Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445794d4331594c6d527659773d3d&fich=ppl120-X.doc&Inline=false
1 PROPOSAL of law No. 120/X explanatory statement the pursuit of the business of television and its exercise are currently regulated by law No. 32/2003, of 22 August and by Decree-Law No. 237/98, of 5 August. As referred to in the 17TH Constitutional Government program, ' with the massification of the audiovisual media, the multiplication of means of expression in the new digital networks and the convergence of technologies, markets, services and equipment, the media is today a production system and dissemination of information and knowledge of enormous social influence '. With this development, is now beyond question the impact of the media, among which stands out, with special relief, television. Occupying a public space of communication, television activity, whether it's editorial organization of programs and the services your selection, aggregation and availability to the public, involves a great social responsibility. In this sense, cannot fail to match certain purposes, in particular in the field of information, training and entertainment, for the prediction of a most demanding access scheme for the assignment and renewal of licences and a strengthening of the obligations of the main actors in television activity, particularly television operators and distribution operators. However, these requirements are adapted to the specificities of the different services of television programmes, according to your nature, thematic and area of coverage. With the emergence of new media and digital technologies, it is necessary to redefine the legal framework of the business of television, in particular so as to introduce, in a phased manner, the Digital terrestrial television, ' avoiding discrimination in access to new issues of the most deprived social layers or more peripheral regions and safeguarding the interests of the technological fabric of our country , both at the level of the existing distribution networks and the ability of national industry. To the extent that the corresponding emissions using a space naturally 2 scarce and with great potential for dissemination, access to television activity through terrestrial terrestrial spectrum can't help but continue subject to a licensing regime demanding, through public tender pursuant to the Constitution. Not so when the medium used, not exactly infinity, allows a greater distribution of television programming services. The service broadcasts of programs by cable, satellite or telephone line, which remain subject to prior assessment of the requirements essential to the pursuit of the activity of television, substantiated authorization scheme. Already the emissions that fit only the Internet, aware of the infinite nature of the medium and corresponding supply, just spraying shall be subject to registration, being exempted from authorisation. However, with regard to the exercise of the activity of television, and saved the specificities arising from typology adopted for each service, this proposal can only apply identically to any diffusion mode. This is how the different realities covered by television concept, such as television programmes obtained through traditional receivers or computer panels placed in public spaces or open to the public, and unless the special characteristics of the regulatory interests impose the your exclusion, must be subject to the purposes and common obligations of television. Extending the area of freedom in the pursuit of the business of television, are finally regulated television programmes services of regional and local expression through the forecast of their conditions, and obligations. The television activity developed by operators and television distribution is accompanied by exercise of the regulatory power of the regulatory authority for the media, monitoring this, associated with the legitimate forms of self-regulation, co-regulation and cooperation between the various operators, aims to ensure compliance with the law and in particular the pursuit of the values of human dignity, the rule of law democratic society and national cohesion and the promotion of the Portuguese language and culture. Stresses also the concern to protect the interests of viewers, through mechanisms to counter unwanted forecast of programming practices. In relation to public service television, the new law stops with the ' special award of public service, integrating fully the current service programs ' A:2 ' in a single grant of 3 public service television, reinforcing your identity and keeping sustainable forms of participation of entities representing civil society. On the other hand, within a framework of greater demand, clarified the purpose of each of the programs services that make up the public service and launch the bases for an effective assessment of compliance with their obligations. At the same time, reinforce the principles of proportionality and transparency in the funding of the public service, referring to the concession contract the appropriate control mechanisms. Enjoy, this legislative moment to refine and clarify the sanctions regime provided for in the current law of television and at the same time to adapt it to what this law brings innovative. The presentation of this draft law does not ignore the process of amendment of the Directive 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/EC of the European Parliament and of the Council of 30 June 1997 (television without frontiers directive). However, the urgency of some of the proposed changes, such as the prediction of the legal framework for the introduction of Digital terrestrial television and the redefinition of public service television, following the recent restructuring of its dealership does not extend any longer the adoption of a new law. Should be heard the regulatory authority for the media and the Government organs of the autonomous regions themselves.
So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions article 1 subject-matter 4
The present law is to regulate the business of television and your exercise, and partially transposes to the internal legal order the directive no. 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/EC of the European Parliament and of the Council of 30 June 1997.
Article 2 Definitions 1-for the purposes of this law: (a)) ' television ' Activity, the activity which consists in the Organization, or in the selection and aggregation of services of television programmes with a view to your transmission, intended for reception by the general public; b) ' Self-promotion ', widespread advertising by television operator on its own products, services, programmes or services programs, as well as to cinematographic and audiovisual works in which he has participated financially; c) ' creative work», cinema or audiovisual work based on structured elements of creation, including long and short films and animation, documentaries, reportage, debates, interviews, tele-filmes, tv series, musical, artistic or cultural programs and educational programs or educational component; d) ' European Works ' means audiovisual or cinematographic production which meets the requirements laid down in article 6 of Directive 89/552 number/EEC of 3 October 1989, as amended by Directive 97/36 number/EC of the European Parliament and of the Council of 30 June 1997; e) ' operator of distribution ', the legal person responsible for the selection and aggregation of television programs and services by your provision to the public through electronic communications networks; f) «tv operator ' means the legal person responsible for the Organization of services of television programmes and legally empowered to exercise the activity of television;
5 g) ' independent producer ' shall mean the legal person whose principal activity consists in producing cinematographic or audiovisual works, since they occur cumulatively the following requirements: (i)) share Capital held, directly or indirectly, by more than 25% by an operator or television in more than 50% in the case of several television operators; II) annual limit of 90% of sales for the same television operator; III) detention of the ownership of the rights to the works produced, with clear definition of contract of the type and duration of the broadcast rights ceded to television operators; IV) Freedom in the form of development of the works produced, in particular as regards the choice of studios, actors, media and distribution. h) ' television shows service ' means the unit of sequential programming provided by a television operator; I) ' Teleshopping ' means direct offers broadcast to the public, with the aim of the supply of products or the provision of services for remuneration; j) «tv», transmission, in unencoded or encoded form, of non-permanent images, with or without sound, through an electronic communications network, intended for reception by the general public. 2 – do not form part of the provisions of paragraph (j)) of the preceding paragraph: a) communications services intended to be received only upon individual request; b) the mere retransmission of foreign broadcasts; c) the transmission of events, through punctual technical devices installed in the vicinity of the respective places of occurrence and targeting audiences there.
6 article 3 scope 1 – are subject to the provisions of this Act the television programmes transmitted by operators who continue the television activity under the jurisdiction of the Portuguese State. 2 – consider themselves under the jurisdiction of the Portuguese State television operators or, mutatis mutandis, the distribution operators, which satisfy the criteria set out in article 2 of Directive 89/552 number/EEC of 3 October 1989, as amended by Directive 97/36 number/EC of the European Parliament and of the Council of 30 June 1997.
Article 4 Competition, concentration and transparency is applicable to television and distribution operators the General system of protection and promotion of competition, in particular as regards prohibited practices and concentrations, as well as the law which regulates the concentration of ownership of entities which pursue social communication activities.
Article 5 the State public service ensures the existence and operation of a public service broadcasting in accordance with chapter V.
Article 6 principle of cooperation 1-the regulatory authority for the media promotes and encourages the adoption of co-regulatory, self-regulatory mechanisms and cooperation between the various television operators that allow achieving the objectives referred to in the following paragraph. 2 – the State, the public service and the remaining television operators must collaborate with each other in pursuit of the values of human dignity, the rule of law 7, democratic society and national cohesion and the promotion of the Portuguese language and culture, taking into account the special needs of certain categories of viewers.
