Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449784e5331594c6d527659773d3d&fich=ppl215-X.doc&Inline=false
1 PROPOSAL of law No. 215/X 210/2005 PL 2008.06.19 explanatory memorandum on the constitutional framework for the protection of the freedom of the press, it is imperative to ensure the independence of the State media before the political and economic power and prevent the concentration of companies holding media. Determines the text still crucial that the law ensures, with generic nature, disclosure of ownership and financing of media media (paragraphs 3 and 4 of article 38 and article 2(b)) and c) of paragraph 1 of article 39 of the Constitution of the Portuguese Republic). Also the program of the XVII constitutional Government acknowledges that "In no event shall freedom of information can be hostage to political or economic interests. The concentration of ownership of the media may call into question the pluralism and independence of the public service ". The need for legislative intervention in this matter, the Government took the commitment to "establish limits to horizontal, vertical and media concentration", although "without prejudice to the desirable existence of Portuguese media groups to better face the challenges of globalization and the modernization of the sector, for both necessary to confer" a relevant role the media regulatory authority in the definition of significant market situations and the determination of safeguards to be applied in such cases. In this framework, this draft law, noting that the media segment, fundamental to the functioning of democracy, is not a purely economic market, lacking an autonomous and complementary legislative approach with regard to the laws of competition, takes over as central objective the protection and promotion of pluralism of expression and media independence in the face of political and economic power.
2 to this end, and in order to ensure transparency of media ownership, are enhanced publicity obligations of your ownership and provided specific information obligations with regard to the detention of qualifying holdings-here considered as representing the holding of 5% or more of the capital or of the voting rights in the company held. Thus, in addition to imposing any companies which pursue social communication activities to information subsequent to the regulatory authority for the media (ERC) of the content of the registration acts concerning your entitlement, carried out with the competent authorities, the obligation to publish the annual list of holders and holders of shares, including the identification of the entire chain of entities who should be allocated a qualifying holding. In the same sense, and as happens as companies with the capital open to public investment, it is proposed that holders of qualifying holdings in companies which pursue social communication activities inform the ERC when exceeding certain levels of participation, or when to reduce their shareholdings below such levels. In the field of subjective character restrictions for media activities, prevents, for the first time, outside the framework of the provision of public service radio or television, or by agencies of informational services of public interest, the State, the autonomous regions, local authorities and their associations, as well as the other public entities continue directly or through State or regional public companies, municipal companies, or inter-municipal utility, social communication activities. This restriction is imposed, allowing these entities hold the media institutional or scientific in nature, having regard to the provisions of the applicable sectoral legislation.
3 For your shift, parties or political associations, trade unions, employers or professionals, as well as professional public associations may not engage in or Fund, directly or indirectly, activities, and may, however, hold or support media that are doctrinal, institutional or scientific nature. Already the State, the autonomous regions, local authorities and their associations, as well as other public authorities can support the media since respected the principles of publicity, objectivity and non-discrimination. The only restrictions on the property of objective nature provided for in this draft law concern the prevention of horizontal mergers in radio or television markets. So, on the one hand, any natural or legal person may exercise dominion over more than one radio operator, or on more than one television operator, responsible for the Organization of licensed programs or services authorized for the same coverage area. On the other hand, any natural or legal person may hold, directly or indirectly, a number of licenses to radio programs or tv services locally in excess of 30% of the total number of allowances in the whole national territory. The ERC ensure non-concentration of media ownership, your independence in the face of political and economic power and the possibility of expression and confrontation of different opinions (article 39 of the Constitution). To this end, it is «participate, in conjunction with the competition authority, in determining economically relevant markets in the media sector; decide, in accordance with the law, on the acquisition of property or consultation practices of entities which pursue social communication activities; proceed to the identification of the powers of influence on public opinion, from the perspective of the protection of pluralism and diversity, and can take the necessary steps to safeguard your;» (paragraph 1 (a)), p) and q) of paragraph 3 of article 24 of the Statute of the ERC approved by law No. 53/2005, of 8 November).
To that end, objective of this Bill clarify, on the one hand, the form of articulation of the media regulator with the competition regulator, and determine, on the other, how can intervene autonomously for the exercise of such powers. So, being the ERC's intervention, through opinion, within the scope of substances liable to intervention by the competition authority involving media companies, in particular, on the assessment of prohibited practices or in the control of concentrations, it should focus on the assessment of your impact on pluralism and the independence of their respective means. For both, the ERC should not only carry out the compliance by companies of their legal obligations with regard to pluralism and independence, how to consider, according to the geographical area and the characteristics of the products or services of media there provided, a set of indicators capable of measuring legal risk of concentration, or a practice prohibited When justifiable, for pluralism or independence. In case of identification of such risk, and only in this case, the opinion of the ERC will be binding. The ERC can, in addition to intervene as by-catch, with a view to defending pluralism and independence in evaluation of practices or relevant operations for the purpose of competition, find out independently exercising, on the part of the media, powers of influence on public opinion. It is not a question now of gauge the risk that certain abusive practices, mergers or acquisitions may throw on the pluralism and independence of the media, but rather to consider the consequences of possible concentration of hearings around a single communications group.
