The First Amendment To The Law Of Television, Approved By Law No. 27/2007, Of July 30, The 12Th Amendment To The Advertising Code, Approved By Decree-Law No. 330/90 Of 22 October, And The First Amendment To Law No. 8/2007, Of February 14,

Original Language Title: Procede à primeira alteração à Lei da Televisão, aprovada pela Lei n.º 27/2007, de 30 de Julho, à 12.ª alteração ao Código da Publicidade, aprovado pelo Decreto-Lei n.º 330/90, de 22 de Outubro, e à primeira alteração à Lei n.º 8/2007, de 14 de Fevereiro,

Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c31684a4c33526c6548527663793977634777794f5331595353356b62324d3d&fich=ppl29-XI.doc&Inline=false

PRESIDENCY of the COUNCIL of MINISTERS 1 PROPOSAL of law n. º 29/XI explanatory memorandum Council Directive No. 2007/65/EC of the European Parliament and of the Council of 11 December, known as the directive on Audiovisual Media Services, amending and redenomina the Directive n° 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/EC Parliament and of the Council of 30 June, the television without frontiers directive, while keeping as main objective the promotion of a single market for electronic dissemination of audiovisual content, the adequacy of their adjustment to the new technological context. The enlargement of broadband offering and the development of new distribution platforms have enabled the creation of different services and audiovisual consumption habits. In this context, regulation of services-oriented television programs ran the risk of becoming insufficient, so the Directive came to extend the scope of your on-demand audiovisual services, now designated non-linear services. However, taking into account that the Viewer control over them, through an individual choice that extends to the determination of the moment of their enjoyment, submits them to a reduced set of requirements from what happens with television programmes, now called linear services. For these, arranged in the form of a predetermined grid of distributed concurrent mode and programs for the general public, likely to generate greater impact to the population, the Directive maintains a more demanding level.

PRESIDENCY of the COUNCIL of MINISTERS 2 driven by the need to create conditions for adequate funding of audiovisual services, the Directive came still develop and introduce greater flexibility in the rules relating to audiovisual commercial communications. In this sense, in addition to eliminating the daily limit of advertising, comes the practice of regular product placement, allowing Member States, safeguarded to be the principle of identifiability and the integrity of the programmes, adopt rules allowing television operators and on-demand audiovisual services benefit from that form of financing of your activity. This law, which transposes into national law the Directive 2007/65/EC of the European Parliament and of the Council of 11 December, changing the law No. 27/2007, of 30 June, incorporates the objectives and it solutions, adopting generally more favourable solutions to engage in activity as tv and creating the conditions necessary for the development of on-demand audiovisual services. Thus, this law broadens the field of traditional regulation to non-linear audiovisual services, titling, accordingly, law of television and on-demand audiovisual services, and does not affect, for operators of such services, the restrictions on access to current activity for the operators of terrestrial television, by cable or satellite. Such services shall be subject only to the rules conforming materially the activities of media, in particular with regard to protection of minors and human dignity, right of reply and rectification, so as to ensure accessibility to the contents by people with impaired vision or hearing. On-demand audiovisual services will not be subject to the temporal restrictions or insertion rules regarding advertising or teleshopping governing the services of television programmes, although they apply to ensure the legality and identifiability of audiovisual commercial messages. The rules on compliance with quotas of European works for linear services also don't shall commit the on-demand services.

PRESIDENCY of the COUNCIL of MINISTERS 3 the present law is based, in the field of audiovisual commercial communications, with the code of advertising, in which produces some changes, and with the laws specifically applicable to tobacco advertising and to medicinal products, which continue to apply in all conflitue with the special rules laid down in this law. With regard to television advertising and teleshopping, the present law abolishes, in accordance with the Directive, the daily limit for advertising and teleshopping, all in 12 minutes time limit applicable to their insertions. And eliminates the minimum interval of 20 minutes between advertising breaks, allowing the operators to choose the most appropriate moment to insert advertising in their emissions. Caveat-if, however, the case of cinematographic works, films designed for television, information policy programs, news and children's programs, which can only be interrupted once in each period of at least 30 minutes and, as for the latter, since your programmed duration exceeds the identical period. It is also incorporated in this Act, the legal regime of the sponsorship, as well as fleshed out beyond the regulation of the practice of product placement, the system of production aid. So, this will only be possible when the goods involved are provided free of charge and do not have a significant commercial value, to be determined in co-regulation and supplementary determined in this law, if you apply the product placement. Advertising in split-screen, virtual and interactive also having its own framework, focussed as it is untested, advertising techniques to the needs of consumer protection.