Article 7 coverage areas
1 – the services of television programmes can have international coverage, national, regional or local level, depending on intended to encompass, respectively: a) Of predominant form the territory of other countries; b) the generality of the national territory, including the autonomous regions; c) a set of districts on the Mainland or a set of Autonomous regions, Islands or an island with several municipalities, or a metropolitan area; d) A municipality or contiguous municipalities. 2 – the geographical area assigned to each service of television programs should be covered with the same program and recommended, unless authorized by signal to the contrary, to be granted by decision of the regulatory authority for the media, and without prejudice to the use of additional coverage, when properly authorized. 3-the decision referred to in the preceding paragraph lays down the time limit of discontinuity of the issue up to a maximum of 2 hours per day, and may be extended, in accordance with the procedure laid down therein, in exceptional and duly justified situations. 4-the ratings referred to in this article shall compete to the regulatory authority for the media and are set out in the licence or authorization Act, without prejudice to your subsequent amendment, at the request of the parties concerned, subject to the conditions of the exercise of the activity that their operators are bound, under the conditions laid down in article 21 8 article 8 Typology of services of television programmes 1 – the services of television programmes may be generalists or thematic and conditional access or not conditioning, and within these, not conditioning free access or not access conditioning with signature. 2 – is deemed to be generalist services of television programmes that present a diverse programming and addressed to the public as a whole. 3 – are themed television services which have a predominantly programming model centered on specific substances or audiovisual genres, or directed preferentially to certain segments of the public. 4-themed tv shows services of self-promotion and teleshopping may not integrate any other elements of conventional programming, such as news services, sports broadcasts, movies, series or documentaries. 5-Are not conditioned access free television programmes services made available to the public without any contrast, and not conditioning access with subscription television services made available to the public by a counterpart for access to distribution infrastructure or for your use. 6-are conditional access television services made available to the public through specific contribution, not considering as such the amount due for access to distribution infrastructure, as well as for your use. 7 – the ratings referred to in this article shall compete to the regulatory authority for the media and are assigned at the time of license or authorization, without prejudice to your subsequent amendment, at the request of the parties concerned, subject to the conditions of the exercise of the activity that their operators are bound, under the conditions laid down in article 21 Article 9 purposes of television activity 1 – Constitute the television activity According to the nature, the subject and the area of coverage of the television programmes available services: a) contribute to the information, training and public entertainment;
9 (b)) to promote the exercise of the right to inform, to inform and to be informed, with accuracy and independence, without hindrance or discrimination; c) Promote citizenship and democratic participation and to respect the political, social and cultural pluralism; d) Disseminate and promote the Portuguese language and culture, the creators, artists and scientists expressing values and national identity. 2-the purposes referred to in the preceding paragraph shall be taken into account in the selection and aggregation of services of television programmes to be made available to the public by the operators of distribution.
Article 10 technical standards technical conditions governing the business of television and the fees to be paid for the assignment of rights or use of resources necessary for transmission are set out in the applicable legislation in the field of electronic communications.
CHAPTER II article 11 of the business operators ' Requirements 1-television activity can only be pursued by companies or cooperatives which have as subject your main exercise pursuant to this law. 2 – the minimum capital required for operators that lack license for the activity of television is to: a) € 5 000 000 in the case of operator that provides services of television programmes national or international coverage generalists;
b) € 1 000 000 in the case of operator that provides services of television programmes cover thematic national or international; c) 200 000 € or € 100 000, depending on the case of operators who provide services of television programmes of regional or local coverage, regardless of your 10 typology. 3 – exceptions to the provisions of paragraph 1 that only operators exploit, non-profit educational television services, cultural and scientific dissemination, which can take the form of association or Foundation. 4 – the capital of the operators should be carried out in full within 30 days after the notification of the decisions referred to in article 18, under penalty of revocation of license or authorization.
Article 12 restrictions on television activity cannot be conducted or financed by political parties or political associations, local authorities and their associations, unions, employers or professionals, directly or indirectly, through entities in which they hold capital or subsidized by themselves.
Article 13 Access Modes
1-television activity is subject to licensing, by tender, opened by decision of the Government, when is:) in the Organization of services of television programmes not conditioning free access using the terrestrial terrestrial spectrum; (b)) in the selection and aggregation of television services of conditional access or not conditioning with signature using the terrestrial terrestrial spectrum. 2-in the case of services of access programs conditioning free licenses are individualized according to the number of television services to be provided by each operator. 3-in the case of television programmes services of conditional access or not conditioning with signature, are assigned, within the same competition, two titles, enabling one that confers rights of use of radio frequencies or frequency sets involved and another for the selection and aggregation of television services to be provided by an operator.
11 4-television activity is subject to authorisation at the request of the parties, when is in the Organization of services of television programmes that: the non-terrestrial spectrum) land; (b)) are intended to integrate the offer of a distribution operator previously licensed for television activity, in accordance with point (b)) of paragraph 1. 5-authorisations are individualized according to the number of television services under the jurisdiction of the Portuguese State to provide for each operator. 6-the exception to the preceding paragraphs the public television service, under the conditions laid down in chapter v. 7-the licenses and authorizations for the television activity shall not be transferable. 8-television operators engaged in the activity exclusively via the internet are only subject to registration, in accordance with article 19 article 14 frequency Planning of radio spectrum planning for the tv activities the national regulatory authority for communications, heard the regulatory authority for the media.
Article 15 public tender for services of access programs conditioning free 1-Without prejudice to the procedures for the granting of rights of use of frequencies, in charge of the national regulatory authority for communications in accordance with the law No. 5/2004, of 10 February the tender for licensing the activity of television that consist in the Organization of services of access programs conditioning is opened by order of the Member of the Government responsible for the media, which must contain the respective subject and regulation. 2-the requirements as to the coverage area, the types of programs and services to the number of hours their emissions must obtain express Foundation in the text of the regulation, taking into account the public interest aimed at safeguarding. 3 – the regulation identifies the conditions for the admission of applications, as well as the documentation that must accompany 12, to allow the verification of the compliance of applicants and projects legal and regulatory requirements, in particular: a) the requirements of operators and restrictions on the exercise of the activity; (b)) the rules on concentration of media ownership; c) the correspondence of the projects covered by the tender; d) to the economic and financial viability of projects; and) coverage and obligations to its phasing; f) the adequacy and quality of human and technical resources to be allocated; g) to stabilize the fiscal situation of the applicants and to social security. 4-for the purposes of grading of candidates to contest and in the case of television services nationwide generalists are even taken into account the following criteria: a) the contribution of each one of the projects to qualify the television offer in the area that they cover, gauged in the light of the guarantees of Defense of pluralism and independence in the face of political and economic power , highlight granted to information and constitutionally recognized rights to journalists, the General coherence of programming presented with its editorial status and adequacy of the socio-cultural projects for which they are intended; b) the contribution of each one of the projects for the diversification of the television offer in the area that they cover, calibrated in function of your originality, innovation and creativity, investment and guarantee access rights to minorities and underrepresented trends; c) the contribution of each one of the projects for the dissemination of creative works, independent and original Portuguese language; d) legal standards and commitments made during the previous financial year licensed activity; and general policy lines) of human resources, particularly with regard to recruitment, training plans and professional qualification. 5-for the purposes of grading of candidates to contest and in the case of television programmes or thematic services of local or regional scope are taken into account, where applicable, the criteria referred to in the preceding paragraph. 6-the densifica regulation the criteria for grading of 13 contest applications referred to in paragraphs 4 and 5 and assign them each a weighting. 7 – the regulation sets the value of the collateral and the respective release scheme according to the principles of appropriateness and proportionality in relation to the fulfilment of the obligations which aims to safeguard, taking into account the typologies and the territorial scope of the services of television programmes to license. 8-the contract documents, which contain the obligations and conditions of the exercise of the activity, should be patent since the date of publication of the call for competition Ordinance until the day and time of opening of the corresponding public Act, in accordance with her set. 9-the regulatory authority for the media pronounced mandatory prior on the subject of the contest, its rules and specifications within twenty working days of your receipt. 10-once the time limit referred to in paragraph 1, the draft regulation is subjected, for a period of thirty days, the public appreciation, being to the effect published in the II series of the Diário da República and the responsible Government Department's electronic site.
Article 16 public tender for services of access programs conditioning with signature and conditioning 1 – the public tender for the allocation of rights of use for frequencies and licensing for television activity consisting in the selection and aggregation of services of access programs conditioning with signature or conditioning is opened by order of government officials responsible for the areas of media and communications , which must contain the respective subject and regulation. 2 – the requirements regarding the area of coverage and typology of the programs provide services must obtain express Foundation in the text of the regulation, taking into account the principles of good management of the radio spectrum and the public interest aimed at safeguarding. 3 – the regulation identifies the conditions for the admission of applications, including the documentation that must accompany, which should focus in particular on the economic and financial viability of the projects, the obligations and the 14 their phasing and the compliance of applicants and projects to the subject of the tender and to sectoral legal requirements cannot be admitted applicants who do not have your tax situation regularized or have debts to social security. 4 – Constitute criteria for grading of applications contest, considering jointly, in accordance with their respective competences, by the regulatory authority for the media and for the national regulatory authority for communications: a) The economic and financial costs associated with the projects; b) the contribution of projects to the development of the information society, for the production of European works and for the dissemination of creative works of original production in Portuguese language. 5 – regulation densifica the criteria for grading of candidates to tender referred to in the preceding paragraph and assign them each a weighting. 6 – the regulation sets the value of the collateral and the respective release scheme according to the principles of appropriateness and proportionality in relation to the fulfilment of the obligations which aims to safeguard. 7-the contract documents, which contain the obligations and conditions of the exercise of the activity, should be patent since the date of publication of the call for competition Ordinance until the day and time of opening of the corresponding public Act, in accordance with her set. 8-the regulatory authority for the media and the national regulatory authority for communications they necessarily prior on the subject of the contest, its rules and specifications within twenty working days of your receipt. 9-once the time limit referred to in paragraph 1, the draft regulation is subjected, for a period of thirty days, the public appreciation, being to the effect published in the II series of the Diário da República and the electronic site of the governmental departments responsible.