5 the media regulator's intervention is here, once again, perfectly marked: after registering, according to measuring instruments recognized in the Middle, to obtain, for the same company, and over a period of six months, circulation or audience shares equal to or greater than 50% in a given reference universe (strictly, the universe of periodic publications reference general information nationwide, and the universes of reference services of radio or television programs, generalists and informative thematic, national and regional), or greater than or equal to 30% in more than one of these universes, the ERC begins a fact-finding procedure. This may comprise, in summary, three phases: a) notification of company to demonstrate, wanting, based on indicators, and notwithstanding the aforementioned quotas, the absence of danger for pluralism or independence; b) notification of the company to present, trying to fill the proposed indicators of pluralism and independence whose absence has been noted by the regulatory authority and your shape implementation; c) safeguard measures of the pluralism and independence laid down in the law, such as the prohibition of acquisition of new media or the ban on applying new titles for enabling radio or television activities. Autonomous intervention of ERC in defense of pluralism and independence thus relies on two fundamental ideas: participation, since it assumes the collaboration of media operators in obtaining an adequate solution to the detected risk; and respect for property rights and private initiative, since at no time required the divestiture of shares or assets to satisfy the requirements of pluralism and independence in the media.
6 informative independence, resumed and are now the fundamental principles already shed the status of the journalist: the orientation of the media must be defined in a generic way by editorial status, getting sealed the intervention or intrusion of person who does not exercise managerial position or direction in the area of information in the contents of the informative nature of the body or in the form of your presentation. Finally, recognizing that the high level of non-mutation pities with dogmatic establishment of concrete limits to the concentration of the media, and knowing that the European Commission recently launched a study on indicators of pluralism that can have an impact in this area, it is proposed to express a standard forecast that, without prejudice to the legislative changes that are justified , imposes a weighting, to three years, on the need for revision of the proposed legal regime. Were heard the Government organs of the autonomous regions, the National Association of Portuguese municipalities, the National Association of Parishes, the regulatory authority for the media, the journalists ' Union and the Portuguese Confederation of Social media. 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 and purpose
7 1-this law promotes pluralism, independence vis-à-vis the political and economic power, the disclosure of ownership and concentration in the media. 2-the legal regime established in this law shall not affect: a) the application of the legal regime of competition, particularly in the field of control of concentrations, of agreements or concerted practices between undertakings, abuse of a dominant position, abuse of economic dependence and State aid, the competition regulatory authority; b) application of the legal framework for electronic communications networks and services, including imposition of regulatory duties for the communications regulatory authority, following relevant markets analysis procedures; c) the application of the system of transparency of holdings of companies with the capital open to public investment, particularly with regard to the duties of communication provided for in the securities code; d) verification, at any time, by the regulatory authority for the media (ERC), the fulfilment of the obligations of pluralism and independence of the media themselves of public service, laid down in the relevant legal regime; and) the ERC procedures, within the limits of their jurisdiction and in accordance with their respective statutes, with a view to the promotion and defence of pluralism. Article 2 Definitions 1-for the purposes of this law: (a)) ' companies that pursue social communication activities, entities that provide public periodicals on a regular basis, services of radio programs, television programs or other services contents 8 editorial treatment and organized as a coherent whole, so free or against payment, regardless of the distribution or dissemination medium used , or a set of such entities when, though legally distinct, constitute an economic unit or keep each other ties of interdependence or subordination; b) «media doctrinal in nature», those aimed at predominantly disclose any ideology or religious creed; c) «media institutional in nature, those predominantly aimed at disseminating the activities of any legal persons, when pursued by these or under your responsibility, without advertising purposes; d) «the media of scientific nature», those who predominantly aimed at disseminating research and scientific studies or academics, as well as those which are intended mainly to education and dissemination of manifest interest in matters scientific, technological or cultural area; and ' Domain ') the relationship between a natural or legal person and an undertaking when, regardless of the domicile or headquarters is located in Portugal or abroad, that can put on this, directly or indirectly, a dominant influence. Considered domain exists when a natural or legal person: i) Holds a majority stake in the share capital or a majority of voting rights; II) may exercise the majority of the voting rights, in terms of shareholders agreement; or iii) Can appoint or dismiss a majority of the holders of the administrative or supervisory body. f) ' qualifying holding ' means a holding, directly or indirectly, alone or jointly, 9 5% or more of the capital or of the voting rights of the entity reported. 2-for the calculation of qualifying holdings, are considered the voting rights: a) Directly held by the participant; b) held by the participant by way of enjoyment; c) Held by third parties in his own name but on behalf of the participant; d) held by that society with the participant is in a domain or group relationship; and) held by holders of voting rights with which the participant has concluded agreement for your exercise, unless the same agreement is bound to follow instructions of a third party; f) held by members of its administrative or supervisory organs, when the participant is a legal person; g) that the participant may acquire, by virtue of agreement already concluded with the respective holders; h) inherent in participations in guarantee by the participant or by this administered or deposited before, if the voting rights they have been allocated; I) held by holders of voting rights that have conferred upon the participant to exercise your discretion; j) held by people who have concluded a deal with the end aimed at acquiring the domain of society or frustrate the domain change or otherwise, constitutes an instrument of concerted exercise of influence over the company held; l) attributable to any of the persons referred to in one of the above by applying, mutatis mutandis, to any of the other constant criterion points.
