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

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

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1 Group Bill No. 342/X Changes the status of the explanatory memorandum: Are of various kinds the challenges and risks of new type that faces the profession of journalists at the beginning of the 21st century. The dazzling and dizzying technological revolution in all media known and the revival and rapid implementation of new media for this purpose, the enormous volume of capital involved in investments for your exploration and resulting profits, the private ownership of these very quickly by means of large financial groups where is concentrating increasingly on a global scale, an oligopolistic control of the media in all its modalities, all of it combining, in today's world, with the extraordinary power of influence, socialization and handling the media acquire, configure a substantially new situation for the professional exercise of written journalism, television or radio. Where the wide prospects of open innovation are only comparable to the size of the new and old dangers that may lurk free journalism, respected fundamental rights and respectful of the deontological duty and the legal profession in a State of law.

On origin of free expression and safeguarding a true pluralism in the media in the context of the new conditions of capitalist globalisation of the media lies, after all, to guarantee that freedom of expression and the rule of law if it will turn into a game of shadows appearance largely emptied of content.

2 that is why, in the understanding of the Left block, very timely, and even urgent, to review the status of journalists (Act No. 1/99, of 13 January) in order to adapt it to new circumstances, politics and economic techniques of exercise of the profession and, with regard to this project, the aspects that we consider essential to protect your practice in real conditions of pluralism , freedom of expression and professional rights of journalists.

Therefore, the draft law that now presents itself, intends to clarify or surround yourself with new guarantees and development aspects relating to the definition of who is a journalist (article 1), incompatibilities (article 1, paragraph 3 and article 3), access to the profession (articles 1 and 5), the statement of duties (article 6), the combination of freedom of creation, expression and dissemination (article 7) the right of access to official source or places open to the public (articles 8 and 9), the extension of the right to participation (article 13) and the statement of duties in a sense, at the same time, safeguarding the conscience clause of journalists and strengthening the rights and dignity of the people and the general public interest (article 14). In all these areas were carefully considered the proposals of the representative bodies of professional interests directly involved, namely the Union of Journalists.

But the proposed law of the left bloc gives special importance to three aspects particularly sensitive the status of journalists, for which the draft law presented by the Government shows a lot of affecting the rights of journalists. Namely: 1) the protection of professional secrecy of journalists, without ambiguities that may lead to forms of arbitrariness in the break of a your fundamental duty.

2) the clarification of the independence of journalists and the conscience clause in order to ensure the effective guarantee of your professional autonomy and not vulnerabilização of your punishment as dependent workers.

3 3) the consecration of copyright rights of journalists against the esbulho on the part of companies and media groups, refusing re-use on the part of all your work in any of the organs that have, by establishing de facto replaced by schemes only the group with the predictable consequences for the strengthening of pluralism, on misinformation and employment of professionals (articles 2 , 7 A and 7 B).

Finally, the Left block has serious reservations about the assignment of disciplinary powers to the Commission of journalists ' professional card, especially when extending the power to decide on this matter the journalists not nominated by their peers but by patronage, in clear denial of the principle of self-regulation, guidance, followed by the Government's proposal. So even if you know that the change of status of journalists does not seem to be the appropriate headquarters to the consecration of a disciplinary regime for journalists-that in itself disputed-or the updating of the administrative regime.

Thus, and in accordance with applicable rules and constitutional, the Parliamentary Group of the left bloc presents the following draft law: article 1 amendment to law No. 1/99, of 13 January articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 and 14 of Act No. 1/99, of 13 January, are replaced by the following : "article 1 (...)

1-there shall be regarded as journalists, as main occupation, permanent and paid, with editorial autonomy search functions, collection, sorting and treatment of facts, news or reviews, through text, image or sound, intended for disclosure, with informational purposes, by the press, by radio, news agency, television or any other electronic means of dissemination. 4 2 - (…). 3-Keep the quality of the professional journalists that, after ten years of activities, engaged in main occupation regime for research, training or teaching in the field of journalism or communication sciences and not incur any situation of incompatibility laid down in article 3. 4-exceptionally, can still be journalists citizens in full enjoyment of their civil rights, which require within one year after the entry into force of this Act, and proving, to the journalist's Professional portfolio: a) have exercised a journalistic activity for a period of not less than six years, particularly as local correspondents or contributors of the media; b) have exercised the duties of director of periodical publication of General information as deemed by the minimum period of ten years; c) have acquired the specific skills of the profession through the evaluation of journalistic work for you prepared and presented as a permanent contributor, having exercised the activity for a period of not less than six years.

Article 2 (...)

Unable to exercise the profession of journalist citizens of legal age, in full enjoyment of their civil rights and who have successfully completed the training course referred to in article 5.

Article 3 (...)

1 - (…). a) (…); b) (…); c) (…); 5 d) (...); and as holders of) organs of sovereignty or other political office, as identified in paragraph 1 (a)), b), c), e) and g) of paragraph 2 of article 1 of law No. 64/93, of 26 August, as amended by laws No. 39-B/94, of December 27, n. º 28/95, 18 August , no. 42/96, of 31 August and no. 12/98, of 24 February, except for the Assembly of the Republic and of deputies to the Regional Legislative Assemblies. 2 - (…). 3 - (…). 4 - (…). 5-After ceasing the mismatch, the reporter blocked for a period of six months, to exercise your journalistic activity in the areas in which he has worked and that are incompatible with the profession of journalist.