Article 17 1 processes Statement – licensing or authorization procedures referred to in subparagraph (a)) of paragraph 1 and in paragraph 4 of article 13 are instructed by the regulatory authority for the media, 15 which promotes the collecting of the opinion of the national regulatory authority for communications in respect of technical conditions of applications. 2-licensing procedures provided for in paragraph b) of paragraph 1 of article 13 are instructed by the national regulatory authority for communications. 3-in cases referred to in the preceding paragraph, the national communications regulatory authority submits the verification of the regulatory authority for the media filling of the conditions for the admission of applications to respect your competence to. 4-applications for authorisation are accompanied by the documentation set by Ordinance to be approved by the Member of Government responsible for the media. 5-the competent regulatory authority for the statement notifies applicants, within 15 days of receipt, of any shortcomings in their processes, which should be provided within 15 days thereafter. 6-The application procedures that do not meet the conditions for admission laid down in Ordinance of tender are refused by the competent regulatory authority, by means of a reasoned decision. 7 – the procedures allowed by the competent regulatory authority must, after the supply of any shortcomings, be subject to assignment or rejection decision of securities enablers required within 90 days, in the case of the licensing process, or thirty days, in the case of authorization.
Article 18 allocation of licenses or authorizations 1 – it is the regulatory authority for the media, renew, amend or revoke the licenses and authorizations for the business of television. 2-is condition of licensing for television activity consists in the provision of services of General television programmes nationwide General coverage of the national territory, including the autonomous regions. 3-allocation decisions and exclusion are expressly justified by reference to completion of the conditions of admission and each one of the graduation criteria referred to in articles 15 and 16, as well as to questions raised in the hearing of interested.
16 4-the regulatory authority for the media can only refuse the granting of an authorization when: is concerned) compliance of operators and their projects to the applicable legal requirements; b) regularization of the fiscal situation of the applicant and to the social security; c) the technical quality of the project submitted. 5-the titles enablers television activity set out obligations and conditions the program services link ratings, television programmes and services obligations and the phasing of its coverage. 6-the decisions referred to in paragraph 3 shall be notified to the interested parties, published in the second series of the Gazette and made available on the electronic site of the regulatory authority for the media, accompanied by the titles containing the purposes and obligations enablers that are linked or authorized licensed operators. 7-it is for the national regulatory authority for communications, renew, amend or revoke the enabling title that confers the rights of use of radio frequencies or frequency sets intended for provision of the services of television programmes not conditioning access free conditioner with signature or conditioning, pursuant to the law No. 5/2004, of 10 February, subject to the licensing regime established in this law.
Article 19 registration of operators 1-it is the regulatory body for the media organizing a register of operators and television services and distribution of television programmes with a view to the publication of your property, your organization, your operation and its obligations, as well as the protection of your designation. 2-the regulatory authority for the media proceeds automatically registers and endorsements of your activity arising from licensing and authorisation. 3-The television and distribution operators are required to report to the regulatory authority for the media the information needed for the purposes of registration, as well as to your update, as set out in the implementing decree. 4-the regulatory authority for the media may at any time make 17 audits to supervision and control of the elements provided by television and distribution operators.
Article 20 Early television operators emissions must start emissions from television services licensed or authorized within 12 months from the date of the assignment of the corresponding title enabled.
Article 21 compliance with approved project 1-the pursuit of the activity of television depends on the fulfilment, by the operator, the conditions and terms of the project licensed or authorized the modification of this subject to approval of the regulatory authority for the media. 2-the modification of the services of television programmes can only occur at the request, three years after the granting of the license or one year after the granting of the authorization. 3-the modification request must be substantiated having regard, in particular, the legal conditions of that depended on the assignment of license or authorization, market developments and the implications for the potential audience of the programme service in question. 4-in the case of the regulatory authority for the media decide within 90 days, it shall be deemed tacitly approved modification.
Article 22 Term of licences or authorizations 1-licenses and authorizations for the pursuit of the activity of television are issued for a period of fifteen years and renewable for equal periods. 2-the application for renewal of licences or permits must be submitted to the regulatory authority for the media between 240 days and 180 days before the expiry of the time limit concerned.
18 3-the regulatory authority for the media decides on the application for renewal of licences or authorizations until 90 days before the expiry of the time limit concerned. 4-the renewal of licences and authorizations is accompanied of densification, by the regulatory authority for the media, in the light of evolution however occurred in the audiovisual landscape of the obligations to which operators are bound, in order to adapt them to the legal provisions applicable to date. 5-the renewal of licences or authorisations shall be granted only in case of recognized its obligations and conditions to which they are linked to the respective operators.
Article 23 mid-term review 1 – at the end of the fifth and the tenth year on the allocation of licences and permits, the regulatory authority for the media develops and makes public, after hearing of the parties, an evaluation report on the fulfilment of the obligations and the conditions that operators are bound, and should, in accordance with the analysis, issue appropriate recommendations. 2-the reports of the evaluations referred to in paragraph 1, as well as the assessment on the last five-year period of validity of licences and authorizations, shall be taken into account in your decision.
Article 24 Extinction and suspension of licences or authorizations or authorizations licenses 1 – quench the starting time for any time limit or for revocation, pursuant to law. 2-licences and authorizations, as well as the programs, can be suspended in the cases and under the conditions laid down in articles 77, 81 and 85 3 – revocation and suspension of permits or approvals are the responsibility of the entity to which it is up to your assignment.
19 CHAPTER III services distribution of television programmes article 25 distribution Operators
1 – distribution operators should, in the ordering and presentation of the original television offer, assign priority, successively, to the services of television programmes originally Portuguese expression of general content, General information and scientific, educational or cultural, having regard to the scope of your coverage and access conditions applied. 2 – the operators of electronic communications networks used for the television activity are required, by decision of the national regulatory authority for communications issued in accordance with the provisions of paragraphs 1 and 2 of article 43 of law No. 5/2004, of 10 February, the carriage of television services to be specified by the regulatory authority for the media in accordance with s) of paragraph 3 of article 24 of law No. 53/2005 , 8 November. 3-for the purposes of the preceding paragraph, the television operators responsible for the organisation of the services of television programmes referred to therein shall be required to carry out the delivery of the respective signal. 4-the national communications regulatory authority may, in accordance with the procedure laid down in paragraph 3 of article 43 of law No. 5/2004, of 10 February, determine an appropriate remuneration in return for transport imposed obligations. 5-the regulatory authority for the media can determine proportionate, transparent and non-discriminatory, adequate remuneration in return delivery obligations imposed in accordance with paragraph 3. 6 – the operators of electronic communications networks requiring the issue of television services and distribution operators must make available network capacity and services distribution of regional and local television programs, as well as for the dissemination of educational or cultural activities, taking into account the characteristics of the composition of the offer and technical and market conditions at every moment observed by the regulatory authority for the media in the context of the procedures of authorization there is place, heard, always to understand necessary, the competition authority or the national 20 regulator communications. 7-changes to the composition of the offer of services of television programmes distributed or to their conditions of access should take into account the obligations of diversification and pluralism and the respect for the rights of consumers. 8 – Regardless of the preceding paragraph, shall be communicated to the consumer, with thirty days notice, any change in the conditions contracted. 9-the information referred to in paragraph 1 shall be accompanied by the indication of the Faculty of resolution of the contract where the changes in the composition or the price of the offer of services of television programmes. 10-the regulatory authority for the media may, in accordance with their respective statutes, adopt decisions to ensure compliance with the provisions of this article.
CHAPTER IV section I information and programming programming and information Freedom article 26 1 operators Autonomy – the freedom of expression of thought through the tv integrates the fundamental right of citizens to a free and pluralist information, essential to democracy and social and economic development of the country. 2 – Except the cases provided for in this Act, the activity is based on the freedom of television programming, and Public Administration or any organ of sovereignty, with the exception of the courts, prevent, condition or impose the broadcasting of any programs.
