996 vs. Belgium, 27.02.1997 or Ernst and others v. Belgium, 15.10.2003), and your submission breaks the exceptional circumstances where vital interests are involved in so far as they may be established convincingly. Thus, making it necessary to define the concept of "major interest", whose judicial consideration paragraph 3 of article 135 of the code of criminal procedure makes 4 depend on the possibility of breach of professional secrecy of the journalist, the framework of legal goods of greater dignity in our planning, as the life and physical integrity as well as national security, and even severe cases of organized crime reduce to fair limits the judge's subjective assessment on your determination, as it derives from international texts quoted above. At the same time, limited to those cases the search situations likely to reach the materials used by journalists, initiatives that, when taking place in media organ, should always be presided over by a judge and be able to count on the presence of a representative of that profession. Protect the material that could be seized in the course of a search, so that only you can access the judge competent to determine the breach of secrecy, to which only can be used as evidence in cases that break is allowed by law. Another innovation brought by this Bill relates to the need to promote the professional development of journalists, taking into account the special requirements and responsibilities of your activity. Without prejudice to the safeguard of the situations already established professionals, becomes the practice requirement the posession of top-level academic license, in addition to the mandatory frequency of a traineeship, which may exceptionally be waived when it proves the existence of a consolidated professional experience. The revision of the Statute is also marked by the establishment of the definition of a journalist, creasing-if the editorial capacity as requirement of the profession, as well as the clarification of the informational purpose of their activity. The system of incompatibilities is professionals, on the other hand, subject to further development. It is understood finally necessary to supply a gap in the Portuguese legal order, namely the accountability for non-compliance with the legal duties of journalists. In fact, the assessment of violations of legal and deontological duty of journalists is currently through the Council of ethics of the journalists ' Union. Now, this, nevertheless represent a necessary instance of critical reflection on the ethical conduct of journalists, see your sphere of action limited by integrating a professional association without powers over journalists not associated. Intending to overcome this empty, we decided to give the Commission the Professional Portfolio of journalist, independent public entity composed of experienced journalists, appointed in equal numbers by the professional structures and employer, and presided over by a jurist, skills to appreciate the cases of violation of journalists ' legal 5 duties and to apply sanctions to your non-compliance, with possibility of appeal under the general terms , to the courts. The sanctions framework provided for it by your turn, fairly balanced, given necessarily want the seriousness of the offence and the guilt of the agent and denoting a formative purpose more than repression. Were heard the regulatory authority for the media, the Committee on Professional Portfolio of the journalist, the Portuguese Confederation of the media and the journalists ' Union.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 amendment to law No. 1/99, of 13 January are amended articles 1, 2, 3, 4, 5, 7, 10, 11, 12, 13, 14, 15, 16, 17, 20 and 21 of Act No. 1/99 , of 13 January, which are replaced by the following: ' article 1 [...]

1-there shall be regarded as journalists, as main occupation, permanent and paid, with editorial capacity functions of research, collection, sorting and treatment of facts, news or reviews, through text, image or sound, intended for disclosure, with informational purposes, by the press, by radio, news agency, television or any other electronic means of dissemination. 2 - [...].

Article 2 6 1 Capacity-can be citizens journalists in full enjoyment of their civil rights which they hold an academic qualification. 2-can still be journalists citizens in full enjoyment of their civil rights to prove, before the Committee of professional card of journalist, have exercised a journalistic activity for a period of not less than six years, particularly as local correspondents or contributors of the media.

Article 3 [...]

1-[...]: the fundraising Functions, design) or presentation, via text, voice or image, of advertising messages; b) functions of marketing, public relations, media relations and communications consultancy or image, as well as the planning, direction and execution of business strategies; c) functions in information services and security, or in any body or Corporation officer; d) [...]; and as holders of) organs of sovereignty or other political office, as identified in paragraph 1 (a)), b), c), e) and g) of paragraph 2 of article 1 of law No. 64/93, of 26 August, as amended by laws No. 39-B/94, of December 27, n. º 28/95, 18 August , no. 42/96, of 31 August and no. 12/98, of 24 February, and as members of regional legislative assemblies, as well as functions, political or technical assistance, such positions; f) [...]. 2-is also considered advertising activity incompatible with the exercise of journalism participation in initiatives aimed at disseminating products, services or entities through personal or institutional prominence of the journalist, when those are not determined by purely editorial criteria. 7 3-is not incompatible with the practice of the profession of journalist voluntary performance of actions of: the Promotion of activities of) public interest or social solidarity; b) informative organ activity promotion social media for it to work or collaborate. 4-the journalist covered by any of the incompatibilities provided for in paragraphs 1 and 2 is prevented from exercising its activity, and, before you start the activity in question, deposit with the Commission of the Professional Portfolio of the title your Journalist's license, which will be returned at the request of the person concerned, when ceasing the situation that determined the mismatch. 5-in case of presentation of the messages referred to in (a) above) of paragraph 1 or to participate in the initiatives set out in paragraph 2, the mismatch in force for a minimum period of three months from the date of last promotion and only considers ceased with the display of proof of the contractual relationship of providing image, voice or name the journalist to the promoter or beneficiary of the publicity. 6-after the period of noncompliance, the reporter blocked for a period of six months, for exercising your activity in editorial areas related to the role that he played as such recognized by the Editorial Board of the social communication in order for it to work or to work.

Article 4 [...]

1-is condition of the practice of the profession of journalist enabling with its title, which is issued and renewed by the Commission of the Professional Portfolio of Journalist, in accordance with the law. 2 - [...].

8 article 5 [...]