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Took the present legislation to harmonise the rules on the scope of coverage of the services of television programmes, the requirements of transparency in property, the scope of the principle of specialty, concentration and domain changes of licensed operators, restrictions on access to exercise and financing of the activity and the guarantees of editorial independence of journalists with those already in force or will be proposed to Parliament in the field of radio , by Bill. So, on the first point, admitting the establishment of regional reference to TVs, in addition to a set of districts or, also a district or a metropolitan area; and the creation of local televisions that have as a reference, in addition to a municipality, a set of contiguous municipalities or an island with several municipalities. As for the second point, the relationship of the holders or holders of shares in the share capital of the television operators must, under this Bill, be published and updated on the website of the respective media or, in your absence, communicated to the ERC-regulatory authority for the media. The same principle is applicable advertising identification of Directors and managers of the television operator, as well as content directors. The principle of specialty applies only to General and thematic information TVs. In the case of local televisions, said not only the business of television, but to any social media activity.

5 PRESIDENCY of the COUNCIL of MINISTERS as a way of safeguarding pluralism in specific territorial constituencies, and taking into account the special requirements that this principle calls against a backdrop of scarcity of radio spectrum, any natural or legal person may hold, directly or indirectly, a number of licenses television services not conditioning access free not less than 40% of the program services-enabled counterparts the same coverage area. In order to safeguard the public tender for the licensing of television services, the practice of legal acts which involve the change of operators operating in the television business through license can only occur three years after the original assignment of license, two years after modification of the approved project or one year after the last renovation , with the permission of the regulatory authority for the media. As regards the conditions for the exercise of the activity of local television, the proposal maintains the possibility of your financing by municipalities, but submits that decision now to a two-thirds majority of the members of the respective municipal assemblies in accordance with the principles of publicity, objectivity, non-discrimination and proportionality. The measure aims to introduce greater transparency in aid granted by municipalities, away from risks of conditioning of the independence of local televisions. Is clarified the regime of responsibility for the informational content of television services, with a view to the management or leadership positions in the area of information are exercised editorial autonomy, preventing interference from television operator in the production of the contents of informative nature, as well as in the form of your presentation, except where strict compliance aims of legal requirements whose non-fulfilment gives rise to criminal liability or contra-ordenacional service provider of television.

PRESIDENCY of the COUNCIL of MINISTERS 6 Finally, in administrative matters, is reduced to one-third of the frame when they are committed by unlawful services of local coverage programs. This proposal changes still the law No. 8/2007, of February 14, which carried out the restructuring of concessionaire public service radio and television and approved its statutes, insofar as these have about the powers and the functioning of the Board of opinion. Thus, the Council of the opinion will pass also be auscultated under any legislative changes with impact on public service radio or television, as well as being previously informed and heard by the Board of Directors of the concessionaire on the circumstances of the creation of any entities that have somehow as an objective or function to monitor the activities of the public service. The opinion is also now accepted the competence to propose the range of people within which the Board of Directors of the concessionaire may choose and appoint the providers of the viewer and listener. Finally, are rules of attendance of members of the Board of opinion, cominando the Commission of three unjustified absences with the dismissal of wrongful Member, thus ensuring the functioning of the Agency in accordance with the effective social representation your. Were heard the regulatory authority for the media, the National Council of consumption and the Portuguese Confederation of Social Media, and should be listened to the autonomous regions. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: PRESIDENCY of the COUNCIL of MINISTERS 7