21 Article 27 Limits the freedom of Schedule 1-television programming must respect human dignity and the fundamental rights, freedoms and guarantees. 2-television services may not, through the programming elements which spread, incite to racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation. 3-it is not allowed to issue programs likely to manifestly, seriously and gravely harm the free formation of the personality of children and adolescents, in particular those containing pornography on the job access programs conditioning or gratuitous violence. 4-any other programs which may influírem negatively on formation of the personality of children or adolescents must be accompanied by the permanent dissemination of a visual identification and can only be transmitted between the 10:30 pm and the 6:00 5-the regulatory authority for the media encourages the elaboration by television operators a common system of classification of television programs, which provide a set of identifiers of the various age levels signals depending on the contents and to respect, in the view of cinematographic works and videograms, the classification of the Commission of classification of shows. 6 – exceptions to the provisions of paragraphs 4 and 5 services transmissions of television programmes of conditional access. 7-the preceding paragraphs not only covers any programming elements, including advertising and messages, extracts or images of self-promotion and Teletext services. 8-programming elements with the characteristics referred to in paragraphs 3 and 4 may be transmitted in any news services when, coating journalistic importance, are presented in compliance with the ethical standards of the profession and escaped a warning about your nature. 9-the regulatory authority for the media sets and makes public the criteria followed for the evaluation of non-compliance with the provisions laid down in paragraphs 3 and 4, which must be objective, appropriate, necessary and proportionate to the aims pursued.
22 10-television operators can adopt codes of conduct which meet the requirements contained in this article, ears, as part of their duties, their editorial advice.
Article 28 on freedom of retransmission Limits the provisions of paragraphs 1 to 3 and 7 of the previous article shall apply to the retransmission of television services in the cases and in accordance with the procedures laid down in article 86 article 29 announcement of the programming
1-television operators must inform, with reasonable notice and properly known by the public, on the content and programming services alignment of television programmes that are responsible. 2-the programming announced, as well as your expected duration and time of issue can only be changed by the operator of television with an advance of more than 48 hours. 3 – the obligation referred to in the preceding paragraph may be away when the own nature of events transmitted the warrants, by necessity of informational coverage of unforeseen occurrences or in cases of force majeure. 4 — either advance with which they occur and the reasons that determine, programming changes referred to in paragraphs 2 and 3 shall be communicated to the public in the service of programs that respect. 5 – the announcement of the expected lineup for the services of television programmes carried out in services or various media must be accompanied by the identification referred to in paragraph 4 of article 27, and such information be provided by the responsible operator.
23 article 30 compulsory Disclosure 1-must be disclosed through public service television, with due emphasis and utmost urgency, messages whose dissemination is requested by the President of the Republic, the President of the Assembly of the Republic and the Prime Minister. 2-In case of Declaration of a State of siege or State of emergency, the obligation referred to in the preceding paragraph falls also on the remaining television operators.
Article 31 political Propaganda is prohibited television operators the spaces of political propaganda, without prejudice to the provisions of chapter V.
Article 32 acquisition of exclusive rights 1-is null the acquisition by any television operators, exclusive rights for the transmission of political events. 2-In case of acquisition by television operators providing conditional access arrangements or without national coverage, exclusive rights for the transmission, partial or integral, directly or vicariously, of other events which are the subject of widespread public interest, television rights holders are required to provide, in non-discriminatory terms and according to normal market conditions , your access to one or more other operators interested in the transmission that emit via terrestrial with nationwide coverage and access not conditioning. 3-in the absence of agreement between the holder of tv rights and other operators interested in the transmission of the event, there is binding arbitration of the regulatory authority for the media, upon request of either party. 4-the events referred to in the preceding paragraphs, as well as the conditions of their broadcast, included in the list published in the second series of the Diário da República, 24 to 31 October each year, by the Member of Government responsible for the sector, heard the regulatory authority for the media, without prejudice to the publication of exceptional additions determined by incidental and unpredictable occurrence of facts of the same nature. 5 – holders of exclusive rights for the transmission of any events are required to cede its signal live or deferred, to operators with international emissions to use restricted to these, under conditions to be set in Decree-Law, which establishes the criteria of the consideration for the assignment, going on place, in the absence of agreement between the parties concerned, the binding arbitration of the regulatory authority for the media. 6-television operators subject to this law is denied the exercise of exclusive rights in terms that prevent a substantial proportion of the public of another Member State of the European Union to follow, on free television, events in the lists referred to in paragraph 8 in accordance with the conditions laid down therein. 7-non-compliance with the provisions of paragraphs 2 or 6 does not rise to the application of the respective sanctions whenever the holder of the exclusive demonstrate the impossibility of carrying out the obligations laid down therein. 8 – for the purpose of paragraph 6, the final list of measures taken by the Member States, as published in the official journal of the European Union, is published in the second series of the Diário da República at the initiative of the Member of Government responsible for the media.
Article 33 the right to informational extracts 1 – those responsible for conducting of shows or other public events occurring in the national territory, as well as holders of exclusive rights imposed on them may not oppose the transmission of short extracts of the same informational nature, on the part of any national television operator or not. 2-For the exercise of the right to information provided for in paragraph 1, operators can use the signal issued by the holders of the exclusive rights, supporting only the costs arising from your provision eventually, or resort, as an alternative, the use of technical means, in legal terms that ensure the access of the media to public places.
25 3 – without prejudice to any agreement to use diverse, the statements referred to in paragraph 1 must: (a)) shall be limited to the duration strictly necessary to the realization of the essential content of the events in question, taking into account the nature of the events, as long as it does not exceed 90 seconds; b) be broadcast exclusively in regular programmes of an informative nature; c) be broadcast in 36 hours following the termination of the event, unless your later inclusion in reports of other current events is justified by the order of information continued; d) identify the source of the images, if released from the signal issued by the holder of the exclusive.
SECTION II obligations of operators article 34 general obligations of operators of television
1-all television operators shall ensure, on your schedule, in particular via self-regulation practices, observance of an ethic of antenna, which ensure respect for human dignity, fundamental rights and other constitutional values, in particular, the development of the personality of children and adolescents. 2 – in particular, constitute general obligations of all television operators operate services of television programmes, national coverage generalists: a) Ensure, including at times the highest, the diffusion of a diverse and plural programming; b) Ensure the dissemination of information that respects pluralism, rigor and exemption; c) Ensure a programming and independent information vis-à-vis the political power and economic power; d) Send the messages referred to in paragraph 1 of article 30, in case of Declaration of a State of siege or a State of emergency;
26 and) ensuring the exercise of the right of antenna in electoral periods in accordance with constitutional and legally; f) ensuring the exercise of rights of reply and rectification in accordance with constitutional and legally; g) Disseminate creative works of European origin, namely in Portuguese language and participate in the development of your production, in accordance with the applicable legal standards; h) Promote the possibility of emission monitoring for people with special needs. 3-other than those provided for under (a)) c) and f) of the preceding paragraph, constitute obligations of television services regional or local generalists: a) broaden the television programming of regional or local content; b) disseminate information with particular interest to the geographic scope of the hearing; c) Promote the values characteristic of regional or local cultures. 4-obligations of the services of thematic programmes, taking into account the nature, your points), b) and (g)) and, regardless of your nature, subparagraphs (a) (c)) and f) of paragraph 1.
Article 35 – 1 Director each service of television shows must have a director responsible for the direction and supervision of the content of the broadcasts. 2-each service of television shows that include informational programming must have a charge for the information.
Article 36 editorial Status 1-each service of television programs should adopt a clear and defining editorial status detail, with binding, your guidance and objectives and include the commitment to respect the rights of viewers, 27 deontological principles of journalists and professional ethics. 2-the editorial status is prepared by the responsible referred to in the previous article, heard the Council, and subject to approval of the owning entity, and must be shipped, in the 60 days following the beginning of broadcasts, the regulatory authority for the media. 3-changes in editorial status follow the terms of the preceding paragraph. 4-the editorial status of the services of television programmes must be available in adequate support to your knowledge by the public.
Article 37 news services the services of television programmes generalists must submit regular news services operated by journalists.
Article 38 shall be replaced by Council and journalists ' right of participation in television programmes with more than five journalists there is a drafting Board, to elect in the form and with the competencies defined by law.
Article 39 hours of issue 1-the services of licensed television programmes shall provide programs for at least 6 hours a day. 2 – are excluded from the discharge of the limit laid down in the preceding paragraph the advertising and teleshopping broadcasts, without prejudice to the provisions of paragraph 4 of article 8, as well as the reproducing images or merely repetitive.
