Establishment Of A Parliamentary Committee Of Inquiry Into The State's Relationship With The Media And, In Particular, To The Government On The Purchase Of Tvi

Original Language Title: Constituição de uma Comissão Parlamentar de Inquérito à relação do Estado com a comunicação social e, nomeadamente, à actuação do Governo na compra da TVI

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793970626e45304c56684a4c6d527659773d3d&fich=inq4-XI.doc&Inline=false

ASSEMBLY of the REPUBLIC N° 4 PARLIAMENTARY INQUIRY/XI COMMISSION ANY PARLIAMENTARY INQUIRY to the STATE'S RELATIONSHIP with the media and, in PARTICULAR, to the GOVERNMENT on the PURCHASE of TVI 1. In the parliamentary debate of the day 24 June 2009, the Prime Minister, asked about the possible state intervention on the proposed purchase of TVI for EN, allegedly to condition its editorial line, stated that "I have nothing to do with editorial lines, much less of TVI. I've said all I have to say about TVI. The Government does not give guidance or receive any type of information about business taking into account the strategic perspectives of PT ".

2. At the end of the same debate, in statements to the media, the Prime Minister added on the proposal of PT for the purchase of TVI: "I know nothing of it, are private business and the State does not get involved in such business. I'm not even informed that the State is aware that ".

3. On day 13 of November of the same year, speaking outside a ceremony at CCB, the Prime Minister declared on the same case: "one thing is of course we argue, as friends, as did, for news that are published in the newspapers and the informal knowledge; Another thing is, as I said in Parliament, as Prime Minister, the official knowledge and prior knowledge of this business. In relation to this business I have nothing to add or to remove ". 4. On day 9 of February 2010, responding to news about the same subject, the Prime Minister said that "all those who refer to a link between Government and PT as regards the intention of PT bought Prisa are missing the truth". He added: "I stand by everything I said in Parliament. And I want to say again that the Government never gave no guidance to 2 Portugal Telecom to buy any tv station ", and that" it was totally independent of the will of the Government. "

5. These responses have been contradicted by several personalities involved in the editorial direction of TVI at the time of the proposed purchase by PT.

6. Leaders of the PT also spoke publicly about the company's strategic interest in the purchase of TVI, giving later that would have informed the Government to perform the operation.

7. Parliament, which has the constitutional powers of oversight of government action, it is clear whether there was government intervention in the decision of PT or any other company to negotiate the purchase of TVI, if such eventual intervention was also intended to make the editorial line or the orientation of the television station, and if in this business the State disregarded the independence of media groups that the Constitution establishes.

8. In fact, the State, under the Constitution, to ensure "the freedom and independence of the media vis-à-vis political power and economic power, (...) treating them and supporting them (companies holding media) in a non-discriminatory manner "(CRP, article 38, 6). It is a fundamental duty of the State, so its violation is of enormous gravity.

9. Thus, the clarification that only Parliament is in a position to determine, by means of investigation, and that is the only instance of assessment policy which can ascertain the truth about the huge questions that are placed on Government action in this area.

10. The activity of monitoring the activity of Parliament does not affect Government, does not override and does not interfere in any judicial investigations. The establishment of judicial responsibilities it is the responsibility of the courts and the principle of separation of powers wisely, not to determine Parliament's intervention in the Court of Justice.

3 11. On the other hand, is public that there is no process of investigation on the matters which are the subject of this inquiry. And if there will be criminal and not a political matter, because the political supervision of the activity of the Government is not up to justice.

12. There is therefore no obstacle to parliamentary inquiry, and this becomes necessary to enlighten public opinion about whether there was or if there was no government intervention in the operation of purchase of TVI.

Thus, the members and representatives petitions come claim your Excellency the President of the Assembly of the Republic, under the provisions of paragraph b) of paragraph 2 of article 2 of Act No. 5/93 of March 1, republished after the second amendment introduced by law No. 15/2007, of 3 April, the establishment of a Commission of parliamentary inquiry to assess the relationship of the State with the media and respect for the principle of independence of the media vis-à-vis political power and, in particular, the actions of the Government in the purchase of TVI.

The Committee of inquiry, which should work for a period shorter than allow to fulfill their responsibility, have as their object: a) whether the Government directly or indirectly intervened in the operation leading to the acquisition of TVI and, if he did, how and with what objectives;

b) determine whether the Prime Minister told the truth to Parliament during the plenary session of 24 June 2009;

Palácio de s. Bento, 26 February 2010