1-the profession of journalist starts with an internship required to complete successfully, with a duration of 12 months, in the case of degree in the area of social or enabling communication with equivalent course, or 18 months in all other cases. 2 - [...]. 3-in the first 15 days of the initiation or resumption of the stage, the responsible for the information of the media informs the editorial Council and Commission professional Journalist portfolio admission of trainee and the name of their supervisor. 4-For the calculation of professional journalists antiquity is counted the time of the internship.

Article 7 freedom of expression freedom of expression of journalists is not subject to impediments or discrimination or subject 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 media, the rights laid down in gross numbers above, any of the parties may request the intervention of the regulatory authority for the media, having the binding nature of the resolution and incurring in crime of disobedience who don't comply. 5 - [...]. 9 Article 11 [...]

1-journalists are not obliged to reveal their sources of information and cannot be held responsible for your silence, except as provided in paragraph 3. 2-the judicial authorities under which journalists are called to testify should inform them in advance, under penalty of nullity, about the content and extent of the right to non-disclosure of information sources. 3-the revelation of information sources can only be ordered by the Court, as provided for in the criminal procedure law, when necessary for the investigation of serious crimes against persons, including, in particular, malicious crimes against life and physical integrity, as well as for the investigation of serious offences against State security or serious cases of organized crime provided that it is proved that the breach of confidentiality is fundamental to the discovery of truth and that the respective information hardly could be obtained in any other way. 4-in the case of being ordered to revelation of sources in accordance with the preceding paragraph, the Court shall specify the scope of the facts on which the journalist is forced to give a statement. 5-When there is any disclosure of information sources in accordance with paragraph 3, the judge can decide by order, ex officio or at the request of the journalist, restrict the free public assistance or that the provision of testimony involves excluding advertising, getting the actors in the Act forced the duty of secrecy regarding the facts reported. 6-the directors of information media and administrators or managers of their proprietary entities, as well as any person who performs functions in them, cannot, except by written permission of the journalists involved, disclose their sources of information, including the files of 10 journalistic text, sound or image of the companies or any documents likely to the reveal. 7-the search in the media can only be ordered or authorized by the judge, who presides in person the diligence, advising the President of the Trade Union of journalists with greater representation so that the same, or a delegate, your can be present, subject to confidentiality. 8-the material used by the journalists in the exercise of your profession can only be seized during the searches in the media provided for in the preceding paragraph or made elsewhere by warrant of a judge, 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 permits the identification of a source of information is sealed and sent to the competent court to order the breach of secrecy, which can only authorize your use as evidence in the case and the terms referred to in paragraph 3.

Article 12 [...]

1-reporters may be constrained to express or endorse opinions or to refrain from doing so, or to perform professional tasks contrary to your conscience, nor may they be subjected to a disciplinary measure by virtue of such facts. 2-journalists can refuse any orders or instructions to focus on editorial matters emanating from person who does not exercise managerial or leadership position in the area of information. 3-journalists have the right to object to the publication or dissemination of its work, even if it is not protected by copyright, other than media organ in whose drafting exercise functions, even if detained by the company or corporation that are contractually bound, since the Lord, so grounded, disagreement with its editorial orientation. 11 4-In case of deep change in the guideline or the nature of the media, confirmed by the regulatory authority for the media at the request of the journalist, submitted within 60 days after the date of the constituent elements of the modification, this may make the working relationship with just cause, being entitled to compensation corresponding to a month and a half of retribution and diuturnidades base for each full year of service and not less than three months of basic consideration and diuturnidades. 5-the right to termination of the employment contract as referred to in paragraph 1 must be exercised, under penalty of forfeiture, within 30 days following the notification of the decision of the regulatory authority for the media, which should be taken within a period of thirty days after the request of the journalist. 6-emerging conflicts with the provisions of paragraphs 1 to 3 are dealt with by the regulatory authority for the media through participation, instructed with a reasoned opinion on the situation that gave rise to them, the Editorial Board, journalists or assimilated directly affected or trade unions of journalists.

Article 13 [...]

1 - [...]. 2-in the media with five or more journalists, they elect a Council, by secret ballot and in accordance with regulation approved by you. 3 - [...]. 4 - [...]: a) [...]; b) [...]; c) [...]; 12 d) participate in the drafting of codes of conduct which may be adopted by the media and speak about your final version; e) [Former subparagraph (d))]; f) comment on the invocation by journalists of the rights provided for in paragraphs 1 to 3 of article 12; g) rule, through opinions or recommendations on ethical considerations or other relating to the activity of the wording; h) [previous subparagraph (g))].

Article 14 [...]

1-Is fundamental duty of journalists to exercise their activity with respect for professional ethics, racing them, namely: a) Inform with accuracy and impartiality, rejecting sensationalism and demarcating clearly the facts of opinion; b) repudiate the censorship or other illegitimate forms of limitation of freedom of expression and the right to inform, as well as disclose the conduct atentatórias the exercise of these rights; c) Refuse functions or tasks which could compromise your independence and professional integrity; d) Respect the orientation and the objectives defined in the editorial status of the media to work; and look for the diversification of their) sources of information and to hear the oral evidence of parties with interests merit consideration in cases of dealing; f) Identify, as a rule, their sources of information, and assign the views collected to the respective authors. 2-Are still journalists ' duties: to) protect the confidentiality of information sources to the extent required in each situation, taking into account the provisions of paragraph 3 13 article 11, unless the attempt to use to obtain illegitimate benefits or to convey false information; b) carry out the rectification of errors or inaccuracies attributable to them; c) refrain from formulating charges without evidence and respect the presumption of innocence; d) refrain from collecting statements or images that reach the dignity of people through the holding of your physical, emotional or psychological vulnerability; and do not discriminatoriamente people), in particular on grounds of descent, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social status or sexual orientation; f) not collect images and sounds with the unauthorized resources unless there is a necessity for the safety of the people involved and the public interest so warrants; g) does not identify, directly or indirectly, the victims of crimes against freedom and sexual self-determination against the honour or against the reservation of private life until the hearing of the trial, and beyond, if the victim is less than 16 years, as well as the smaller ones that have been subject to tutelary penalty measures; h) Preserve, unless undeniable public interest reasons, privacy, as well as respect the privacy according to the nature of the case and the condition of the people; I) Identify, unless reasons of public interest, manifest as a journalist and not staging or fake situations in order to con the public; j) not to use or to present as your any creation or provision of others; l) refrain from participating in treatment or educational materials, namely presentation contests or hobbies, and televotos. 14 3-without prejudice to the criminal or civil responsibility that the case fits in general terms, the violation of the ethical component of the duties referred to in the preceding paragraph may only give rise to disciplinary liability regime provided for in this law.