SECTION III Advertising article 40 28 Time reserved for advertising 1-emission time for short messages of advertising and teleshopping, in each period between two units of time may not exceed 10% or 20%, depending on the case of television programmes services of conditional access services or television programmes not conditioning access free or not conditioning with signature. 2-are the limits laid down in this article the messages disseminated by television operators in connection with its own programmes and ancillary products directly derived therefrom, as well as those relating to public services or public interest purposes and appeals from humanitarian content, transmitted free of charge.
Article 41 teleshopping blocks 1 – the services of television programmes of national coverage and not conditioning access subscription can transmit daily up to eight blocks of teleshopping, since your total duration does not exceed 3 hours, without prejudice to the provisions of the previous article. 2-teleshopping blocks shall have a duration of at least 15 minutes. 3-television services of self-promotion is prohibited the broadcasting of teleshopping blocks.
SECTION IV Identification of programmes and recording emissions article 42 Identification of programmes the programmes must be identified and contain the relevant elements of their artistic and technical sheets.
29 Article 43 1 emissions Recording – regardless of the provisions of article 92, the emissions shall be recorded and retained for a minimum of 90 days if another longer is not determined by law or by judicial decision. 2-the regulatory authority for the media may at any time request the recordings referred to in the preceding paragraph, and the same, in duly substantiated cases of urgency, be sent within 48 hours.
Section V Dissemination of audiovisual works article 44 defense of the Portuguese language
1 – The emissions must be spoken or subtitled in Portuguese, without prejudice to the possible use of any other language in the case of programs that meet specific needs of informative type, intended for the teaching of foreign languages or specially targeted at immigrant communities. 2 – the services of television programmes of national coverage, with the exception of those whose nature and subject to such objections, must devote at least 50% of their emissions, excluding the time devoted to advertising, teleshopping and Teletext, the dissemination of programmes originally in Portuguese language. 3-Notwithstanding the preceding paragraph, the program services referred to therein must devote at least 20% of the time of their broadcasts to the dissemination of creative works of original production in Portuguese language. 4-the percentages laid down in paragraphs 2 and 3 may be filled up to a maximum of 25% for programs originating in other Portuguese-speaking countries in addition to Portugal. 5-television operators must ensure compliance with the percentages referred to in paragraphs 2 and 3 do not take place during periods of reduced hearing.
30 article 45 European production television operators that operate services of television programmes of national coverage should incorporate a majority proportion of European works in their programming, once deducted the emission time devoted to news, sports events, competitions, advertising, teleshopping and Teletext.
Article 46 independent production television operators that operate services of television programmes of national coverage shall ensure that at least 10% of their programming, excluding time devoted to news, sports events, competitions, advertising, teleshopping and Teletext, are filled through the dissemination of European works by independent producers of television, produced for less than five years.
Article 47 implementing Criteria compliance with the percentages referred to in articles 44 to 46 is evaluated annually and should be taken into account the specific nature of services of television programmes and the operator's responsibilities with regard to information, education, culture and fun.
Article 48 production support the State must ensure that measures to encourage audiovisual production of fiction, documentary and animation of original creation in Portuguese language, with a view to creating the conditions for compliance with the provisions of articles 44 to 46, through the adoption of legal, financial, fiscal mechanisms or appropriate credit.
31 article 49 duty television operators are required to pay quarterly to the regulatory authority for the media, according to model for her set, all necessary elements for the exercise of supervision of compliance with the obligations laid down in articles 44 to 46 chapter V public service television article 50 1 Principles – the structure and the functioning of the public television service operator must safeguard your independence before the Government Public Administration and other public authorities, as well as to ensure the possibility of expression and confrontation of different opinions. 2-the public television service ensures compliance with the principles of universality and national cohesion, diversification, quality and indivisibility of programming, of pluralism and of accuracy, impartiality and independence, as well as the principle of innovation.
Article 51 Obligations specific to the concessionaire of the public television service 1 – the public service television concessionaire shall, in accordance with the principles set out in the previous article, present a programme that promotes the cultural and civic formation of viewers, ensuring access for all to information, to education and to quality entertainment. 2-the dealership is up to, inter alia: a) providing programming varied and comprehensive, to promote cultural diversity and takes into account the interests of minorities;
32 b) Promote public access to Portuguese cultural manifestations and ensure your coverage; c) Provide free information, rigorous, plural and contextualized, which provides news coverage of major national and international events; d) Ensure the production and transmission of educational and entertainment programmes intended for young audiences and children, contributing to your training; and) Ensure the transmission of cultural programs, educational and informative for specific audiences; f) Participate in educational activities for the media, ensuring, in particular, the transmission of programs geared to this objective; g) Promote the issue of Portuguese language programs and reserve the European production considerable part of your time to issue and shall devote them percentages higher than those required by this Act to all television operators, mindful of the Mission of each of its program services; h) support the domestic production of films and audiovisual works, in respect for the international commitments which bind the Portuguese State, and the co-production with other countries, especially Europe and the community of Portuguese language; I) Issue programmes especially the Portuguese resident outside of Portugal and to nationals of Portuguese-speaking countries, also residing outside of Portugal; j) Ensure the possibility of emission monitoring for people with special needs, in particular through the use of subtitling by teletext, the interpretation by means of sign language, the audio description or other techniques that are appropriate, as well as issue specifically targeted programming for that segment of the audience; l) Ensure the exercise of the rights of antenna, and replica, in accordance with constitutional policy and legally; m) Send messages whose dissemination is requested by the President of the Republic, the President of the Assembly of the Republic or the Prime Minister; n) give in time of issuance to the Public Administration, with a view to the dissemination of information of general interest, in particular in the field of 33 public health and safety.
Article 52 public television service concession
1 – the granting of public service broadcasting is assigned for periods of 16 years, under the terms of the contract concluded between the State and the concessionaire company. 2-granting of public service broadcasting is carried out through the services of television programmes not conditioning access free or, when technological or financial reasons the imposing, not conditioning access subscription. 3-public service award includes necessarily: a) a service of generalist programs distributed simultaneously throughout the country, including the autonomous regions, with the aim of meeting the training needs, informational, cultural and recreational to the general public; (b)) A second generalist programs distributed service simultaneously throughout the country, including the autonomous regions, open to the participation of civil society and with the aim to meet the informational, recreational needs and, in particular, training and cultural education of the various segments of the public, including minorities; c) two services of television programmes especially intended, respectively, to the autonomous region of the Azores and Madeira. d) one or more services from programs aimed at Portuguese language viewers living abroad or specially directed to the Portuguese-speaking countries, which promote the affirmation, valuing and defending the image of Portugal in the world. 4 – the services of television programmes referred to in (a)), b) and (c)) of the preceding paragraph are necessarily free access. 5 – For legal compliance and contractually established, the granting of the public television service can integrate services of television programmes relating to, inter alia: the specialized information provision), giving particular attention to topics of interest to specific communities and regions, together or not with 34 other services of television programmes, particularly as regards joint management of rights; b) disclosure of the documentary collection from the audiovisual archives of the concessionaire of the public service; c) the educational and training needs of the children and young people; d) the promotion of access to different areas of knowledge. 6 – the concession agreement the mentioned paragraph 1 lays down, in accordance with the provisions of this chapter, the rights and obligations of each party and shall define the objectives to be achieved and the qualitative and quantitative criteria which ensure that your implementation, as well as their evaluation forms. 7 – the content of the concession contract and the acts or contracts referred to in the preceding paragraph is subject to the opinion of the regulatory authority for the media. 8 – the concession contract should be reviewed at the end of each four-year period, subject to the changes which occur do.
Article 53 First generalist programs service nationwide service generalist programs nationwide directed to the general public must, taking into account the territorial realities and the various constituent groups of the Portuguese society, grant special relief: a) to information, notably through the broadcasting of debates, interviews, reports and documentaries; (b)) The quality entertainment and expression originating in Portugal; c) the transmission of cultural programmes; d) to the viewers ' awareness of their rights and duties as citizens.
35 article 54 second service generalist programs nationwide 1-the second service of general national programs comprises a strong cultural component programming and training, and should enhance the education, science, research, art, innovation, social action, dissemination of humanitarian causes, the amateur sport and school sport, the religious faiths, the independent production of creative works the Portuguese cinema, the environment, consumer protection and the audiovisual experimentalism. 2 – the second service of generalist programs nationwide must ensure a high-quality programming, consistent and distinct from other services of public service television programmes, participating in public or private entities with relevant action in areas referred to in the preceding paragraph. 3-with the second program service runs a representative advisory body of the Government partners and civil society with him relate.
