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Parliamentary Group

Draft Law No 342 /X

Changes the Status of Journalists

Exhibition of Motives:

They are of vary order the challenges and risks of new kind that defaced the profession of the

journalists at this beginning of the twenty-first century. The fulgurant and vertiginous technological revolution

in all the known means of information and the resurgence and the rapid

implementation of new supports for this purpose, the huge volume of capital

involved in the investments for their exploration and in the profits that they result from, the

very quick private appropriation of these means by the large financial groups

where one has been focusing, increasingly on the world scale, the oligopolistic control of the

social communication in all its modalities, all this conjugating, in the world of

today, with the extraordinary power of influence, of socialization and manipulation that the

media acquired, sets up a substantially new situation for the exercise

professional of journalism written, radiophonic or television. Where the largas

open innovation perspectives are only comparable to the size of new and old

dangers that can lurk in free journalism, respected in their rights

fundamental and respectful of the deontological and legal duties that frame the

profession in a State of Law.

At the origin of free expression and in the safeguarding of real media pluralism

in the framework of the new conditions of the capitalist globalization of media

resting, after all, the guarantee that freedom of speech and the rule of law should be

to turn into an appearance in a largely emptied shadow game of

content.

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It is therefore, in the understanding of the Left Bloc, very timely, and even urgent, the

review of the Status of Journalists (Law No. 1/99 of January 13) in order to adapt it

to the new technical, politic and economic circumstances of the exercise of the profession and in

seen, in the touching on the present project, to accral aspects that we repudiate essential to

your practice in conditions of real pluralism, freedom of expression and safeguarding of the

professional rights of journalists.

That being the case, the draft law that now presents itself intends, as soon as, to clarify or

rotating from new guarantees and developments aspects concerning the definition of who

is a journalist (article 1º), the incompatibilities (Article 1º, paragraph 3 and article 3º), access to

profession (articles 1º and 5º), to the enunciation of rights (Article 6), to the conjugation of the

freedom from creation, expression and dissemination (Article 7º), to the right of access to source

officers or places open to the public (Articles 8 and 9), to the broadening of the right to

participation (Article 13) and the enunciation of duties in a sense, simultaneously, of

safeguard of the conscience clause of journalists and the enhancement of rights and the

dignity of people and the public interest in general (Article 14). In all these

domains have been carefully considered the proposals of the representative bodies

of the professional interests directly involved, specifically the Union of the

Journalists.

But, the proposed Law of the Left Bloc gives special importance to three aspects

particularly sensitive of the status of journalists, regarding which the proposal

of law presented by the Government shows itself too much slug of the rights of journalists. The

know:

1.) The protection of the professional secrecy of journalists, unambiguously that they may

lead to forms of arbitrariness in the decision to break from what is a duty

fundamental.

2.) The explicitation of the independence of journalists and the conscience clause of

how to guarantee the effective guarantee of your professional autonomy and not

vulnerability of their punishment while dependent workers.

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3.) The consecration of the defence of the copyright of journalists against the bubbling by

part of the companies and media groups, refusing reuse by these of all

their work in any of the organs they possess, establishing, in fact,

single-drafting regimes of the group with the foreseeable consequences in narrowing

of pluralism, disinformation and the employment of professionals (Articles 2, 7, and 7.

B).

Finally, the Left Bloc has serious reservations about the attribution of powers

disciplors to the Journalist's Professional Portfolio Committee, especially when

extends the power to decide on this matter to journalists not assigned by their peers

but by patronage, in clear denial of the principle of self-regulation, orientation

followed by the proposal of the Government. That is why it is even understood that the amendment of the

Status of journalists does not appear to be the appropriate seat for the consecration of a regime

discipline for journalists-which in itself contesting itself-or updating the

counterordinational regime.

Thus, and in the applicable constitutional and regimental terms, the Parliamentary Group of the

Left Block presents the following draft law:

Article 1.

Amendment to Law No. 1/99 of January 13

Articles 1, 2, 4, 5, 7, 9, 11, 12, 13, 13, 13, 13, 13 and 14 of Law No. 1/99

of January, shall be replaced by the following:

" Article 1.

(...)

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

permanent and remunerated, exercise with editorial autonomy functions of research,

collection, selection and processing of facts, news or opinions, through text,

image or sound, intended for dissemination, with informative purposes, by the press,

by news agency, by radio, by television or by any other means

broadcast electronic.

