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

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

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PORTUGUESE COMMUNIST PARTY Parliamentary Group of Saint Benedict Palace-1249-068 Lisboa/Portugal-Telephone. 21 391 9201/2-Fax: 21 391 7432-email; draft law No. 333/X changes the status of Journalists by improving the legal protection of copyright and of the confidentiality of sources of information as we all know, with the presentation of a bill of the XVII constitutional Government is open a legislative procedure aimed at changing the status of Journalists approved by law No. 1/99 , of 13 January.

The PCP has an overall negative position on this Bill, I have already explained publicly, and shares the concerns already expressed by various entities that have spoken about this legislative initiative, and in particular by the journalists ' Union as an entity representative of workers whose status if you want to change.

In fact, the presentation of this initiative was followed by the announcement of the Government's intention, already implemented in the draft State budget for 2007, to extinguish the journalists ' Box, depriving this professional class of an important right to protection acquired disease for decades.

The Bill to amend the Statute of the journalists appears as another piece – perhaps the most important-a global offensive against journalists ' rights in order to further degrade the already extremely fragile conditions in which these professionals operate.

The Parliamentary Group of the CFP will assume their positions on the draft law of the Government, either globally, when you place your assessment in General, want step by step, in the specialty.

2 it is not for that purpose of the parliamentary group of the PCP, with the presentation of this initiative, respond globally to the Government proposal or replace the full status of journalists in force.

The present Bill aims to only contribute with concrete proposals for two very important matters that are under discussion: the protection of copyright of journalists against the improper reuse of their work and the protection of the right to secrecy about information sources.

In the first case, it is responding to a trend that has been imposed on the media sector, on behalf of the technological evolution, making the journalistic work in a kind of "product" that companies owning a myriad of media use within the respective corporate group when and where you see, being the journalist deprived of any protection as to the authorship of his work and to pay compensation for its reuse. In this, as in other matters, the adaptation to the new conditions of the market dictated by technological innovation, is made exclusively at the expense of workers ' rights.

On the question of legal protection of the right to confidential sources of information, it is important to take into account the fundamental nature of this protection as true touchstone of press freedom. There will be no investigative journalism never will be truly free press on the day that journalists live under the fear of having to reveal their sources of information. The relativization of this value in contrast to others, although obviously, carrying out the estimable Bill from the Government, is not protective enough of the right to confidentiality.

Thus, the Parliamentary Group of the PCP proposes to resume the status of Journalists the formulation adopted in law No. 62/79 of 20 September, which regulated precisely that matter.

In these terms, the Parliamentary Group of the CFP introduced the following Bill: 3 article 1 amendment to law No. 1/99, of 13 January Articles 7 and 11 of the law No. 1/99, of 13 January, are replaced by the following: ' article 7 (...) 1-(...) 2-(.) 3-journalists have the right to protection of the texts, images, sounds or designs arising from the exercise of freedom of expression and creation, whether they are produced for a journalistic company under a contract of work whether they are provided under a contract of service. 4-Are covered by the protection provided for in the preceding paragraph the original unpublished work, in possession of companies for which they were originally made or that they have obtained for the purposes of acquisition of businesses or estate of any third party.

Article 11 (...) 1-journalists have the right to refuse the revelation of their sources of information, their silence may not suffer any sanction, either directly or indirectly. 2-the directors and media companies may not disclose such sources when they have knowledge of them, unless express consent of the person concerned. 3-(eliminated) 4-(deleted)» article 2 addition to law No. 1/99, of 13 January the following articles shall be added to law No. 1/99, of 13 January: «article 7 – protection Regime the protection scheme on the journalistic work involves: a) prior authorization of any utilization of creations out of the media organ for which they were produced and their desktop publishing;

4 (b)) the integrity of the work, which may not be altered without the expressed permission of its author; c) the signature of the work; d) journalist school prevent a job your filed and disclosed however outdated within or outside the organ for which it was prepared, where its disclosure or deferred different context can induce a diverse interpretation of the original intention of its author and with risk to their honour and professional reputation; and) the possibility of the journalist to oppose a journalistic text can be used in a media that does not have the nature of media organ in legal terms; f) the right to compensation for the reuse of works outside of the body that were originally intended for, and its electronic edition.»

Article 7-(B) scope of protection are considered protected works pursuant to the code of copyright and related rights and in this Act, the intellectual creations of journalists by any way externalized, namely articles, interviews or news articles that are not limited to the dissemination of news or reports of various events with a simple information and translating their individual capacity of composition and expression.

Article 7-C additional Consideration to additional remuneration due for the reuse of works that have been authorised in accordance with the previous article, shall be established in the contract of employment or the provision of services.

Article 7-D prior information intended for re-use of journalistic works shall be communicated prior to the author so that it can exercise the protection scheme laid down in article 7.

5 article 7 – right to reuse 1 — the copyright on their creations gives journalists the right to reuse them outside the organ for which they were produced, namely in the form of book or anthology audio, video or digital form, as well as in exhibitions or other events. 2 — for the purposes of the preceding paragraph, the authors of printed images or drawings or television sounds are entitled to get free copies of professional quality companies.

Article 7-F null Clauses 1 — the standard contractual clauses are prohibited which, directly or indirectly, have about the content of the moral rights of the author, in particular: a) Delete or restrict the right of the journalist sign or do identify the works of his own, whatever the mode of communication to the public; b) Check to the entity for which the works are produced, or to third parties, the right to change the structure or the sense of the protected work, or to introduce any modifications to misunderstand or may affect the good name and reputation of the author. 2 — Are also prohibited contractual clauses: a) Establish indiscriminately shapes and their conditions of use, as so much of place and price, journalistic works protected by copyright or include operating modes not known at the time of conclusion of the contract; b) aiming to obtain the consent of the author for use in media, even if detained, indeterminate in whole or in part, by companies or forming part of the same economic group of those specifically identified in the contract as benefiting the works protected by copyright; c) aiming to obtain the consent of the author for the communication to the public of protected works in any medium, including digital, that is not specifically provided for in the contract;

6 d) Devote the early provision of copyright on the works that this will produce for a period exceeding two years, or exclude the possibility of revision of the provisions concerning the right of author ended this period; and Exclude the right to) pay special, beyond the agreed, and regardless of their publication, where intellectual creation clearly exceeds the performance, though zealous, the function that the perpetrator was entrusted, or when the work benefits provided for in withdrawal of fixing the agreed remuneration; f) Exclude the right to obtain additional compensation, urn to focus on the results of the farm, where there is serious injury and liabilities by manifest disproportion between the author's proceeds and the profits obtained by the beneficiaries of transmission originating or derived, from the right to exploit on the protected work.

Article 7 – G sanctions Regime to infringement of copyright provided for in this Law shall apply the sanctions regime established in the code of copyright and related rights infringements of identical nature.»

Assembly of the Republic, December 2006 15 Members,