Article 55 television programmes services of international concern 1-television services referred to in point (d)) of paragraph 3 of article 52 are pursuing their own objectives taking into account the national interests as regards the connection to Portuguese communities around the world or to cooperation with the countries of Portuguese language. 2-For the compliance with the provisions of the preceding paragraph, the public television service can perform collaboration agreements with private television operators to broadcast television services generalist, as well as with bodies and public services with relevant activity in those areas. 3 – services of international television programmes works an advisory body representing government partners and civil society with him relate.
36 Article 56 television programmes services of regional level 1 – the services of television programmes especially for the autonomous regions of the Azores and Madeira should meet the respective social and cultural realities and enhance regional production. 2 – the services of regional television programmes must cede the sending time public administration, including the Regional Autonomous Administration, with a view to the dissemination of information of general interest, in particular with regard to public health and safety. 3-the concessionaire public television service and the regional Government of the Azores and Madeira may establish specific agreements which provide for the financing of additional specific obligations of public service broadcasting, as such defined by their respective legislative assemblies.
Article 57 funding and enforcement
1-the State guarantees the financing of public service broadcasting and ensures the proper application, your under the terms established in the law and the concession contract. 2 – public funding must respect the principles of proportionality and transparency. 3 – the concession contract shall establish a control system to verify compliance with the public service missions and the transparency and proportionality of financial flows associated with, ensuring that these are limited to what is necessary for your pursuit and predicting the appropriate mechanisms to ensure the refund, in case of overcompensation. 4 – the concession contract should also prevent the concessionaire to adopt practices justified by the rules of the market that lead to increased costs or the reduction of income. 5 – in order to allow a proper and effective management of resources, in accordance with the foreseeable development of the economic and social situation, the burden of financing public service radio and television shall be laid down in a multi-annual horizon, with a duration of four years.
37 6-the estimates referred to in the preceding paragraph shall identify, in addition to the total costs for the period of four years, the annual instalment of these charges. 7-the annual external audit, promoted by the regulatory authority for the media within the limits of their jurisdiction, includes necessarily the verification of compliance with the provisions laid down in paragraphs 2 to 4 of this article.
CHAPTER VI Broadcasting Rights, replica policy and response section I common provision Article 58 issuance times Count The tv operators ensure the counting of broadcasting time, and response policy replica, for the purposes of this chapter, giving knowledge of results to interested parties.
SECTION II article 59 antenna right access to the right to 1 antenna – to the political parties, the Government, trade unions, professional and representative organisations of economic activities and environmental associations and the consumer is guaranteed the right to airtime on public service television. 2-the entities referred to in the preceding paragraph shall be entitled, free of charge and on an annual basis, the following broadcasting time: 10 minutes per party) represented in the Assembly of the Republic, plus 30 seconds for each elected Member; b) five minutes per party not represented in Parliament with 38 participating in the latest legislative elections, plus 30 seconds for every 15000 votes on them obtained; c) 60 minutes for the Government and 60 minutes for the parties represented in Parliament which do not form part of Government, prorate according to your representation; d) 90 minutes for the trade unions, 90 minutes to the professional and representative organisations of economic activities and 30 minutes for the associations of environmental protection and consumer protection, to prorate according to your representation; and 15 minutes to other entities) that have the right antenna assigned by law. 3-For airtime means the programming space own the responsibility of the holder of the right, which should be expressly mentioned at the beginning and end of each program. 4-Each holder may not use the right antenna more than once every 15 days, nor on lasting more than ten or less than three minutes, unless your airtime is lower overall. 5-those responsible for programming shall organize, with the collaboration of the holders of the right and in accordance with this law, general plans of its use. 6-the lack of agreement on the plans referred to in paragraph 1 gives rise to arbitration by the regulatory authority for the media.
Article 60 Limitation of 1 antenna – the exercise of the right of antenna cannot occur on Saturdays, Sundays and national holidays, being suspended one month before the date fixed for the commencement of the campaign period in any election or referendum, in accordance with the respective legislation. 2-the right of antenna is not transferable.
39 article 61 of law and preserve Emission antenna 1-The broadcasting time are issued on the television shows of the highest national coverage immediately before or after the main national newspaper spread among the 7:00 pm and 22 hours. 2-the right antenna holders should request to reserve the airtime the entitled until 15 days before transmission, and its recording be made or pre-recorded materials delivered by 72 hours before the broadcast of the program. 3-in the case of programmes ready for broadcast, the delivery should be made until 48 hours before transmission. 4-the holders of the right are provided requisite antenna technical means for carrying out their programs in conditions of absolute equality.
Article 62 expiry of the right of the antenna the deadlines laid down in the previous article determines the expiry of the right unless it has occurred by not attributable to your holder, in which case the unused time can be accumulated to use programmed after the cessation of the hindrance.
Article 63 right to antenna in election period election periods, the exercise of the right of antenna shall be governed by the applicable electoral legislation, covering all services of television programmes free generalists.
SECTION III right to 40 policy article 64 replica replica policy Law of opposition parties
1 – The parties represented in the Assembly of the Republic and which do not form part of the Government have the right to reply, in the same programs, to policy statements made by the Government in public service broadcasting that directly hit them. 2-the duration and the relief granted to the exercise of the right referred to in the preceding paragraph are the same as those of the declarations which they have given rise. 3-when more than one party has requested, through its representative, the exercise of the right, the time is prorated in equal parts by several holders, and may never be less than one minute for each intervener. 4-the right to political replica are applicable, mutatis mutandis, the procedures provided for in this law for the exercise of the right of reply. 5-for the purposes of this article, only consider the General or sectoral policy statements made by the Government in your name and as such not identifiable with, in particular, the statements of members of the Government on matters relating to the management of their departments.
SECTION IV rights of reply and rectification article 65 Assumptions of reply and rectification 1 – has the right of reply in television any natural or legal person, organization, agency or public body that has been the subject of references, albeit indirect, that may affect your reputation or good name. 2-the entities referred to in the preceding paragraph shall have the right of rectification in television programmes in which have been bungled or misleading references to them. 3-the right of reply and rectification are affected, with the express agreement of the person concerned, the television operator has corrected or clarified the 41 text or image in question or you have allowed, otherwise, expose the facts or the views that allegedly would justify the reply or rectification. 4-the right of reply and rectification are independent of criminal procedure by the fact of issuance, as well as the right to compensation for damage caused by it.
Article 66 entitled to screening 1-the holder of the right of reply or rectification, or who legitimately represents it in accordance with paragraph 1 of the following article, may require, for the purpose of your exercise, the viewing of the material in the issue in question, which must be provided to the party concerned, within a maximum of 24 hours. 2-the application of screening suspends the deadline for the exercise of the right of reply or rectification, that run 24 hours after the time when the issuing authority has provided. 3-the right to screening also involves obtaining a registration of the issue concerned, upon payment of the cost of the support that is used.
Article 67 rights of reply and rectification 1-the right of reply and rectification shall be exercised by the holder, by your legal representative or by the heirs, in 20 days following the issue. 2-the term of the preceding paragraph shall be suspended when, by reason of force majeure, the people in it referred to are prevented from asserting a right whose exercise is concerned. 3 – the text of the response or correction should be delivered to the television operator, with signature and identification of the author, through demonstrating the procedure your reception, invoking the right of reply or rectification or the relevant legal provisions. 4 – the content of reply or rectification is limited by direct and useful relationship with the references that have caused, and may not exceed the number of words of the text to which they gave rise.
42 5-the reply or rectification may not contain desprimorosas or disproportionately expressions involving criminal or civil responsibility, which, in this case, only the author of the response or correction may be required.
Article 68 decision on the transmission of reply or rectification 1 – when the reply or rectification are untimely, come from people without legitimacy, they lacked clearly unfounded or contradict the provisions of paragraphs 4 or 5 of the preceding article, the television operator may refuse your issue, informing the interested in writing about the refusal and the reasons your in the 24 hours following the receipt of the reply or rectification. 2-If the rectification or violate the provisions of paragraphs 4 or 5 of the preceding article, the operator calls the person concerned within the period laid down in the preceding paragraph, to carry out the removal, in the 48 hours following, the passages or phrases in question, shall be entitled to refuse the disclosure of all of the text. 3-in the case of the right of reply or rectification has not been satisfied or have been unreasonably refused, the person concerned may appeal to the Court of your domicile, within 10 days of the date of refusal or of the expiry of the legal deadline for the satisfaction of the right, and to the regulatory authority for the media, in accordance with the terms and deadlines of the legislation specifically applicable. 4 – Required the judicial notice of that operator has not given satisfaction to the right of reply or rectification, that is immediately notified by post to contest within two working days, after which you will be delivered in the same period the decision, which merely devolutive effect resource. 5-Only documentary evidence is permitted, and all the documents together with the initial application and the defence. 6-in the case of origin of the application, the operator sends the reply or rectification within the time limit set in paragraph 1 of the following article, accompanied by the mention of that is carried out by court decision or of the regulatory authority for the media.