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2-(...).

3-Maintain the quality of journalists the professionals who, after ten years of

exercise of the activity, lay down in main occupation regime to

research, training or faculty in the area of journalism or the sciences of the

communication and do not incur any predicted mismatch situation

in Article 3.

4-Exceptionally, they can still be journalists the citizens in the full enjoyment of the

your civil rights, which require it within one year after the entry into force

of this Act, and which they prove, before the Commission of the Professional Portfolio of the

Journalist:

a) having exercised a journalistic activity for period not less than six years,

specifically as local correspondents or collaborators of organs of

media;

b) having exercised the duties of director of general information publication of general information

as equated for the minimum period of ten years;

c) having acquired the specific skills of the profession through the evaluation of

journalistic work by you elaborate and presented as a collaborator

permanent, having exercised the corresponding activity for a period not

less than six years.

Article 2.

(...)

They have conditions for exercising the profession of journalist the larger citizens of

age, at the full enjoyment of their civil rights that they have concluded with

take advantage of the stage referred to in Article 5.

Article 3.

(...)

1-(...).

a) (...);

b) (...);

c) (...);

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d) (...);

e) Functions while holders of organs of sovereignty or other political offices, such

as identified in points (a), (b), (c), (e) and (g) of Article 1 (2) of Law No 64/93,

of August 26, as amended by the Leis n. 39-B/94, 27 of

December, para. 28/95, August 18, para. 42/96, August 31 and No. 12/98, 24 of

February, except for the Assembly of the Republic and Members of the Assemblies

Regional Legislative.

2-(...).

3-(...).

4-(...).

5-After ceasing the incompatibility, the journalist is left unimpeed, for a period of six

months, to engage in journalistic activity in the areas in which you have worked and which

are incompatible with the profession of journalist.

Article 4.

(...)

1-(...).

2-(...).

3-Companies can hire the provision of journalistic services to journalists

exterior to your frames, provided that in each edition the set of these services do not

exceeds five per cent of its total journalistic content.

4-Once completed the respective stage of admission in the profession, the journalists

may opt for the independent working regime, as long as they are proven, by means of

annual declaration of income, which journalism constitutes its activity

predominant.

Article 5.

(...)

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

harnessing, with the duration of 24 months, being reduced to 18 months in case of

habilitation with higher course or professional journalism training course or at 12

6

months in the case of graduation in the area of media or habilitation with

Equivalent course recognized by the Commission of the Journalist Professional Portfolio.

2-The stage referred to in the preceding paragraph shall be carried out in a working contract procedure,

during which the trainee integrates into the structure of the writing of an informative body,

and in the various sections of the wording, in order to obtain the actual knowledge of the

journalistic activity.

3-In the first fifteen days from the beginning of the internship, the director of information of the

media organ communicates to the Council of Redaction and the Commission of the

Professional portfolio of Journalist the admission of the trainee and the name of the respective

advisor.

4-It is an indispensable condition for the assignment of the professional portfolio of journalist to

conclusion with taking advantage of the stage referred to in the preceding paragraphs, by

assessment by a jury integrated by the director of the information body, by the advisor

of the internship and by a member of the Board of Redaction or, in the absence of this organ, by a

journalist to co-opt for those and the assessed.

5-A The duration of the internship referred to in paragraph 1 will be reduced to six months by

habilitation with a vocational training course with the duration of 400 hours for the

candidates licensed in journalism and from 700 hours for the remaining cases.

6-The conditions of access, the minimum mandatory content of the course referred to in the number

previous, including the trainee follow-up and the respective evaluation are

regulated by joint office of the members of the Government responsible for the areas of the

employment and social communication, upon proposal by the Portfolio Commission

Professional of Journalist and listened to the most representative trade union organization of the

journalists.

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

stage.

Article 6.

(...)

a) (...);

b) (...);

c) (...);

d) (...);

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e) (...);

f) The right of participation in the election of the Commission of the Professional Portfolio of

Journalist, from access to the reports of your activity and consultation in the making of the

Disciplinary Regulation.

Article 7.

(...)

1-A freedom of creation, expression and dissemination of journalists is not subject to

to hindrance or discrimination or to be subordinated to any kind or form of

censorship, nor to any economic constraints, specifically in the face of power

of the shareholders, the company or the advertisers.