Article 4 (...)

1 - (…). 2 - (…). 3-companies can hire to provide services to foreign journalists to its journalistic pictures, since in each issue the set of these services does not exceed 5% of your journalistic content. 4-once the respective stage of entry into the profession, journalists can opt for self-employment scheme, since to prove, through annual income statement, that is journalism to your predominant activity.

Article 5 (...)

1-the profession of journalist starts with an internship required to complete successfully, with a duration of 24 months, being reduced to 18 months in case of license with higher education or professional training course of journalism or the 12 6 months in case of degree in the area of social communication or equivalent course qualification recognised by the Commission of the Professional Portfolio of Journalist. 2-stage referred to in the preceding paragraph is carried out under contract of work, during which the trainee is integrated in the structure of the drafting of an informative organ, and in the various sections of the wording in order to obtain the actual knowledge of journalistic activity. 3-in the first 15 days of the initiation of the stage, the director of information of the media informs the editorial Council and Commission professional Journalist portfolio admission of trainee and the name of their supervisor. 4-is an indispensable condition for the award of professional journalist portfolio completion with use of the stage referred to in the preceding paragraphs, subject to evaluation by a jury integrated by the director of information, by the supervisor of the stage and a member of the Editorial Board or, in the absence of this body, by a journalist to co-opt for those and the evaluated. 5-the duration of the training course referred to in paragraph 1 will be reduced to six months by a license with a professional training course with the duration of 400 hours for applicants licensed in journalism and 700 hours for the remaining cases. 6-access conditions, the minimum compulsory content of course referred to in the preceding paragraph, including the monitoring of the trainee and the assessment are regulated by ministerial order of members of the Government responsible for the areas of employment and social communication, acting on a proposal from the Committee on Professional Portfolio of Journalist and the most representative trade union organization heard from journalists. 7-For the calculation of professional journalists antiquity is counted the time of the internship.

Article 6 (...)

a) (…); b) (…); c) (…); d) (…); 7 e) (...); f) the right to participate in the election of the Committee on Professional Portfolio of Journalist, to access your activity reports and consultation in the drafting of the disciplinary regulations.

Article 7 (...)

1-the freedom of creation, expression and dissemination of journalists is not subject to impediments or discrimination or subject to any type or form of censorship, nor any economic constraints, in particular in relation to the power of the shareholders of the company or of 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 administrative documents in accordance with the provisions of the preceding paragraph, the person concerned may request the intervention of the regulatory authority for the media, with the deliberation of the urgent nature and binding and incurring in crime of disobedience who don't comply.

8 article 9 right of access to places open to the public 1-(...). 2-the provisions of the preceding paragraph apply to places not accessible to the public, are open to the media. 3 - (…). 4 - (…).

Article 11 (...)

1-Without prejudice to the provisions of this article and in the criminal procedure law, journalists are not required to reveal their sources of information, not the silence your liable to any sanction, direct or indirect. 2-the revelation of information sources can only be ordered by the Court, as provided for in the criminal procedure law, when necessary for investigation of malicious crimes against life and physical integrity, as well as for the investigation of serious offences against State security or serious cases of organized crime, provided that the Court show that the breach of confidentiality is fundamental to the discovery of truth and that their information could not be obtained in any other way. 3-the journalist must be previously informed of the full extent of their rights, in particular with regard to the non-disclosure of sources when called to testify before a judicial authority or police body, under penalty of nullity of the Act. 4-in the case of being ordered to revelation of sources in accordance with paragraph 2, the Court shall specify the scope of the facts on which the journalist is forced to testify, and the provision of testimony over excluding advertising, getting the gifts in the Act required the secret on the entire contents of the same. 5-the directors of information media and administrators or managers of their proprietary entities, as well as any person who performs functions in them, may not, except with the written permission of the journalist involved, disclose their sources of information, including text, sound journalistic files 9 or image of the companies, invoicing or mobile phones phones, detailed or any documents likely to the reveal. 7-(previous paragraph 4.) 6-the search in the media, or location in which the journalist proven exercise your professional activity, as well as the seizure of material for these used in the practice of the profession, can only be issued or authorised by the judge, who presides in person the diligence, and must meet the requirements of paragraph 2 of this article.

Article 12 (...)