Article 15 [...]

1-for the purposes of ensuring access to information, for the ethical standards of the profession and to the regime of incompatibilities, shall be assimilated to those journalists, not satisfying the requirements set out in article 1, exercise, however, effectively and permanently, the information sector steering functions of organ. 2 - [...]. 3-Any company with activity in the field of social communication can keep your job, as director of the information sector, individual who don't act identified pursuant to paragraph 1.

Article 16 [...]

Local correspondents, as well as specialized developers and developers of informational area of media national, regional or local, engaged in journalistic activity without regularly incorporate your main occupation, permanent and paid, are linked to the ethical duties of journalists and are entitled to an identification document, issued by the Committee on professional Journalist Portfolio for the purpose of access to information.

Article 17 [...]

1-is condition of corresponding functions of foreign media organ in enabling Portugal 15 identification card, issued or recognised by the Professional Portfolio of Journalist, to titrate to your activity and ensure your access to sources of information. 2-The foreign correspondents shall be subject to the ethical standards of the profession of journalist and their system of incompatibilities.

Article 20 [...]

1-[...]: a) € 200 to € 5,000, the infringement of the provisions of article 3; b) Of € 1,000 to € 7,500: i) the breach of the provisions of paragraph 1 of article 4, paragraph 2 of article 15 and paragraph 1 of article 17; II) non-compliance with the provisions of paragraph 3 of article 5; c) € 2,500 to € 15,000: i) the breach of the provisions of paragraph 2 of article 4, paragraph 2 of Article 7a, paragraph 2 of article 7 (B), in paragraph 3 of article 15 and paragraph 6 of article 21; II) infringement of the limits imposed by paragraph 4 of Article 7a and by paragraphs 3 and 4 of article 7-B; III) the violation of the provisions of paragraphs 1 to 3 of article 12. 2 - [...]. 3-negligence is punishable, being reduced to half the minimum and maximum limits laid down in paragraph 1. 4-is punishable the attempted Commission of infringements of the provisions of paragraphs 1 and 2 of article 12. 5-the statement of a misdemeanour proceedings and the imposition of fines for infringement of articles 3, 4, 5, 7A, 7-B, 15, 17 and 21 falls within the competence of the Committee on Professional Portfolio of Journalist. 6-the statement of the processes of the contravention and the application of fines for infringement of articles 8 and 12 is the responsibility of the regulatory authority for the media. 16 7-the proceeds of fines for infringement of articles 3, 4, 5, 7A, 7-B, 15 and 17 reverts in 60% for the State and 40% for the Commission of journalists ' professional card. 8-the product of the other fines reverts entirely to the State.

Article 21 disciplinary measures disciplinary offences 1-professionals Constitute breaches of professional duties set out in paragraph 2 of article 14 2-professional disciplinary offences are subject to the following penalties, taking into account the seriousness of the offence and the guilt of agent: a) written censure; b) financial penalty of € 100 to € 10 000; c) suspension of the exercise of professional activity up to 12 months. 3-to determine the degree of guilt of the agent, in particular when acted in compliance with a duty of hierarchical obedience, the professional Journalist portfolio Committee may require the elements necessary to understand the editorial Council of the media in which the offence has been committed. 4-the penalty referred to in point (b)) of paragraph 2 can only be applied when the agent, in the three previous years, has been sanctioned with either penalties referred to that device. 5-the penalty of suspension of the exercise of the activity can only be applied when the agent, in the three previous years, has been sanctioned at least twice with any of the penalties referred to in (a)) and (b)) of paragraph 2, or once with identical suspension penalty. 6-exhausted the period of litigation challenging, or become final the dossier, the operative part of the conviction is made public within seven days and in conditions that ensure the appropriate your perception, by the media in which the offence was committed. 7-the disciplinary procedure is conducted by the professional journalist and Portfolio can be triggered by your initiative, 17 through participation of person who has been directly affected by the disciplinary offence, or the Editorial Board of the media upon which it was committed, when drained internally their skills in this area. 8-the procedure ensures the right to defence of the accused, in accordance with the disciplinary regulation approved after public consultation by the Commission of journalists Professional Portfolio of journalist, and published in the II series of the Diário da República. 9-the product of financial penalties reverts to the Commission of journalists ' professional card '.