10 3-For verification of the existence of domain, are considered, mutatis mutandis, the voting rights referred to in the various subparagraphs of paragraph 1. 4-for the purposes of paragraph j) of paragraph 2, it is assumed to be an instrument of concerted exercise of influence the agreements concerning transferability of the shares representing the share capital of the company held, subject to proof to the ERC, that the relationship established with the participant is independent of the actual or potential influence on the company held. Article 3 scope of application 1-Are subject to the rules laid down in this law firms pursuing social media activities and holders of shares in these companies, namely: the) news agencies; b) natural or legal persons who edit periodical publications regardless of distribution support using;
c) operators of radio and television services to broadcast programs or additional content providing, under your editorial responsibility, by any means, including by electronic means; d) natural or legal persons who make available to the public through electronic communications networks, services of radio or television programmes, insofar as they fit to decide on your selection and aggregation; e) natural or legal persons who make available regularly to the public through electronic communications networks, content submitted to
11 editorial treatment and organized as a coherent whole; f) The holding companies in any one of the entities referred to in points (a))). 2-are not subject to the rules laid down in this law the entities referred to in point (f)) of the preceding paragraph when the shares held by you resulting from: a) First purchase from special insolvency process, for a maximum period of three years; b) acquisition resulting from special inventory process, when those are the only assets inventoried and the heir is not direct or indirect holder of other means of social communication; c) delivery by third party, by way of guarantee of any obligations, when they have not been granted voting rights or discretionary powers for your exercise. 3-except as provided in article 13, the arrangements provided for in this law shall not apply to media of doctrinal, institutional or scientific nature.
CHAPTER II Disclosure of ownership article 4 compulsory actions Nominatividade shares representing the share capital of companies holding media are obligatorily nominative. Article 5 public disclosure of ownership 1-the relationship of the holders and holders of shares in the share capital of companies operating in 12 social communication activities, discrimination of the respective percentages of participation, as well as an indication of the media that those belong, is published annually in six months after the end of the fiscal year, in the appropriate place on the electronic site and electronic ERC. 2-the holders and owners mentioned in the preceding paragraph shall identify the entire chain of entities who should be allocated a qualifying holding pursuant to paragraph 2 of article 2, including holders and holders of interests in holding companies. 3-companies which pursue social communication activities must also, annually, to make public the report of management and the balance sheet and the income statement, within six months after the end of the fiscal year, in its place, without prejudice to the fulfilment of shorter time limits that are legally required.
Article 6 Obligation of subsequent communication 1-all registais acts relating to the ownership of companies operating in social communication activities shall be subject to subsequent communication to the ERC which should include information about: the) identification of and its complete characteristics, in particular the rights especially included or excluded and the nominal value or percentage; b) identification of the holder and, in the case of co-ownership, of the common representative; c) identification of the applicant of the Registration Act; d) identification of the beneficiary of the Registration Act;
13 and) the description of the facts which consubstanciaram a duty to subject to registration, in particular, the creation, modification or extinction of property rights, usufruct, Lien, attachment, seizure or any legal situation affecting the shareholdings or the bringing of legal action or arbitration relating to registered rights or his own record as well as their decisions. 2-the ERC approves the subsequent communication model for the purposes of the preceding paragraph. Article 7 special duties 1 information-Who reaches or exceeds 5%, 10%, 20%, 1/3, 50%, 2/3 and 90% of the capital or of the voting rights of undertakings which pursue social communication activities, and who reduce your participation to less than any of those limits, must, within seven working days as of the occurrence of the fact : a) inform the ERC and the entity reported; b) inform the entities referred to in the preceding paragraph of the situations that determine the attribution to the end of the voting rights, in accordance with paragraph 2 of article 2 2-communication pursuant to paragraph 1 shall include: a) the identification of the entire chain of entities to whom the qualifying holding is allocated in accordance with paragraph 2 of article 2; b) the proportion of the voting rights attributable to the holder of a qualified participation, the percentage of share capital and number of shares. 3-the duty to identify the allocation chain binds any entity holding 14 qualifying holdings in companies which pursue social communication activities in Portuguese territory, regardless of your subject to foreign law. 4-If the duty of communication is more than one participant, can be made a single communication whereby the rest, to the extent that that respect all requirements required. 5-in the case of limited liability companies, partnership or limited partnership is only waived the communication provided for in this article owned entity. 6-holders of qualifying holdings in companies which pursue social communication activities subject to Portuguese law must provide to the ERC at its request with information on the origin of the funds used in purchase or in the strengthening of that participation.