2-(...).

3-(...).

Article 8.

(...)

1-(...):

a) (...);

b) (...).

2-(...).

3-(...).

4-(...).

5-(...).

6-In case of non-compliance with the decision of the Commission on Access to Documents

Administrative in the terms of the preceding paragraph, the person concerned may apply for

intervention of the Regulatory Entity for Social Communication, having deliberation

of this urgent and binding nature organ and incurring a crime of disobedience

who does not abide by it.

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Article 9.

Right of access to places open to the public

1-(...).

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

public, be open to social communication.

3-(...).

4-(...).

Article 11.

(...)

1-Without prejudice to the provisions of this article and in the criminal procedural law, the journalists

are not required to reveal their sources of information, not being their silence

liable for any penalty, direct or indirect.

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

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

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

investigation of serious crimes against the security of the state or of serious cases of

organized crime, provided that the court demonstrates that the breach of secrecy is

fundamental to the discovery of the truth and that the respective information does not

could be obtained in any other way.

3-The journalist must be informed in advance of the full extent of his rights, in

particular with regard to the non-disclosure of the sources, whenever it is called to depose

before a judicial authority or the police body, under penalty of nullity of the act.

4-In case it is ordered to disclose the sources in accordance with paragraph 2, the court shall

specify the scope of the facts on which the journalist is obliged to provide

testimony, owing to the provision of testimony proceeding with exclusion of publicity,

getting those present in the act obligated to the secret of justice over all the content of the

same.

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

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

in them exerts duties, they cannot, unless with written permission of the journalist involved,

disseminate its sources of information, including the journalistic archives of text, sound

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or image of the companies, detailed facturings of phones or mobile phones, or

any documents likely to reveal them.

7-( Previous n. 4. )

6-A search in media organs, or in place in which the journalist

demonstrably carry out their professional activity, as well as the seizure of

material by these used in the exercise of the profession, can only be ordered or

authorized by the judge, which presides personally on the due diligence, and shall obey the

requirements of paragraph 2 of this Article.

Article 12.

(...)

1-(...).

2-The journalists have the right to refuse any orders or service instructions with

incidence in editorial subject matter emanating from person who does not exercise statutorily

steering functions on the information sector to which they are affected.

3-The journalists who perform hierarchical roles in the same structure as

wording may proceed to changes in journalistic works produced by journalists

your subordinates, exclusively dictated by necessity of sizing or

linguistic correction, as long as the respective authors do not find themselves in a condition

of carrying out them, while it is nevertheless lawful for the respective authors to refuse the association of the

your name to a journalistic piece in whose final wording if you do not recognize or do not

deserve your concordance.

4-A publication or dissemination of the work of journalists, albeit unprotected

by the right of author, in a diverse media organ of that in whose writing

carry out duties, even if held by the company or economic group to which

find contractually linked, always depends on the prior consent of the

same and must redress in exceptional character.

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

media, confirmed by the Regulatory Entity for Social Communication a

application of the journalist, presented within sixty days on the date of the

verification of the constitutive elements of the modification, this may cause the relationship to cease

of work with a fair cause, having a right to compensation corresponding to three

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months of salary for each full year of service, calculated according to salary

average of the last twelve months, and never less than three months of the same.

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

shall be exercised, under penalty of expiry, in the 30 days subsequent to the notification of the

deliberation of the Regulatory Entity for Social Communication, which must be taken

within thirty days after the journalist's request.

7-In case the regulator does not confirm the change invoked by the journalist, this

it cannot be the subject of any disciplinary measure.

Article 13.

(...)

1-(...).

2-In the media organs, with five or more journalists as well as in the

regional representations with editorial autonomy with the same number of

professionals, these elect a board of writing, by secret ballot and second

regulation per se approved.

3-(...)