43 article 69 transmission of reply or rectification
1-the transmission of reply or rectification is made until 24 hours after the delivery of its text to the television operator, except as provided in paragraphs 1 and 2 of the previous article. 2-the reply or rectification are transmitted free of charge in the same program or, if not possible, emission-time equivalent. 3-the reply or rectification must be transmitted as often as emissions from the reference that the action. 4-the reply or rectification are read by an announcer of the originator in molds to ensure your easy perception and may include audiovisual components whenever the reference that the motivated have used similar technique. 5-the transmission of reply or rectification cannot be preceded or followed by any comments other than those needed to point out any inaccuracy or mistake of fact, which can cause new reply or rectification, pursuant to paragraphs 1 and 2 of article 65 CHAPTER VII section I civil liability Liability article 70 liability 1-in determining the gross forms of liability emerging facts committed through television general principles are observed. 2-television operators respond jointly and severally with the persons responsible for transmission of previously recorded programs, with the exception of transmitted under the laws of antenna.
44 SECTION II sanctions article 71 Regime Crimes committed through 1 tv-acts or harmful behaviors of legal interests protected under criminal law perpetrated through television are punished in accordance with the adjustments given in the following paragraphs. 2 – where the law does not establish aggravation due to the middle of commit, the crimes committed through television that are not provided for in this law are punished with the penalties laid down in the rules, a third high incriminating in their minimum and maximum limits. 3 – the director referred to in article 35 only responds criminally when not object, being able to do so, to commit the crimes referred to in paragraph 1, through appropriate actions to avoid them, in which case the penalties imposed in the corresponding legal types, reduced to a third in its limits. 4-in the case of correctly reproduced statements or speeches of opinion, provided by persons duly identified, these can only be held liable, except when your content constitutes incitement to racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation, or to commit a crime, and your transmission cannot be justified by journalistic criteria. 5-in the case of consensual, not emissions answer who have determined their transmission. 6 – the technicians at the service of the television operators are not responsible for the emissions that they give your professional contribution, if they are not due to awareness of the criminal nature of your act.
Article 72 illegal activity 1 – television Who exercise the activity of television without being legally entitled is punished with imprisonment up to three years or a fine up to 320 days.
45 2 – Are reported lost in favour of the State goods used in the pursuit of the activity of television without legal qualification, without prejudice to the rights of bona fide third parties, pursuant to article 110 of the Penal Code. 3-the provisions of paragraph 1 is particularly applicable in the case of: a) exercise of activity as diverse entity that has been licensed or authorized; (b) the revocation decision) of the licence or the interdiction program service relay.
Article 73 qualified Disobedience 1 – those responsible for programming, or replace them, incurred in the crime of qualified disobedience when, in order to prevent the targeted effects: a) accept the decision of the Court to order the transfer of reply or rectification, under the provisions of paragraph 6 of article 68; b) Refuse the dissemination of judicial decisions pursuant to article 91; c) fail to comply with the decisions of the regulatory authority for the media regarding the exercise of the rights, politics, replica of reply or rectification; d) fail to comply with interim or definitive decision of suspending the transmission or retransmission. 2 – Incur still in crime of qualified disobedience entities that do not accept the decision of the regulatory authority for the media that determine the suspension of retransmission, in accordance with the provisions of article 86 article 74 attempt on freedom of information and programming 1 – Who impede or disrupt television broadcast or seize or damage materials necessary to the pursuit of the activity of television out of the cases provided for by law and with the intent to affect the freedom of programming and information, is punished with imprisonment up to two years or a fine up to 240 days if more severe penalty you does not fit under the criminal law. 2-the application of the sanction provided for in the preceding paragraph shall not prejudice the implementation of 46 civil liability for damage caused to the originator. 3-If the offender is an agent or employee of the State or of public legal person and, in the performance of their duties, practise the facts described in paragraph 1, shall be punished with imprisonment up to three years or a fine up to 320 days, more severe penalty if it does not fit under the criminal law.
Article 75 administrative offences take 1 – is punishable by a fine of € 7500 € 37 500: a) non-compliance with the provisions of paragraph 3 of article 19, in the first part of paragraph 4 of article 27, in articles 29 and 42, paragraph 5 of article 44, in articles 45 and 46 and in article 58; b) failure to comply with the provisions of the first part of paragraph 1 of article 60; c) the omission of the indication referred to in the second part of paragraph 6 of article 68 2-negligence is punishable, being reduced to half the minimum and maximum limits of fines applicable.
76 Against serious offences
1-is punishable by a fine of € 20 000 to € 150 000: a) non-compliance with the provisions of paragraphs 1, 6, 8 and 9 of article 25, in the second part of paragraph 4 and paragraph 8 of article 27, paragraph 1 of article 30, paragraph 5 of article 32, paragraph 3 of article 33, in articles 35 , 36 and 37, 40, 41, 43, paragraphs 1 to 3 of article 44, article 49, paragraph 4 of article 59, paragraphs 1 and 4 of article 61, paragraphs 2 and 3 of article 64, in article 69 and in paragraph 1 of article 92; b) the omission of the information referred to in paragraph 1 of article 68; c) violation of the provisions of article 20, in the second part of paragraph 1 of article 60 and of the time limits laid down in paragraph 1 of article 66 and paragraph 6 of article 68. 2-the negligence is punishable, being reduced to half the minimum and maximum limits of fines applicable.
47 article 77 Against very serious offences 1-is punishable by fine of € 75 000 375 000 € and suspension of license or authorization of the program or service of the transmission of the program in which they are committed, depending on the seriousness of the offence for a period of 1 to 10 days: a) non-compliance with the provisions of paragraph 2 of article 7, article 12 in paragraph 1 of article 21, paragraphs 2 and 3 of article 25, paragraphs 2 and 3 of article 27, in article 31, paragraphs 2 and 6 of article 32, paragraph 1 of article 33, paragraph 1 of article 39 and paragraph 2 of article 60; (b)) the violation by any operator, guarantees and obligations of phasing the which is linked; c) the violation by any operator, the provisions of paragraph 2 of article 30 and of the right provided for in paragraph 1 of article 66; d) exploitation of television services by diverse entity of the holder of the licence or authorization; and) the denial of the exercise of the right of antenna to entities that are entitled to it pursuant to paragraph 1 of article 59 2-is punishable by the fine provided for in the preceding paragraph the retransmission of television programs, services or programs that violate the provisions of paragraphs 2 and 3 of article 27: a) rights on the contents in question are acquired with knowledge of your nature; or b) in the case of retransmissions of content from non-EU countries, the infringement is manifest and notorious and distribution operator would prohibit access to their contents. 3-negligence is punishable, being reduced to half the minimum and maximum limits of fines applicable.
Article 78 1 – offences provided for By Responsible in previous articles answer the television operator in whose service programs has been committed the offence, except 48 breach of paragraph 2 of article 60, which responds to the holder of the antenna. 2 – the distribution operator responds by breaches which are attributable pursuant to article 25 and of paragraph 2 of article 77 Article 79 infringement in airtime to infringement of the provisions of paragraphs 2 and 3 of article 27 and in paragraph 2 of article 60, referred to in (a)) of paragraph 1 of article 77 when committed in the exercise of the right of antenna, is still depending on the seriousness of the offence, punishable by suspension accessory sanction of exercising the same right for periods of three to 12 months, with a minimum of six to 12 months in case of repeat offences, without prejudice to any other penalties provided by law.
Article 80 special Mitigation and remission of the suspension and the fine 1-in the case of the circumstances of which the general law does depend on the special mitigation of sentence: a) in case of mild or severe infraction, shall apply the provisions of paragraph 3 of article 18 of Decree-Law No. 433/82 of 27 October; b) in the case of very serious infraction, the limits of the fine is reduced by one-third, and may not be decreed the suspension of license or authorization of the program, service or the transmission of the program. 2-In case of mild infraction can be waived the fine agent if the circumstances of which the general criminal law does rely on the waiver of the penalty. 3-the operator may be relieved of penalty in case of violation of advertising time limits laid down in article 40 when the breach this limit in a given time caused by exceptional and duly justified reasons, namely delay or unexpected extension of the broadcast, and it is found that, in all that time, the previous and following, was the cumulative limit of advertising laid down in that provision.
49 article 81 Aggravation especially if the operator committing an administrative offense after being sanctioned, less than a year ago, by other administrative offense provided for in this law, the minimum and maximum limits of the fine and the suspension of transmission are high for the double.