Article 2 Amendment to law No. 1/99, of 13 January are added to law No. 1/99, of 13 January articles 7A, 7-B and 7-C, chapter III, integrating articles 18-and 18-B, and article 22, to read as follows: «article 7-the freedom of creation and copyright 1-Consider works protected in accordance with the code of copyright and related rights and in this Act, the intellectual creations of journalists by any way externalized, namely articles, interviews or news articles that are not limited to the dissemination of news or reports of various events with a simple information and translating the individual capacity of your composition and expression. 2-journalists have the right to sign, or to do identify with their professional name, registered at the Commission of journalists ' professional card, the works of your authorship or who have had involvement, as well as the right to claim any time your paternity, in particular for the purposes of recognition of their copyright. 18 3-journalists have the right to object to any modification that we their works or that can affect your good name or reputation. 4-journalists may not oppose the formal modifications introduced in his works by journalists who perform functions such as his superiors in the same editorial structure, in particular those dictated by scaling needs, linguistic correction or adjustment in the style of its organ, and licit, however, refuse your membership name to a journalistic piece whose final version if you don't recognize or didn't deserve to your agreement. 5-the transfer or encumbrance of the content in advance copyright in future works by any employees or independent can only cover those which the author comes to produce within a maximum of five years.

Article 7-B copyright journalists employed 1-except as provided in paragraph 3, the journalists engaged in the activity in your execution of a contract of employment are entitled to a remuneration for the use of their autonomous works protected by copyright. 2-outside the cases referred to in the following paragraph, the authorisation for any communication to the public of intellectual creations of the employed journalists, or transmission, in whole or in part, of their economic rights, are established through specific contractual provisions, in the form required by law, containing the faculties concerned and the conditions of time, place and price applicable to your use. 3-is included in the subject of the contract the right to use works protected by copyright, for informational purposes only and for a period of 30 days from your first making available to the public, in each of the media, and their 19 electronic sites, owned by company or corporation to which journalists are contractually bound. 4-Assume-if 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 presence of an employment contract involving operating modes indetermináveis or nonexistent at the time of conclusion of the agreements of use background. 5-paragraph 2 of article 174 of the code of copyright and related rights shall apply, mutatis mutandis, to the other means of communication to the public of works.

Article 7-C Arbitration Committee 1-in the absence of agreement on the conditions for the use of protected works and the amounts due, any of the parties may request the intervention of an Arbitration Commission, set up on the initiative and under the auspices of the Commission of the journalist's Professional Portfolio. 2-the Commission is composed of two Law graduates chosen by each party and by a lawyer with recognized experience in the field of copyright, drawn from lists drawn up by the Commission of the Professional Portfolio of journalist, presiding. 3-the Commission acts in accordance with regulation approved by the Committee on Professional Portfolio of journalist in the six months following the date of entry into force of this law, and its decisions appealable, with merely devolutive effect, for the Court of appeal. 4-the regulation referred to in the preceding paragraph guarantees the principles of equality, the hearing of the parties and adversarial and includes, inter alia, the following rules regarding notifications, and deadlines for the procedural acts, including the final decision, being integrated by supplementary law of voluntary arbitration. 20 5-Without prejudice to the verification of the existence and enjoyment of the terms of the authorizations granted by their authors, the Commission takes into account, in determining the remuneration payable for the use of protected works, the costs borne by companies for the production of the works in question, the values charged for similar uses in the various countries of the European Union, as well as the economic and financial situation of the companies who hold the media in place.

CHAPTER III-the professional Journalist portfolio Committee article 18-nature and composition 1-the professional Journalist portfolio Committee is an independent body governed by public law, which is up to ensure the functioning of the system of professional accreditation information media professionals, as well as the fulfilment of the fundamental duties incumbent on them pursuant to this law. 2-the Commission of the professional Journalist Portfolio consists of eight elements with a minimum of ten years of practice of the profession of journalist and professional portfolio or title holders deemed valid, equally by professional journalists and by operators in the sector, and by a jurist of recognized merit and experience in the field of the media, co-opted by those by absolute majority , presiding. 3-the Commission of the professional Journalist Portfolio assign, renew, suspend or annul, pursuant to law, the titles of accreditation of information media professionals, as well as enjoy, judge and punish the violation of the obligations set out in paragraph 2 of article 14 21 4-the organisation and functioning of the Committee on Professional Portfolio of journalist are defined by decree-law. 5-Commission decisions of professional card of journalist are subsidies, in general terms, to the administrative courts.

Article 18-B procedural Legitimacy the Committee on Professional Portfolio of journalist has legitimacy to propose and intervene in the main proceedings and precautionary measures intended for the defense of values and legal goods whose protection is committed under the provisions of this law.

Article 22 financial penalty Without prejudice to civil or criminal liability that the case fits, the misuse of copyright implies, for the entity have violated, the payment of a sum to the author, the title of financial penalty, corresponding to double the amounts that have benefited from the offence.»

Article 3 transitional provisions 1-requirements and conditions for access to the profession established by this law only apply to people who start the stage from your third month following the entry into force, if by that date the scheme established in the previous law. 2-the provisions of this law relating to copyright of journalists apply to journalistic works produced from the date of your entry into force.

Article 4 22 Republishing is republished in annex to this law, which is an integral part, the law No. 1/99, of 13 January, with the current wording.

Seen and approved by the Council of Ministers of 1 June 2006 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 23 Annex Republication of law No. 1/99, of 13 January (status of journalist) chapter I article 1 definition of journalists ' journalist-1 are considered those journalists, as main occupation, permanent and paid, with editorial capacity search functions , collection, sorting and treatment of facts, news or reviews, through text, image or sound, intended for disclosure, with informational purposes, by the press, by radio, news agency, television or any other electronic means of dissemination. 2-does not constitute journalistic activity the Office referred to in the preceding paragraph when performed in the service of publications predominantly promotional in nature, or whose specific object is to disclose, publish or in any way make known institutions, companies, products or services, according to criteria of commercial or industrial opportunity.

Article 2 1 Capacity-can be citizens journalists in full enjoyment of their civil rights which they hold an academic qualification. 2-can still be journalists citizens in full enjoyment of their civil rights to prove, before the Committee of professional card of journalist, have exercised a journalistic activity for a period of not less than six years, particularly as local correspondents or contributors of the media.