1 - (…). 2-journalists have the right to refuse any orders or instructions to focus on editorial matters emanating from person who does not exercise management functions in accordance on the sector of information are assigned. 3-journalists who perform functions in the same hierarchical structure editor can make changes of journalistic works produced by their subordinates, journalists exclusively dictated by need of scaling or linguistic correction, since their authors are not in a position to carry out such checks, but lawful to their authors refuse your membership name to a journalistic piece whose final version if you don't recognize or didn't deserve to your agreement. 4-the publication or dissemination of the work of journalists, even if it is not protected by copyright, other than media organ in whose drafting exercise functions, even if detained by the company or corporation that are contractually bound, depends always of prior consent and must be of exceptional character. 5-In case of deep change in the guideline or the nature of the media, confirmed by the regulatory authority for the media at the request of the journalist, submitted within 60 days after the date of the constituent elements of the modification, this may make the working relationship with just cause, being entitled to compensation corresponding to 3 10 months of salary for each full year of service calculated according to the average salary of the last twelve months, and not less than three months. 6-the right to termination of the employment contract as referred to in paragraph 1 must be exercised, under penalty of forfeiture, within 30 days following the notification of the decision of the regulatory authority for the media, which should be taken within a period of thirty days after the request of the journalist. 7-If the regulatory authority does not commit the change invoked by the journalist, this cannot be the subject of any disciplinary measure.

Article 13 (...)

1 - (…). 2-in the media, with five or more journalists, as well as in the regional representations with editorial autonomy with the same number of professionals, these elect a Council, by secret ballot and in accordance with regulation approved by you. 3-(...) 4-(...): a) cooperate with the Board in the exercise of the functions of editorial guidance to this under, inter alia, by issuing recommendations and opinions; b) decide on the admission and progression of professional journalists; c) rule be tied on the prior designation or removal of journalists with direction and leadership; d) give advice on drawing up binding and changes to the editorial status; e) participate in the drafting of codes of conduct which may be adopted by the organs of information and comment on the final version with your opinion; f) comment, in order, on the conformity of binding written or advertising images with the editorial guidance of social communication; g) rule, through prior opinion and binding, on the intention of the director of denial of the right of reply; h) comment on the invocation by journalists of the rights and obligations provided for in paragraphs 1 to 3 of article 12; 11 i) give its opinion on ethical considerations or other relating to the activity of the wording, both collective as individual in nature, through assessments and recommendations; j) give an opinion on the disciplinary responsibility of professional journalists, in particular in consideration of just cause for dismissal, within five days from the date on which the case is remitted; l) comment about the disciplinary liability in cases opened by the professional Journalist Portfolio for journalists belonging to the editorial body of the respective organ of information and other journalists that have provided services and by virtue of these.

Article 14 (...)

1-(previous article body): a) (...); b) Respect the orientation and the objectives defined in the editorial status of the media to work, except as provided as for the conscience clause; c) (…); d) (…); and Not discriminate negatively people), namely on the basis of color, race, religion, nationality or gender; f) refrain from collecting and disseminating statements or images that offend the dignity of persons; g) respect the privacy according to the nature of the case and the condition of the people, as well as preserve the privacy; h) (…); I) not collect images and sounds with the unauthorized resources unless there is a necessity for the safety of persons involved or the public interest so warrants; j) provide your identification as a journalist, unless the concealment or falsification of same is dictated by reason of strong public interest; 12 l) Respect the creations of others, showing how their, as well as the related copyrights, when applicable. 2-No employment relationship can provide for any disciplinary measures, with regard to the obligations laid down in this article, apart from possibly established by specific legislation applicable to the sector. "

Article 2 Amendment to law No. 1/99, of 13 January the following articles shall be added to law No. 1/99, of 13 January: "article 5 training without prejudice to the provisions laid down in the labour code and the collective labour regulation instruments applicable, journalists have the right to attend, during normal working and up to a maximum of 50 hours over a period of two years training taught by certified entities.

Article 7 the copyright 1-Consider work, as such, the creations of the journalists that are not limited to the mere dissemination of news or information, and you have your individual nature of creation and expression. 2-the works mentioned in the preceding paragraph shall enjoy the protection of this law, as well as that provided for in the code of copyright and related rights. 3-journalists have the right to sign, or to do identify with their professional name, such as constant in Professional Portfolio Committee of the journalist, the works of your own, individual or collective, as well as the right to claim any time your authorship, in particular for the purposes of recognition of their copyright or any other rights applicable.

13 article 7 B commitments and compensation 1-journalists engaged in the activity in your execution of a contract of employment, are entitled to a remuneration for the use of their autonomous works protected by copyright, which shall contain expressly contract concluded for that purpose or through collective labour Convention, being null and void any clause works in providing contract of employment. 2-the authorisation for any communication to the public of intellectual creations of the employed journalists, or transmission, in whole or in part, of their economic rights, copyright, contract must be laid down expressly concluded for that purpose or through collective labour Convention, containing the faculties concerned and the conditions of time, place and price applicable to your use. 3-the preceding paragraphs shall also apply to any use of the work of journalists in the media and their electronic sites, held by the company or corporation that they are contractually bound, being void any provision to the contrary. 4-the use of journalistic works through operating modes indetermináveis or nonexistent at the time of conclusion of the contract of assignment is only permitted by agreement stipulating the new forms of use and its effects. 5-the transfer or encumbrance of assets of the right content early author on future works or independent staff can only be that the author comes to produce within two years.

Article 7 (C) Penalties for breach of the provisions of this law relating to copyright shall apply the sanctions regime established in the code of copyright and related rights. "

Assembly of the Republic, January 18 2007 MEPs and the Members of the left-wing Block