Article 1 subject-matter this law transposes to the internal legal order the Directive 2007/65/EC of the European Parliament and of the Council of 11 December, changing the law No. 27/2007, of 30 June and the code of advertising, and makes amendments to law No. 8/2007, of February 14. Article 2 amendment to law No. 27/2007, of July 30 articles 1 to 7, 11, 12, 15, 20, 26, 27, 31, 33 to 35, 40, 41, 45, 47, 49, 54, 59, 64, 65, 67 to 71, 73 to 78, 86, 87, 91 and 92 of Act No. 27/2007, of July 30, are replaced by the following : ' Article 1 [...] The present law is to regulate the business of television and your exercise, as well as the offer to the public of audiovisual services on request, transposing to the internal legal order the directive no. 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/EC of Parliament and of the Council , 30 June and by Directive No. 2007/65/EC of the European Parliament and of the Council of 11 December. Article 2 [...] 1-for the purposes of this law: (a) ") [...];

PRESIDENCY of the COUNCIL of MINISTERS 8 b) ' production aid ' means the audiovisual commercial communication consisting of the inclusion of or reference to a product or service in a programme free of charge; c) ' Self-promotion ' audiovisual commercial communication, broadcast by a television operator or by an operator of on-demand audiovisual services on their own products, services, services of television programmes on-demand audiovisual services, or its programs, as well as to cinematographic and audiovisual works in which have participated financially; d) ' product placement ', audiovisual commercial communication consisting of the inclusion of or reference to a product or service, or the respective trademark, a programme, in return for payment or for similar consideration; e) ' audiovisual commercial communication ' means the presentation of images, with or without sound, designed to promote, directly or indirectly, the goods, services or image of a natural or legal person who carries out an economic activity, including television advertising, teleshopping, sponsorship, product placement, production aid and self-promotion; f) ' audiovisual commercial communication ' means a virtual audiovisual commercial communication resulting from the replacement, by electronic means, of other commercial communications; g) ' Domain ' is 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, considering, in any case, domain exists when a natural or legal person: PRESIDENCY of the COUNCIL of MINISTERS 9 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. h) [previous subparagraph (c))]; I) «European Works», cinema or audiovisual work which meets the requirements set out in paragraph n) of article 1 of Directive 89/552 number/EEC of the Council of 3 October, as amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June, and by Directive No. 2007/65/EC of the European Parliament and of the Council of 11 December; j) [previous article)]; l) "on-demand audiovisual services operator ' means a natural or legal person responsible for the selection and arrangement of the contents of on-demand audiovisual services in the form of catalog; m) ' operator ' means the television legal person legally entitled to the pursuit of the activity of television, responsible for the Organization of services of television programmes; n) ' sponsorship ' means audiovisual commercial communication consisting of the contribution made by natural or legal persons, public or private, other than television operators, on-demand audiovisual services operators or producers of audiovisual works, to the financing of television programmes or services on-demand audiovisual services, or its programs, with the aim of promoting your name , mark, image, activities or products; the) [previous subparagraph (g))];

PRESIDENCY of the COUNCIL of MINISTERS 10 p) ' programme ' means a set of moving images with or without sound, which is an autonomous part of a programming service of television shows or a catalogue of audiovisual service on request. q) ' television advertising ', audiovisual commercial communication disseminated on television services in return for payment or for similar consideration, or with autopromocional character, by a natural or legal person, public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply upon payment of goods or services, including immovable property, rights and obligations; r) on-demand audiovisual service ' or ' non-linear ' audiovisual service, to offer the general public a catalog of programs and contents in text accompanying them, including subtitling and electronic programme guides, selected and organised programming under the responsibility of an on-demand audiovisual services operator, for viewing of a user, the individual request and a moment for this chosen through electronic communications networks within the meaning of law No. 5/2004, of 10 February, not including in this concept: i) any form of private communication; II) audiovisual content produced by users for being shared preferably within groups with common interests; III) electronic versions of newspapers and magazines and audiovisual content complementary;