Article 3 24 1 Incompatibilities-the practice of the profession of journalist is incompatible with the performance of fund raising functions: a), design or presentation, via text, voice or image, of advertising messages; b) functions of marketing, public relations, media relations and communications consultancy or image, as well as the planning, direction and execution of business strategies; c) functions in information services and security, or in any body or Corporation officer; d) military Service; and as holders of) organs of sovereignty or other political office, as identified in paragraph 1 (a)), b), c), e) and g) of paragraph 2 of article 1 of law No. 64/93, of 26 August, as amended by laws No. 39-B/94, of December 27, n. º 28/95, 18 August , no. 42/96, of 31 August and no. 12/98, of 24 February, and as members of regional legislative assemblies, as well as functions, political or technical assistance, such positions; f) functions of mayor or Councillor, on-call basis, full-time or part-time, in the Administrative Council. 2-is also considered advertising activity incompatible with the exercise of journalism participation in initiatives aimed at disseminating products, services or entities through personal or institutional prominence of the journalist, when those are not determined by purely editorial criteria. 3-is not incompatible with the practice of the profession of journalist voluntary performance of actions of: the Promotion of activities of) public interest or social solidarity; b) informative organ activity promotion social media for it to work or collaborate. 4-the journalist covered by any of the incompatibilities provided for in paragraphs 1 and 2 is prevented from exercising its activity, and, before you start the activity in question, deposit with the Commission of the Professional Portfolio of the title your Journalist's license, which will be returned at the request of the person concerned, when ceasing the situation that determined the mismatch. 25 5-in case of presentation of the messages referred to in (a) above) of paragraph 1 or to participate in the initiatives set out in paragraph 2, the mismatch in force for a minimum period of three months from the date of last promotion and only considers ceased with the display of proof of the contractual relation image-providing , voice or name the journalist to the promoter or beneficiary of the publicity. 6-after the period of noncompliance, the reporter blocked for a period of six months, for exercising your activity in editorial areas related to the role that he played as such recognized by the Editorial Board of the social communication in order for it to work or to work.

Article 4 professional title 1-is condition of the practice of the profession of journalist enabling with its title, which is issued and renewed by the Commission of the Professional Portfolio of Journalist, in accordance with the law. 2-Any company with activity in the field of media may admit or keep your service, as a professional journalist, individual who don't act enabled, in accordance with the preceding paragraph, unless you have the required license and title if find awaiting decision.

Article 5 access to the profession 1-the profession of journalist starts with an internship required to complete successfully, with a duration of 12 months, in the case of degree in the area of social or enabling communication with equivalent course, or 18 months in all other cases. 2-stage scheme, including the monitoring of the trainee and the assessment, shall be governed by order of the members of the Government responsible for the areas of employment and social communication. 3-in the first 15 days of the initiation or resumption of the stage, the responsible for the information of the media informs the Board of 26 Drafting and Commission professional Journalist portfolio admission of trainee and the name of their supervisor. 4-For the calculation of professional journalists antiquity is counted the time of the internship.

CHAPTER II rights and obligations Article 6 Rights Constitute fundamental rights of journalists: a) the freedom of expression and creation; b) freedom of access to sources of information; c) the guarantee of professional confidentiality; d) the guarantee of independence; e) participation in the orientation of the respective organ.

Article 7 freedom of expression freedom of expression of journalists is not subject to impediments or discrimination or subject to any type or form of censorship.

Article 7-freedom of creation and copyright 1-Consider works, protected in accordance with the code of copyright and related rights and in this Act, the intellectual creations of journalists by any way externalized, namely articles, interviews or news articles that are not limited to the dissemination of news or reports of various events with a simple information and translating the individual capacity of your composition and expression. 27 2-journalists have the right to sign, or to do identify with their professional name, registered at the Commission of journalists ' professional card, the works of your authorship or who have had involvement, as well as the right to claim any time your paternity, in particular for the purposes of recognition of their copyright. 3-journalists have the right to object to any modification that we their works or that can affect your good name or reputation. 4-journalists may not oppose the formal modifications introduced in his works by journalists who perform functions such as his superiors in the same editorial structure, in particular those dictated by scaling needs, linguistic correction or adjustment in the style of its organ, and licit, however, refuse your membership name to a journalistic piece whose final version if you don't recognize or didn't deserve to your agreement. 5-the transfer or encumbrance of the content in advance copyright in future works by any employees or independent can only cover those which the author comes to produce within a maximum of five years.

Article 7-B copyright journalists employed 1-except as provided in paragraph 3, the journalists engaged in the activity in your execution of a contract of employment are entitled to a remuneration for the use of their autonomous works protected by copyright. 2-outside the cases referred to in the following paragraph, the authorisation for any communication to the public of intellectual creations of the employed journalists, or transmission, in whole or in part, of their economic rights, are established through specific contractual provisions, According to the form prescribed for this purpose, containing the faculties concerned and the conditions of time, place and price applicable to your use. 3-is included in the subject of the contract the right to use works protected by copyright, for informational purposes only and for a period of 30 days from your first making available to the public, in each of the 28 bodies, media and their electronic sites, owned by company or corporation to which journalists are contractually bound. 4-Assume-if 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 presence of an employment contract involving operating modes indetermináveis or nonexistent at the time of conclusion of the agreements of use background. 5-paragraph 2 of article 174 of the code of copyright and related rights shall apply, mutatis mutandis, to the other means of communication to the public of works.