Article 82 revocation of license or authorization 1 – infringement of the provisions of paragraph 2 of article 7, paragraph 1 of article 21, paragraphs 2 and 3 of article 25, paragraphs 2 and 3 of article 27, in article 31, paragraphs 2 and 6 of article 32, paragraph 1 of article 33 in paragraph 1 of article 39, paragraph 1 of article 59, paragraph 2 of article 62 and in paragraph 1 of article 66 and the violation of the obligations and obligations of phasing to the operator is bound, in services of television programmes which have already been the subject of two other breaches of the same gravity can lead to the revocation of its licence or authorization. 2-for the purposes of the preceding paragraph, any alleged infringement ceases to be taken into account when, between the condemnation of your practice and the administrative offense following, has elapsed over two years. 3 – violation of article 12 and paragraph 2 of article 30 may, given the seriousness of the offence giving rise to the revocation of license or authorization of services of television programmes in which has been committed. 4 – violation of article 20, may give rise to the fixing, by the regulatory authority for the media, a new deadline for the beginning of broadcasts, after which, in case of default, persistence is revoked the license or authorization. 5-violation of subparagraphs (a) repeatedly) to c) of paragraph 1 of article 73 may give rise to the revocation of license or authorization of services of television programmes in which has been committed. 6-the violation of subparagraph (d)) of paragraph 1 of article 73 may give rise to the revocation of license or authorization of services of television programmes in which has been committed.
50 Article 83 stay of execution
1-Can be suspended the implementation of the suspension of the licence or authorization of the program, service or the transmission of the programme, for a period of three months to a year, in the case of the assumptions that the general criminal law does depend on the suspension of the execution of penalties and the operator has not been sanctioned by administrative offense for at least a year. 2 – A stay of execution may be subject to the provision of guarantee of good conduct, to set between € 20 000 to € 150 000, taking into account the duration of the suspension. 3-the stay of execution is always revoked if, during the relevant period, the offender committing very serious infraction. 4-revocation of suspension determines whose execution was suspended and the breach of security.
Article 84 abbreviated Process 1 – in case of infringement of the provisions of paragraphs 1 and 2 of article 40 and in any other in which the regulatory authority for the media provides automated recording or other record of the facts constituting the infringement as soon as the news of the offence, the operator will be notified:) of the facts constituting the infringement; b) infringed legislation; (c)) of the applicable penalties; (d) the period allowed for presentation). 2-the defendant may, within 20 days of notification, submit your defense, in writing, with an indication of evidence that understand should produce.
Article 85 interim Suspension 1 – transmission going on strong indications of serious offense provided for this Act, and, in particular, given the nature of the transmission and the other 51 circumstances there is danger of continuation or repetition of wrongful activity indicted, the media regulatory authority may order the immediate suspension of the broadcast of the program or service to programs in which the offence has been committed. 2 – the decision is liable to judicial review, that will be immediately sent to judicial decision and should be judged within a maximum period of 15 days from the time when the records are received in the competent court.
Article 86 limitations to 1 relay-the regulatory authority for the media may suspend the retransmission of television programmes services not conditioning access free or not conditioning, or its signature programs, when: a) manifestly, seriously and gravely Hinder the free formation of the personality of children and adolescents, in particular with the issue of programs containing scenes of pornography or gratuitous violence; or b) Incites to hatred, racism or xenophobia; and the television transmitter operator has committed such violation at least twice during the previous 12 months. 2-in the case of television programs or services of programmes from other Member States of the European Union, the course of action referred to in the preceding paragraph should be preceded by: a) Of notification made by the regulatory authority for the media, the operator of tv transmitter and the European Commission, which identified the alleged violations and the measures that will be adopted, if such violations if they occur again; b) in case of persistence of the violation, within 15 days of the notification of the preceding paragraph and after consultations between the Member State conciliatory and the European Commission, notification of the regulatory authority for the media, the European Commission, the Member State of transmission and distribution from the operator still suspend the retransmission of programs that conflict with the provisions of the preceding paragraph.
52 SECTION III special provisions of article 87 process process Form the procedure for criminal offences committed through television shall be governed by the provisions of the criminal procedure code and supplementary legislation, with the specialties under this law.
Article 88-1 territorial jurisdiction to hear crimes provided for in this law is the Court of the judicial district where the operator has to your seat or permanent representation. 2 – exceptions to the provisions of the preceding paragraph the crimes committed against the good name and reputation, privacy or other reserve assets of personality, whose assessment is within the jurisdiction of the Court of the domicile of the offended. 3-in the case of television broadcasts by an entity not authorized under the law, and it is not known the element defining competence pursuant to paragraph 1, the Court shall have jurisdiction of the District of Lisbon.
Article 89 precautionary Suspension in the process by crime Article 85 shall apply mutatis mutandis to proceedings for crimes provided for in this law, and the Prosecutor's Office request the precautionary suspension during the inquiry.
Article 90 1 – test arrangements For proof of the assumptions of the exercise of rights of reply or rectification, and without prejudice to any other means allowed by law, the party concerned may require, in accordance with article 53 of the code of Civil procedure 528.º, the originator is notified to submit within the dispute, the recordings of the respective program. 2-in addition to the referred to in the preceding paragraph, only documentary evidence is permitted to join with the initial application or with the opposition.
Article 91 dissemination of decisions 1 – at the request of the Prosecutor or of the offended, and by court decision, the operative part of which have become res judicata sentencing for crimes committed through television, as well as the identity of the parties, is disseminated by the issuing authority. 2-the accused in criminal proceedings reported through television and later acquitted by final judgment, may apply to the Court that the content of this sentence is also reported by the issuer, on the same program and service on time, space and prominence equivalent television. 3 – dissemination of the operative part of the judgments referred to in the previous paragraphs must be carried out in order to safeguard the rights of third parties.
CHAPTER VIII television heritage conservation Article 92 legal deposit
1 – eligible emissions records as of public interest, depending on your historical or cultural significance, are subject to legal deposit, for the purpose of long-term conservation and accessibility to researchers. 2-the legal deposit referred to in the preceding paragraph shall be governed by own diploma, which will safeguard the interests of authors, producers and television operators. 3-the State also promotes long-term conservation and public accessibility of records considered to be of public interest prior to the enactment of the Ordinance of the legal deposit, through specific protocols concluded with 54 each.
CHAPTER IX transitional and final provisions Article 93 1 adjustment skills – unless provided otherwise legal, the regulatory authority for the media to regulate the matters provided for in this decree-law and your compliance with surveillance. 2 – it is the regulatory body for the media the statement of a misdemeanour provided for in this law and to your President the application of fines. 3-the recipe of fines in 60% reverts to the State and 40% to the regulatory authority for the media.
Article 94 1 – capacity reserve in the allocation of rights of use of frequencies for terrestrial digital tv broadcasting service of national coverage not conditioning access is reserved transmission capacity for television services broadcast in analog mode via terrestrial held by operators licensed or leased to the date of entry into force of this law. 2-the right referred to in the preceding paragraph shall be exercised by the regulatory authority for the media by the operators concerned, under penalty of forfeiture, within 60 days after the date of assignment of the right of use of those frequencies. 3 – the non-exercise of the right provided for in the preceding paragraphs shall not affect the provisions laid down in paragraphs 2 and 3 of article 25 of this law.
55 article 95 supervening Changes the attribution of new licenses or permits as well as the modification of the existing legislative framework does not constitute a basis for television operators claim amendment of the conduct of such business, in terms of economic and financial balance, or entitlement to any compensation.
Article 96 shall be considered as References made to the corresponding provisions of this Act references made to law No. 32/2003, of 22 August.
Article 97 Transitional Standard 1-the provisions of paragraph 1 of article 22 and paragraph 1 of article 52, shall not affect the counting of the licenses, permits and the granting of public television service in progress at the date of entry into force of this law. 2-the provisions of article 23 shall apply to licences or authorisations held by operators in Office on the date of entry into force of this law, and the first mid-term evaluation occur at the end of the first or of the second five-year period following the date of the assignment or of the last renewal, as the case may be. 3-The provisions of this law are fully applicable to undertakings which, at the date of your entry into force, engaged in an activity, as defined in point (a)) of paragraph 1 of article 2 Article 98 Standard set 1 – the following shall be repealed: a) the law No. 32/2003, of 22 August; b) Decree-Law No. 237/98, of 5 August.
56 2 – articles 4 and 5 of law No. 32/2003, of 22 August, however remain in force until the entry into force of the law approving the legal regime of the concentration of media ownership.
Seen and approved by the Council of Ministers of 22 February 2007 Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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