Article 8 Disclosure 1-owned entity shall, within three working days, publish the information received in accordance with paragraph 1 of the preceding article, in its electronic site. 2-the ERC shall also the publication of the information referred to in paragraph 1 of the preceding article in your site. 3-the entity held and holders of their governing bodies must inform the ERC when they have knowledge or evidence of non-compliance with the obligations based on information provided for in the preceding article. 4-in the case of limited liability companies, partnership or limited partnership, is dismissed the publication provided for in paragraph 1. Article 9
lack of transparency 1-15 in the absence of communication provided for in article 7, in case this does not identify all the entities to whom the qualified participation should be allocated or, in any case, there are reasonable doubts about the identity of the persons who can be allocated voting rights in respect of a qualifying holding, or about the fulfilment of the duties of communication cabal the ERC notifies that interested parties, the management and supervisory bodies and the Chairman of the general meeting of the company that pursues social communication activities. 2-up to 30 working days after the notification, can the interested present evidence intended to clarify the points raised in the notification of the ERC, or take measures to ensure the transparency of ownership of qualifying holdings.
3-If the elements adduced or measures taken by interested don't put an end to the situation, the ERC advertises the lack of transparency regarding ownership of qualifying holdings in question, in particular on one of the front pages of two papers of General information and nationwide, in easy-to-read body and normally used for text news reports, without prejudice to due process against-ordenacional. 4-in the case of companies open to public investment, the publicity referred to in the preceding paragraph is preceded by hearing of the securities market Commission. Article 10 shareholders ' agreements 16 1-The shareholder agreements designed to acquire, maintain or strengthen a qualifying holding in a company which pursues social communication activities are communicated to the ERC, within three business days after your celebration. 2-the ERC may publish or ordering the publication, by the persons who are parties to, the full text or excerpts of the aforementioned shareholders ' agreements, depending on the degree of confidentiality of the information contained therein, to the extent that these are relevant for the purposes of disclosure of ownership and financing of media media. 3-social decisions taken on the basis of votes cast in execution of agreements not reported or not published in accordance with the provisions of the preceding paragraphs are null and void, unless it is proved that the resolution would have been adopted without those votes.
Article 11 obligations Extension provided for in this Chapter are applicable, mutatis mutandis, to persons in a non-corporate, including associations, cooperatives or foundations, pursuing social media activities. Chapter III of the business article 12 principle of specialty companies that pursue social communication activities consisting in the organisation of services of general programmes, thematic newsletters or in periodicals of General information are prime object the exercise of those activities. Article 13 access restrictions 17 1-social communication activities cannot be carried out or financed directly or indirectly by: a) parties or political associations; b) unions, employers or professionals; c) public associations professionals. 2-the restrictions set out in the preceding paragraph shall not prevent the entities on it referred to being the holders or assist the media of doctrinal, institutional or scientific nature, taking into account the provisions laid down in sectoral legislation.
3-the State, the autonomous regions, local authorities and their associations, or other public bodies cannot proceed directly or through State or regional public companies, municipal companies, intercity or metropolitan media activities. 4-the exception to the provisions of the preceding paragraph the continuation of social communication activities, in accordance with constitutional, through: a) Entities designated for the provision of public service television broadcasting; b) Entities entitled to provide public radio service; c) Entities holding agencies providing services in the public interest. 5-the restriction provided for in paragraph 3 does not prevent entities referred to therein to be holders of media of institutional or scientific nature, taking into account the provisions laid down in sectoral legislation. 6-the granting of public aid the media must comply with the principles of publicity, objectivity and non-discrimination.
18 article 14 conditions for licensing 1-the principles of pluralism, diversity and concentration in the media should be especially considered, taking into account the characteristics of each market, to identify the conditions of admission and of graduation criteria applying to public tenders for the award of licenses for radio and television activities In addition to those provided for in sectoral legislation, in particular: a) in competitions for the award of licences for the service organization of television programmes; b) In competitions for the award of licences for the selection and aggregation of television services; c) In competitions for the award of licenses for the Organization of services of radio programs. 2-In any case, any natural or legal person may hold, directly or indirectly: a) A number of licenses television services locally in excess of 30% of the total number of licenses assigned throughout the national territory; (b)) A number of radio programs services licenses locally exceeding 30% of the total number of allowances in the whole national territory. CHAPTER IV non-concentration section I General provisions article 15 prohibition of 19 1 domain-Any natural or legal person may exercise dominion over more than a television operator responsible for program services, licensed or authorized for the same coverage area. 2-Any natural or legal person may exercise dominion over more than a radio operator responsible for program services, licensed or authorized for the same coverage area.