4-(...):

a) Cooperate with the direction in the exercise of the editorial guidance functions that this

incumbent, in particular through the issuance of recommendations and opinions;

(b) Pronouns on the admission and professional progression of journalists;

(c) Pronounce prior and binding on the designation or destitution of

journalists with directing and managerial roles;

d) Give a binding opinion on the drafting and amendments to the editorial status;

e) Participate in the elaboration of the codes of conduct that are to be adopted by the

information bodies and to pronounce on their final version with a binding opinion;

(f) Binding, in a binding manner, on the conformity of writings or images

advertisement with the editorial guidance of the media organ;

(g) to decide, by means of prior and binding opinion, on the intention of the Director of

denigration of right of reply;

(h) Pronouns on the invocation by the journalists of the rights and duties provided for in the

numbers 1 a to 3 of Article 12;

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(i) Pronount on deontological or other matters relating to the activity of the

drafting, both of a collective and individual nature, through appreciations and

recommendations;

(j) Pronount about the disciplinary responsibility of professional journalists,

particularly in the assessment of fair cause of dismissal, within five days of

count of the date on which the process is delivered to it;

(l) Pronount about the disciplinary responsibility in the proceedings opened by the

Commission of the Journalist's Professional Portfolio for journalists belonging

to the redactorial body of the respective information body and to other journalists who this

hajam provided services and by virtue of these.

Article 14.

(...)

1-( Previous body of the article ):

a) (...);

(b) to respect the guidance and objectives set out in the editorial status of the organ of

social communication for them to work, save the willing as to the clause of

conscience;

c) (...);

d) (...);

e) Do not negatively discriminate against persons, specifically in function of colour, race,

religion, nationality or gender;

f) Abster to collect and disseminate statements or images that offend the dignity of the

people;

(g) Respect privacy according to the nature of the case and the condition of the persons,

as well as preserving the reservation of intimacy;

h) (...);

i) Do not collect images and sounds with the recourse to unauthorized means unless

check a state of need for the safety of the persons involved or the

public interest justifies it;

j) Faculty of your identification as a journalist, save if the concealment or falsification of the

same as dictated by reason of strong public interest;

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l) Respect the alheious creations, not presenting them as their, as well as the

respective copyright, when applicable.

2-No employment relationship can provide for any disciplinary regime, as far as it is concerned

to the duties set out in this article, in addition to the possibly established by

specific legislation applicable to the sector. "

Article 2.

Addition to Law No. 1/99 of January 13

The following articles are adjourned to Law No. 1/99 of January 13:

" Article 5.

Continuous training

Without prejudice to the provisions laid down in the Labour Code and in the instruments of

collective labour regulations applicable, journalists are entitled to attend,

during the normal period of work and up to a maximum of 50 hours in a period of two

years, trainings of training delivered by certified entities.

Article 7.

Rights of author

1-Considerate works, as such protected, the creations of the journalists who do not

limit to the mere dissemination of news or topical information, and to have the

your individual draft of creation and of expression.

2-The works mentioned in the preceding paragraph shall enjoy the protection of this Law, well

as from the one provided for in the Code of the Right of Author and the Rights Condices.

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

professional, as a constant in the Journalist's Professional Portfolio Committee, the

works of their authorship, individual or collective, as well as the right to claim the

any time your authorship, specifically for the purposes of the recognition of the

their respective copyright law or any other applicable rights.

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Article 7 ºB

Authorizations and retributions

1-The journalists who carry out their activity in the execution of a contract of employment,

are entitled to an autonomous remuneration for the use of their works protected by the

author right, whose conditions must appear in contract expressly concluded

to that effect, or through collective labour convention, being null and void

ceding clauses of constant works of individual work contract.

2-The authorizations for any communication to the public of the intellectual creations of the

employed persons, or the transmission, in whole or in part, of the respective rights

author's patrimonial, they must be established upon contract expressly

concluded for that purpose, or through collective labour convention, containing

compulsorily the colleges covered and the time, place and price conditions

applicable to their use.

3-The provisions of the preceding paragraphs shall also apply to any use of

work of the journalists in the media bodies, and their electronic sites,

held by the company or economic group to which these find themselves contractually

bound, being void of any provision in a contrary sense.

4-A The use of journalistic works through non-existingmodes of exploitation or

indeterminable at the date of the conclusion of the respective yielding contract is only lyctious

by means of agreement stipulating the new forms of use and its effects.

5-A transmission or early burdening of the patrimonial contents of the copyright

about future works by eventual or independent collaborators can only cover the

that the author comes to produce within the maximum period of two years.

Article 7 ºC

Sanctions

To the violation of the provisions of this Law relating to copyright is applicable the

sanctionatory regime established in the Code of Author and Rights Law

Related. "

Assembly of the Republic, January 18, 2007

The Deputies and the Deputies of the Left Bloc,