Article 7-C Arbitration Committee 1-in the absence of agreement on the conditions for the use of protected works and the amounts due, any of the parties may request the intervention of an Arbitration Commission, set up on the initiative and under the auspices of the Commission of the journalist's Professional Portfolio. 2-the Commission is composed of two Law graduates chosen by each party and by a lawyer with recognized experience in the field of copyright, drawn from lists drawn up by the Commission of the Professional Portfolio of journalist, presiding. 3-the Commission acts in accordance with regulation approved by the Committee on Professional Portfolio of journalist in the six months following the date of entry into force of this law, and its decisions appealable, with merely devolutive effect, for the Court of appeal. 4-the regulation referred to in the preceding paragraph guarantees the principles of equality, the hearing of the parties and adversarial and includes, inter alia, the following rules regarding notifications, and deadlines for the procedural acts, including the final decision, being integrated by supplementary law of voluntary arbitration. 5-Notwithstanding the verification of the existence and enjoyment of the terms of the authorizations granted by their authors, the Commission takes into account, in determining the remuneration payable for the use of protected works, the financial burdens borne by businesses to produce 29 of the works in question, the values charged for similar uses in the various countries of the European Union, as well as the economic and financial situation of the companies who hold the media in place.

Article 8 right of access to official sources of information 1-the right of access to sources of information is assured reporters: a) by public administration listed in paragraph 2 of article 2 of the code of administrative procedure; b) capital companies wholly or mainly by public companies controlled by the State, public service utilities companies or private use or exploitation of the public domain and on any private entities exercising public powers or pursuing public interests, when the desired access respects the activities governed by administrative law. 2-the interest of journalists in access to sources of information is always considered legitimate for the purposes of the exercise of the right set out in articles 61 to 63 of the code of administrative procedure. 3-the right of access to sources of information does not include the processes secret, documents classified or protected under specific legislation, personal data other than personal documents relating to public third parties the documents revealing trade secrets, industrial or pertaining to literary, artistic or scientific property, as well as the documents that serve to support the preparatory acts of legislative decisions or contractual instruments. 4-the refusal of access to sources of information on the part of any of the bodies or entities referred to in paragraph 1 must be accompanied in accordance with article 125 of the code of administrative procedure and against her administrative means may be used, or in the case disputes will fit. 5-The complaints presented by journalists to the Commission for access to administrative documents against administrative decisions to refuse access to public documents under the law No. 65/93, of 26 August, enjoy emergency regime. 30 article 9 right of access to public places 1-journalists have the right of access to places open to the public since for coverage purposes. 2-the provisions of the preceding paragraph apply to places not accessible to the public, are open to General media. 3 us shows or other events with paid entries into the predictable influx of spectators justifies the imposition of conditional access systems may be established accreditation of journalists for the organ. 4-the regime established in the preceding paragraphs shall be ensured under equal conditions for who control the access referred to.

Article 10 the right of access 1-journalists cannot be prevented from entering or staying in the places referred to in the preceding article when your presence is required for the exercise of their professional activity, without other limitations other than those arising from the law. 2-For the implementation of the exercise of the right provided for in the preceding paragraph, the media have the right to use the technical and human resources necessary for the performance of your business. 3 us shows with admission is charged, in the places intended for media are insufficient, priority will be given to the media nationwide and locally in the municipality where the event. 4-In case of disagreement between the organisers of the show and the media, the rights laid down in gross numbers above, any of the parties may request the intervention of the regulatory authority for the media, having the binding nature of the resolution and incurring in crime of disobedience who don't comply. 5-journalists are entitled to special arrangements allowing the movement and parking of vehicles used in the performance of their duties, in accordance with 31 to establish by order of government officials responsible for the areas of Internal Affairs and the media.

Article 11 obligation of professional secrecy 1-journalists are not obliged to reveal their sources of information and cannot be held responsible for your silence, except as provided in paragraph 3. 2-the judicial authorities under which journalists are called to testify should inform them in advance, under penalty of nullity, about the content and extent of the right to non-disclosure of information sources. 3-the revelation of information sources can only be ordered by the Court, as provided for in the criminal procedure law, when necessary for the investigation of serious crimes against persons, including, in particular, malicious crimes against life and physical integrity, as well as for the investigation of serious offences against State security or serious cases of organized crime provided that it is proved that the breach of confidentiality is fundamental to the discovery of truth and that the respective information hardly could be obtained in any other way. 4-in the case of being ordered to revelation of sources in accordance with the preceding paragraph, the Court shall specify the scope of the facts on which the journalist is forced to give a statement. 5-When there is any disclosure of information sources in accordance with paragraph 3, the judge can decide by order, ex officio or at the request of the journalist, restrict the free public assistance or that the provision of testimony involves excluding advertising, getting the actors in the Act forced the duty of secrecy regarding the facts reported. 6-the directors of information media and administrators or managers of their proprietary entities, as well as any person who performs functions in them, cannot, except by written permission of the journalists involved, disclose their sources of information, including text, sound journalistic files or image of the companies or any documents likely to the reveal. 32 7-search in the media can only be ordered or authorized by the judge, who presides in person the diligence, advising the President of the Trade Union of journalists with greater representation so that the same, or a delegate, your can be present, subject to confidentiality. 8-the material used by journalists in the exercise of your profession can only be seized during the searches in the media provided for in the preceding paragraph or made elsewhere by warrant of a judge, 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 permits the identification of a source of information is sealed and sent to the competent court to order the breach of secrecy, which can only authorize your use as evidence in the case and the terms referred to in paragraph 3.