3-Without prejudice to the corresponding violation process, are void the legal transactions concluded in violation of the preceding paragraphs. Article 16 Independence companies undertaking the legal distribution, without exclusive character, publications or services of programmes are necessarily legal persons other than those who are holders of the goods or services for you. Article 17 concerning the distribution Limits 1-it is prohibited to abuse of a dominant position on the market in the distribution of products or services provided by companies which pursue social communication activities, as well as any agreements or concerted practices which have as a result prevent or impede so unwarranted, the access of competing products or services to the same distribution networks , or competing distributors access to these products or services, in accordance with the legal regime of 20 competition. 2-the ERC notifies the competition regulatory authority when, within the framework of its tasks, check, ex officio or at the request of any party concerned, there are indications of the occurrence of the conduct referred to in the preceding paragraph, to which this authority start the appropriate procedure.
Section II of the ERC's intervention under article 18 Opinion binding competition 1-The competition regulatory authority decisions concerning matters within your jurisdiction involving companies operating in social communication activities are subject to a prior opinion of the ERC, which is binding only when check exist founded risk for pluralism or to independence in the face of political or economic power. 2-for the purposes of the preceding paragraph, the ERC shall verify the compliance with the legal requirements, where applicable, of pluralism and independence by the undertakings concerned, in particular: a) existence of expression and confrontation of different opinions; b) respect for the right of establishment of editorial boards or other legitimate ways of speech of journalists in its editorial orientation; c) existence of safeguards of the independence of journalists and directors; d) respect for the exercise of the right of reply or rectification.
21 3-for the purposes of gauging the risk referred to in paragraph 1, the ERC shall, according to the geographical area and the characteristics of the products or services of media there provided, verification of the following indicators, without prejudice that may be adopted by the Community law: the) Existence of different media, owned by different companies or business groups;
b) diversity of editorial guidelines of the different media; c) provision of access to distribution networks to different media; d) availability of services, publications or other content subject to editorial treatment to the various distribution networks; and) accessibility of sources of funding, notably through advertising revenues, to the different media; f) accessibility of the job market for journalists. 4-the ERC may also, for gauging risk for pluralism or for independence to the political or economic power, taking into account geographical areas and related to products or services considered in accordance with the provisions of the preceding paragraph, if the links between them allow a company to increase, by leveraging the power of your influence. 5-Besides and still for the purposes referred to in paragraphs 2 to 4, the ERC may take into account the background of the undertakings concerned, in terms of respect for pluralism and of maintaining independence in the face of political and economic power. 6-the prior opinion is delivered within 30 working days from the date of notification to the ERC to be presumed. 7-the period referred to in the preceding paragraphs is automatically suspended for a maximum period of 15 working days where the ERC notify the interested party or any other 22 entities for providing information, documents or opinions. 8-The deadlines for the competition regulatory authority, as established in the legal framework of the competition, will automatically be suspended from the date of submission of the request for an opinion that the ERC authority, up to the date of receipt of the opinion of this entity or, in your absence, until the date of expiry of their term.
Section III of the autonomous intervention of ERC article 19 Universes of reference 1-for the purposes of identification of powers of influence on public opinion, are set as reference: universes) periodicals of General information nationwide; b) radio programs service generalists and informative themed regional and national; c) services of General and thematic information programmes of regional and national. 2-The audiences of radio and television programmes services locally, to the extent that they proceed through the frequencies assigned to them, the mere retransmission of other services of national or regional programmes, are, when measured, counted audiences of these program services in their respective universes of reference. Article 20 Inquiry powers of influence 23 the ERC administrative fact-finding procedure starts, when aware of one of the following situations:
the) an undertaking which pursues social communication activities holds at universe of reference, taking into account the average value of each semester and according to recognized measurement instruments in the Middle, 50% or more: i) average circulation per issue, in the case of the press; II) of hearings in the case of radio or television; or (b)) A company that goes on at the same time, social communication activities in more than one reference universe holds, having regard to the average value of each semester and according to recognized measurement instruments in the Middle, 30% or more: i) average circulation per issue, in the case of the press; II) of hearings in the case of radio or television, in any universe of reference than the universe more significant in circulation or audience. Article 21 demonstration of the absence of risk to the pluralism and independence 1-After finding, ex-officio or at the request of any interested party of any of the situations referred to in the previous article, the ERC shall notify the fact to the company concerned, which may demonstrate, within 20 working days, that: a) is not any of the situations provided for in the preceding article; or b 24) Notwithstanding the existence of any of those situations, are safeguarded pluralism and the independence of the respective media.