Article 12 independence of journalists and conscience clause 1-reporters may be constrained to express or endorse opinions or to refrain from doing so, or to perform professional tasks contrary to your conscience, nor may they be subjected to a disciplinary measure by virtue of such facts. 2-journalists can refuse any orders or instructions to focus on editorial matters emanating from person who does not exercise managerial or leadership position in the area of information. 3-journalists have the right to object to the publication or dissemination of its work, even if it is not protected by copyright, other than media organ in whose drafting exercise functions, even if detained by the company or corporation that are contractually bound, since the Lord, so grounded, disagreement with its editorial orientation. 4-In case of deep change in the guideline or the nature of the media, confirmed by the regulatory authority for the media at the request of the journalist, submitted within 60 days after the date of the constituent elements of the modification, this may make the working relationship with just cause, being entitled to compensation corresponding to a month and a half of retribution and diuturnidades base for each year full service 33 and not less than three months of basic consideration and diuturnidades. 5-the right to termination of the employment contract as referred to in paragraph 1 must be exercised, under penalty of forfeiture, within 30 days following the notification of the decision of the regulatory authority for the media, which should be taken within a period of thirty days after the request of the journalist. 6-emerging conflicts with the provisions of paragraphs 1 to 3 are dealt with by the regulatory authority for the media through participation, instructed with a reasoned opinion on the situation that gave rise to them, the Editorial Board, journalists or assimilated directly affected or trade unions of journalists.

Article 13 right to participation 1-journalists have a right to participate in the editorial guidance of social communication to work, except when they are doctrinal or denominational nature, as well as to comment on all aspects relating to your professional activity, and cannot be the subject of disciplinary sanctions for exercising these rights. 2-in the media with five or more journalists, they elect a Council, by secret ballot and in accordance with regulation approved by you. 3-The Council drafting skills are exercised by all the journalists present in the organ, when less than five in number. 4-the Council: a) cooperate with the Board in the exercise of the functions of editorial guidance to this under; b) comment on the appointment or dismissal, by the owner, the director and the Deputy Director and the Deputy director, if any, responsible for the information of the respective organ of social communication; c) give advice on the development and changes to the editorial status; d) participate in the drafting of codes of conduct which may be adopted by the media and speak about your final version; 34 e) give an opinion on the conformity of writings or advertising images with the editorial guidance of social communication; f) comment on the invocation by journalists of the rights provided for in paragraphs 1 to 3 of article 12; g) rule, through opinions or recommendations on ethical considerations or other relating to the activity of the wording; h) give an opinion on the disciplinary responsibility of professional journalists, in particular in consideration of just cause for dismissal, within five days from the date on which the case is remitted.

Article 14 Duties 1-Is fundamental duty of journalists to exercise their activity with respect for professional ethics, racing them, namely: a) Inform with accuracy and impartiality, rejecting sensationalism and demarcating clearly the facts of opinion; b) repudiate the censorship or other illegitimate forms of limitation of freedom of expression and the right to inform, as well as disclose the conduct atentatórias the exercise of these rights; c) Refuse functions or tasks which could compromise your independence and professional integrity; d) Respect the orientation and the objectives defined in the editorial status of the media to work; and look for the diversification of their) sources of information and to hear the oral evidence of parties with interests merit consideration in cases of dealing; f) Identify, as a rule, their sources of information, and assign the views collected to the respective authors. 2-Are still journalists ' duties: to) protect the confidentiality of information sources to the extent required in each situation, taking into account the provisions of paragraph 3 of article 11, unless the attempt to use to obtain illegitimate benefits or to convey false information; 35 b) carry out the rectification of errors or inaccuracies attributable to them; c) refrain from formulating charges without evidence and respect the presumption of innocence; d) refrain from collecting statements or images that reach the dignity of people through the holding of your physical, emotional or psychological vulnerability; and do not discriminatoriamente people), in particular on grounds of descent, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation, social status or sexual orientation; f) not collect images and sounds with the unauthorized resources unless there is a necessity for the safety of the people involved and the public interest so warrants; g) does not identify, directly or indirectly, the victims of crimes against freedom and sexual self-determination against the honour or against the reservation of private life until the hearing of the trial, and beyond, if the victim is less than 16 years, as well as the smaller ones that have been subject to tutelary penalty measures; h) Preserve, unless undeniable public interest reasons, privacy, as well as respect the privacy according to the nature of the case and the condition of the people; I) Identify, unless reasons of public interest, manifest as a journalist and not staging or fake situations in order to con the public; j) not to use or to present as your any creation or provision of others; l) refrain from participating in treatment or educational materials, namely presentation contests or hobbies, and televotos. 3-Without prejudice to the criminal or civil responsibility that the case fits in general terms, the violation of the ethical component of the duties referred to in the preceding paragraph may only give rise to disciplinary liability regime provided for in this law.

36 CHAPTER III the directors of information, correspondents and collaborators article 15 information Directors 1-for the purposes of ensuring access to information, for the ethical standards of the profession and to the regime of incompatibilities, shall be assimilated to those journalists, not satisfying the requirements set out in article 1, exercise, however, effectively and permanently, the information sector steering functions of organ. 2-the directors treated as journalists are required to have an own identification card, issued in accordance with Regulation of the Professional Portfolio of Journalist. 3-Any company with activity in the field of social communication can keep your job, as director of the information sector, individual who don't act identified pursuant to paragraph 1.

Article 16 local Correspondents and collaborators local correspondents, as well as specialized developers and developers of informational area of media national, regional or local, engaged in journalistic activity without regularly incorporate your main occupation, permanent and paid, are linked to the ethical duties of journalists and are entitled to an identification document, issued by the Committee on professional Journalist Portfolio for the purpose of access to information.

Article 17 1-foreign correspondents is a condition of the exercise of corresponding functions of foreign media organ in enabling Portugal with ID card, issued or recognized by the Commission of 37 Professional Portfolio of Journalist, that the activity and your title guarantee your access to sources of information. 2-The foreign correspondents shall be subject to the ethical standards of the profession of journalist and their system of incompatibilities.