2-for the purposes of point (b)) of the preceding paragraph, the company demonstrates compliance with legal obligations relating to pluralism and independence, and in particular: a) existence of expression and confrontation of different opinions; b) respect for the right of establishment of editorial boards or other legitimate ways of speech of journalists in its editorial orientation; c) existence of safeguards of the independence of journalists and directors; d) respect for the exercise of the right of reply or rectification. 3-for the purposes of paragraph b) of paragraph 1, the undertaking in question demonstrates the filling of the following indicators of pluralism and independence, without prejudice that may be adopted by the Community law: the diversity of editorial guidelines of) media for other detainees; b) existence of self-regulatory instruments, such as style books, codes of conduct, providers of readers, listeners, viewers, or others; c) availability of space or time specific programming for minorities. 4-for the purposes of the statement referred to above, the company may, in addition, invoking his background as regards respect for pluralism and of maintaining independence in the face of political and economic power. 5-the ERC analyzes the evidence presented by the company concerned or, if it does not use the College conferred by paragraph 1, only those who are of your knowledge, deciding at dismissal time check: 25 a) have not been achieved the thresholds provided for in the previous article; or b) Are protected in the light of the legal obligations and indicators referred to in paragraph 3, the pluralism and the independence of the respective media. Article 22 draft decision 1-time check exist founded risk to the pluralism and independence of the media in the face of political and economic power, the ERC shall prepare a draft decision within 30 working days of the presentation of the pronunciation by the notified or, in your absence, from the expiry of the time limit laid down in paragraph 1 of the preceding article. 2-the draft decision must be substantiated by reference to the fulfilment or to fill, respectively, of the legal obligations and most of the indicators referred to in paragraph 3 of the preceding article, when applicable, and shall identify, from among the safeguard measures provided for in article 24, the deemed necessary, appropriate and proportionate to the defense of pluralism and independence in the face of political and economic power. 3-Notified of the draft decision, the undertakings concerned may, within 15 working days: a) objecting to the draft decision; or (b)) submit to ERC proposal to fill the pluralism and independence whose absence has been noted in the draft decision, identifying the conditions and terms of their implementation, including the term of your adoption, which may not exceed three months from the date of notification of the final decision.
26 article 23 final decision 1-the ERC gives final decision within 20 working days of the presentation by the company concerned, the opposition to the draft decision, the communication of the proposal referred to in paragraph b) of paragraph 3 of the preceding article or, in your absence, the expiry of the legal deadline. 2-Verified the existence of established risk for pluralism and independence in the face of political and economic power, the decision establishes, in accordance with the principles of necessity, appropriateness and proportionality, the safeguard measures to be implemented, as provided for in article 24 3-in the case of submission of a proposal in accordance with point (b)) of paragraph 3 of the preceding article and the ERC consider it disengages the risk for pluralism and independence, the final decision establishes your compliance, and therefore determines the safeguard measures to be implemented in the event of non-compliance. 4-When the addressees of safeguard measures to provide electronic communications networks and services, the final decision of the ERC should be preceded by mandatory, but non-binding opinion by the communications regulatory authority. 5-the opinion referred to in the preceding paragraph is delivered within 10 working days from the date of notification to the communications regulatory authority, be presumed. 6-The deadline for the ERC shall be automatically suspended from the date of notification to the communications regulatory authority and the date of issue of the opinion or, in your absence, the expiry date of their term.
Article 24 safeguard measures
27 1-to ensure pluralism and independence in the media, can be applied, cumulatively or alternatively, the following safeguards: a) prohibition of acquisition or merger of companies which pursue social communication activities, yet they are not concentrations subject to prior notification in accordance with the legal framework of the competition, approved by law No. 18/2003 , June 11; b) prohibition of acquisition of the media, yet they are not concentrations subject to prior notification in accordance with the legal framework of the competition, approved by law No. 18/2003, of 11 June; c) preventing access to allocation contests for the pursuit of the activity of radio and television; d) Impediment of submission of applications for authorisation to pursue the activity of radio and television; and) non-renewal of licences or authorizations for the pursuit of the activity of radio and television. 2-the measures referred to in the preceding paragraph fall on businesses and on the natural or legal persons which engaged in domain or that are dominated by them and apply for as long as it is established that any of the situations referred to in points (a) and (b))) article 20 3-the safeguard measure referred to in paragraph e) of paragraph 1 may only be applied to qualified companies with more than one license or authorization to the activity of radio or tv and only in relation to that the corresponding smaller programs service audience.
28 4-are null the acts or legal transactions carried out in violation of the decision that has determined the application of safeguard measures referred to in (a) above) and b) of paragraph 1. 5-In case of application of safeguard measures provided for in (c)), d) and e) of paragraph 1, the ERC shall inform the communications regulatory authority, referring him for this purpose, copy of the final decision. Article 25 Ownership by non-corporate legal persons non-corporate, namely, associations, cooperatives or foundations operating in social communication activities are subject, mutatis mutandis, to the provisions of this Chapter. Chapter V of TITLE article 26 Prohibition of interference in editorial-1 orientation the orientation of the media must be defined in a generic way, by approving, in accordance with the law, editorial status, being forbidden to anyone who does not exercise managerial or leadership position in the area of information, the issuance of directives, instructions or any type of intrusion, focusing on the contents of informative nature served or on the form of your presentation.
2-exceptions to the provisions of the preceding paragraph the guidelines aimed at strict compliance with legal requirements, whose non-fulfilment gives rise to civil liability, or criminal offences by businesses operating in social media activities. 3-violation of paragraph 1 constitutes a misdemeanour punishable by the fine provided for in paragraph 29 c) of paragraph 1 of article 20 of law No. 1/99, of 13 January, as amended by law No. 64/2007 of 6 November. Article 27 1 temporal Constraint-the practice of legal acts which involve the change of the domain of companies which pursue social communication activities by enabling license for the activity of radio and television can only occur three years after the original assignment of license, or one year after the last renovation, and must be subject to authorization by the ERC. 2-the ERC decision, ears stakeholders, within 30 working days, after checking and weighting of initial conditions that were decisive for the award of the title and the interests of the potential audience of the programs services provided, ensuring the safety of the conditions permitting the decides about the original project or on subsequent changes. 3-the authorization of the ERC shall be without prejudice to the powers conferred on the communications regulatory authority, with regard to rights of use of frequencies, in accordance with the law. 4-the provisions of this article shall apply, mutatis mutandis, to legal persons of a non-corporate, including associations, cooperatives or foundations, which pursue social communication activities.
CHAPTER VI of section I of the liability of mere social ordering unlawful article 28 30 Against very serious offences Are very serious offenses-1: a) the non-subjection to nominative form of shares representing the share capital of companies holding media, as imposed by article 4; b) non-publication of the list of holders and holders of shares in the share capital of companies which pursue social communication activities, discrimination of the respective percentages of participation, an indication of the media that those belong, and no identification of the entire chain of entities who should be allocated a qualifying holding, as required in paragraphs 1 and 2 of article 5; c) non-publication of the annual report and the balance sheet and the income statement, as required under paragraph 3 of article 5; d) concealment of the arrest of qualifying holdings in companies which pursue social communication activities, in order to avoid compliance with the special duties of information provided for in paragraph 1 of article 7; and the ERC communication) or to the subsidiary to obtain, overtake or reduction of a qualifying holding, as provided for in paragraphs 1 and 2 of article 7;
f) communication of the shareholder agreements designed to acquire, maintain or strengthen a qualifying holding in a company which pursues social communication activities, as imposed by paragraph 1 of article 10; g) the pursuit of the activity of media consisting of the organisation of services of General or thematic information programmes or in periodicals of General information for companies that do not have as
31 subject your main exercise as required in article 12; h) continuation or the financing of activities of social communication, directly or indirectly, by any of the entities referred to in paragraph 1 of article 13, without prejudice to the exception provided for in paragraph 2 of the same article; I) the pursuit of media activities by any of the entities referred to in paragraph 3 of article 13, without prejudice to the exceptions provided for in paragraphs 4 and 5 of that article; j) the holding, directly or indirectly, by a natural or legal person of a number of licenses of television programs or radio services locally exceeds the limit set out in paragraph 2 of article 14; l) exercise of dominion over more than one operator, television or radio operator, responsible for the organisation of licensed programs or services authorized for the same coverage area, in breach of the prohibitions laid down in paragraphs 1 and 2 of article 15, regardless of that result, exercise or not, legal business; m) distribution of publications or services of programs in violation of the provisions of article 16; n) non compliance of ERC decision to impose safeguard measures to which allude points) and b) of paragraph 1 of article 24;
the) the practice of legal acts which involve the change of the domain of companies which pursue social communication activities by enabling license, without authorization of the ERC, as required by article 27 2-The contravention referred to in the preceding paragraph are punishable with a fine of € 15,000.00 € 75,000.00, when committed by a natural person, and of € 75,000.00 € 375,000.00, when committed by a legal person. 3-The administrative offences provided for in points (a) to (j)) and l) may give rise to the application of sanction suspension accessory 32 license or authorization of the program services provided by offenders for a period not exceeding 30 days, taking into account the seriousness of the unlawful. 4-the administrative offense referred to in paragraph o) of paragraph 1 determines the revocation of the license of the company whose programs services field has changed. 5-The contravention referred to in paragraph 1 are punishable as negligence, with reduction to 2/3 of the minimum and maximum limits. Article 29 administrative offences Are serious offences-1 bass: a) the lack of subsequent communication or incomplete communication of documents registais relating to the ownership of companies operating in social communication activities, as referred to in paragraph 1 of article 6; b) the lack of publication, by the subsidiary, of the information received on the taking, overtaking or reduction of a qualifying holding, as provided for in paragraph 1 of article 8;
c) the lack of information on the ERC, the entity or owned by the holders of their governing bodies, when they have knowledge of a breach of duties of information by the holders of qualifying holdings, under the conditions laid down in paragraph 3 of article 8-2 The contravention referred to in the preceding paragraph are punishable with a fine of € 10,000.00 € 37,500.00, when committed by a natural person , and € 50,000.00 € 250,000.00, when committed by a legal person. 3-The serious offences are punishable by way of negligence, with the 2/3 33 reduction of minimum and maximum limits. Article 30 administrative offences take 1-light offences Constitute: a) the failure to provide information or documents, delivery within the period referred to in paragraph 7 of article 18; b) the lack of delivery of documents or information relevant to the characterization of the media and to the assessment of the need for corresponding adjustment rules, within the time limit set in accordance with paragraph 2 of article 32-2 The contravention referred to in the preceding paragraph are punishable with a fine of € 2,000.00 € 12,500.00, when committed by a natural person , and of € 25,000.00 to € 125,000.00, when committed by a legal person. 3-The minor offences are punishable by way of negligence, with reduction to 2/3 of the minimum and maximum limits.