Article 18 Employees in the Portuguese communities citizens engaged in journalistic media intended for Portuguese communities abroad and there are given a title, to issue identification as defined in Joint Ordinance of Cabinet members responsible for areas of the communities and the media.

CHAPTER III-the professional Journalist portfolio Committee article 18-nature and composition 1-the professional Journalist portfolio Committee is an independent body governed by public law, which is up to ensure the functioning of the system of professional accreditation information media professionals, as well as the fulfilment of the fundamental duties incumbent on them pursuant to this law. 2-the Commission of the professional Journalist Portfolio consists of eight elements with a minimum of ten years of practice of the profession of journalist and professional portfolio or title holders deemed valid, equally by professional journalists and by operators in the sector, and by a jurist of recognized merit and experience in the field of the media, co-opted by those by absolute majority , presiding. 3-the Commission of the professional Journalist Portfolio assign, renew, suspend or annul, pursuant to law, the titles of accreditation of information media professionals, as well as enjoy, judge and punish the violation of the obligations set out in paragraph 2 of article 14. 38 4-the organisation and functioning of the Committee on Professional Portfolio of journalist are defined by decree-law. 5-Commission decisions of professional card of journalist are subsidies, in general terms, to the administrative courts.

Article 18-B procedural Legitimacy the Committee on Professional Portfolio of journalist has legitimacy to propose and intervene in the main proceedings and precautionary measures intended for the defense of values and legal goods whose protection is committed under the provisions of this law.

CHAPTER IV forms of liability article 19 attempt on freedom of information 1-Who, with the intent to affect the freedom of Information Act, seize or damage any materials required for the exercise of journalistic activities by owners of the securities provided for in this decree-law or prevent the entry or sojourn in public places for purposes of coverage under article 9 and paragraphs 1 , 2 and 3 of article 10, shall be punished with imprisonment up to 1 year or a fine up to 120 days. 2-If the offender is an agent or employee of the State or of public and legal person acting as such, is punished with imprisonment up to 2 years or a fine up to 240 days if more severe penalty you does not fit under the criminal law.

Article 20 administrative offences 1-Is a misdemeanour punishable by fine:) € 200 to € 5,000, the infringement of the provisions of article 3; b) Of € 1,000 to € 7,500:39 i) the breach of the provisions of paragraph 1 of article 4, paragraph 2 of article 15 and paragraph 1 of article 17; II) non-compliance with the provisions of paragraph 3 of article 5; c) € 2,500 to € 15,000: i) the breach of the provisions of paragraph 2 of article 4, paragraph 2 of Article 7a, paragraph 2 of article 7 (B), in paragraph 3 of article 15 and paragraph 6 of article 21; II) infringement of the limits imposed by paragraph 4 of Article 7a and by paragraphs 3 and 4 of article 7-B; III) the violation of the provisions of paragraphs 1 to 3 of article 12. 2-the infringement of the provisions of article 3 may be accessory sanction of prohibition of the practice of the profession for a period of up to 12 months, taking into account the gravity and your agent's fault. 3-negligence is punishable, being reduced to half the minimum and maximum limits laid down in paragraph 1. 4-is punishable the attempted Commission of infringements of the provisions of paragraphs 1 and 2 of article 12. 5-the statement of a misdemeanour proceedings and the imposition of fines for infringement of articles 3, 4, 5, 7A, 7-B, 15, 17 and 21 falls within the competence of the Committee on Professional Portfolio of Journalist. 6-the statement of the processes of the contravention and the application of fines for infringement of articles 8 and 12 is the responsibility of the regulatory authority for the media. 7-the proceeds of fines for infringement of articles 3, 4, 5, 7A, 7-B, 15 and 17 reverts in 60% for the State and 40% for the Commission of journalists ' professional card. 8-the product of the other fines reverts entirely to the State.

Article 21 disciplinary measures disciplinary offences 1-professionals Constitute breaches of professional duties set out in paragraph 2 of article 14. 2-The professional disciplinary offences are subject to the following penalties, taking into account the seriousness of the offence and the guilt of agent: 40 a) written censure; b) financial penalty of € 100 to € 10 000; c) suspension of the exercise of professional activity up to 12 months. 3-to determine the degree of guilt of the agent, in particular when acted in compliance with a duty of hierarchical obedience, the professional Journalist portfolio Committee may require the elements necessary to understand the editorial Council of the media in which the offence has been committed. 4-the penalty referred to in point (b)) the number 2 can only be applied when the agent, in the three previous years, has already been sanctioned with either penalties referred to that device. 5-the penalty of suspension of the exercise of the activity can only be applied when the agent, in the three previous years, has been sanctioned at least twice with any of the penalties referred to in (a)) and (b)) of paragraph 2, or once with identical suspension penalty. 6-exhausted the period of litigation challenging, or become final the dossier, the operative part of the conviction is made public within seven days and in conditions that ensure the appropriate your perception, by the media in which the offence was committed. 7-the disciplinary procedure is conducted by the professional journalist and Portfolio can be triggered by your initiative through participation of person who has been directly affected by the disciplinary offence, or the Editorial Board of the media upon which it was committed, when drained internally their skills in this area. 8-the procedure ensures the right to defence of the accused, in accordance with the disciplinary regulation approved after public consultation by the Commission of journalists Professional Portfolio of journalist, and published in the II series of the Diário da República. 9-the product of financial penalties reverts to the Commission of journalists ' professional card.

Article 22 financial penalty 41 subject to civil or criminal liability that the case fits, the misuse of copyright implies, for the entity have violated, the payment of a sum to the author, the title of financial penalty, corresponding to double the amounts that have benefited from the offence.