Article 31 competence and sanctioning procedures 1-ERC is responsible for prosecuting and punishing the practice of administrative offences provided for in this law. 2-If the same fact constituting a misdemeanour sanctioned by this law and by the sectoral legislation, the sanctions provided for in this regime prevails sectoral legislation. 3-The sanctioning procedures are governed by the provisions of criminal procedure mere social ordering and 34 in the alternative, by the provisions of the code of criminal procedure. 4-the product of the fines in 60% reverts to the State and 40% to the ERC. CHAPTER VII of the legislative article 32 execution assessment Follow-up 1-the ERC shall annual gathering information relevant to the characterization of the media in the context of the defence of pluralism, independence and your concentration and not to the assessment of the need of corresponding regulatory adequacy. 2-the entities notified for the purposes of delivery of documents or providing the information referred to in the preceding paragraph shall refer them to the ERC in deadline set by this, between 5:30 working days, without benefit of any period of overtime. 3-the ERC submits to Parliament a report on the assessment referred to in paragraph 1, no later than 31 May of each year. 4-the report referred to in the preceding paragraph is published in the electronic site of the ERC. Article 33 Evaluation after three years after the entry into force of this law, the Assembly of the Republic appreciates the need to your review. CHAPTER VII transitional and final provisions article 34 coordination with sectoral regulatory authorities the competition regulatory authority and the national regulatory authority for communications collaborate actively with the ERC in the application of this law, and
35 conclude a cooperation protocol establishing the necessary procedures. Article 35 supplementary law administrative procedures provided for in this Act are applicable in the standards of the code of administrative procedure. Article 36 amendment to law No. 2/99, of 13 January article 35 of law No. 2/99, of 13 January, as amended by law No. 18/2003, of 11 June, is replaced by the following:% quot% article 35 [...] 1-[...]: a) € 498.80 to € 2493.99, failure to comply with the provisions of paragraphs 2 and 3 of article 15, paragraph 2 of article 18, paragraphs 2 and 3 of article 19 and paragraph 1 of article 26; b) […]; c) […]; d) […]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6 - […]. 7 - […].» Article 37 amendments to the law No. 4/2001, of 23 February articles 68 and 69 of law No. 4/2001, of 23 February, changed 36 laws No. 33/2003, of 22 August, and no. 7/2006, of March 3, are replaced by the following: ' article 68 [...] […]: a) […]; b) […]; c) […]; d) Of € 9,975.96 to € 99.759.58, failure to comply with the provisions of paragraphs 1 and 2 of article 19, in article 30, paragraphs 1 and 2 of article 35, articles 39 and 40, in paragraph 1 of article 41, paragraph 3 of article 71, the denial of the right provided for in paragraph 1 of article 59, as well as to violations of maximum transmitter power laid down in the respective acts of technical licensing.
Article 69 [...] 1-the disrespect reiterated the conditions and terms of the approved project, the violation of the rules on service associations of thematic programmes and the breach of the obligations relating to the production and dissemination of news services, as well as the repeated non-compliance with the required number of broadcast hours of issuance or programming of its own in cases not covered by point (d)) of article 70 , can give place, given the seriousness of the offence the penalty of suspension accessory license or authorization to engage in activity for a period not exceeding three months. 2 - […]. 3 - […].
37 4-[...]. 5 - […]. 6 - […].» Article 38 shall be repealed: the set Standard) paragraphs 2, 3 and 4 of article 4 and article 16 of law No. 2/99, of 13 January, as amended by law No. 18/2003, of 11 June. b) articles 7, 8, 18 and subparagraph (c)) of article 70 of law No. 4/2001, of February 23, amended by Law No. 33/2003, of 22 August, and no. 7/2006, of 3 March. Article 39 entry into force this law shall enter into force 30 days after the date of your publication.
Seen and approved by the Council of Ministers of 19 June 2008 the Prime Minister, the Minister of the Presidency for Parliamentary Affairs Minister 38
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