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s) ' television shows service ' means the unit of sequential programming provided by a television operator, organized on the basis of a programming grid; t) «Telepromoção», television advertising inserted during the stage of a program interruption, through the advertisement of goods or services by the presenter; u) ' teleshopping ', audiovisual commercial communication consisting of the direct offers broadcast to the public with a view to the supply of goods or services against payment; v) «tv», transmission, in unencoded or encoded form, of non-permanent images, with or without sound, through an electronic communications network, intended for simultaneous reception by the general public, not including in this concept: i) communication services intended to be received only upon individual request; II) the mere retransmission of foreign broadcasts; III) timely transmission of events, through technical devices installed in the vicinity of the respective places of occurrence and targeting audiences there. 2-[Repealed]. Article 3 [...] 1-Are subject to the provisions of this law: PRESIDENCY of the COUNCIL of MINISTERS to 12) the services of television programmes transmitted by operators who continue the television activity under the jurisdiction of the Portuguese State; b) on-demand audiovisual services provided by operators operating your offer under jurisdiction of the Portuguese State. 2-consider themselves under the jurisdiction of the Portuguese State television operators and operators of on-demand audiovisual services which meet the criteria set out in article 2 of Directive 89/552 number/EEC of the Council of 3 October, amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June and by Directive No. 2007/65/EC Parliament and of the Council of 11 December. 3-the provisions of the preceding paragraph shall apply mutatis mutandis to distribution operators. Article 4 Transparency of ownership and management 1-shares representing the capital stock of the television operators that are in the form of a public limited company are obligatorily nominative. 2-the relationship of the holders and the holders of shares in the capital stock of the television operators, the composition of its organs of administration and management and the identification of the person responsible for guidance and supervision of the content of their broadcasts, are made public on the website of the respective media and should be updated in the seven days following the occurrence of the corresponding fact establishing whenever : a) A holder or possessor attains or exceeds 5%, 10%, 20%, 30%, 40% or 50% of the capital or of the voting rights;

PRESIDENCY of the COUNCIL of MINISTERS 13 (b)) A holder or holder reduce your participation to less than each of the percentages referred to in the preceding sub-paragraph; c) changing the operator domain Occurs; d) Occurs change in composition of the administrative and management or in the structure of responsibility for orientation and for overseeing the content of broadcasts. 3-the ratio referred to in the preceding paragraph shall include, with the necessary updates: a) the breakdown of percentages for the participation of the respective holders and owners; b) identification of the entire chain of entities who should be allocated a participation of at least 5% of the operators concerned; and (c)) the indication of the holdings of those holders and holders in other media. 4-in the absence of electronic, information and site updates referred to in paragraphs 2 and 3 are reported by television operator an additional charge to the ERC, providing the your public access. 5-the provisions of paragraphs 2 and 3 shall apply mutatis mutandis to non-corporate legal persons pursuing the activity of television, including associations, cooperatives or foundations. Article 5 [...]-1 [previous article body].

PRESIDENCY of the COUNCIL of MINISTERS, 14 2-public service television can integrate on-demand audiovisual services or other audiovisual services necessary for the attainment of its purposes. Article 6 [...] 1-the regulatory authority for the media promotes and encourages the adoption of co-regulatory, self-regulatory mechanisms and cooperation between the various operators of television and on-demand audiovisual services which make it possible to achieve the objectives referred to in the following paragraph. 2-the State, the public service and the other tv operators and on-demand audiovisual services must cooperate with each other in pursuit of the values of human dignity, the rule of law, democratic society and national cohesion and the promotion of the Portuguese language and culture, taking into account the special needs of certain categories of viewers. Article 7 1 coverage areas-[...]:) [...]; b) […]; c) A district or a set of contiguous districts or a metropolitan area on the Mainland, or a set of Islands, the autonomous regions;

PRESIDENCY of the COUNCIL of MINISTERS 15 d) A municipality or contiguous municipalities and neighbouring areas, if any, in accordance with the technical requirements necessary to cover those in the Mainland, or an island with several municipalities, Autonomous regions. 2-the geographical area assigned to each service nationwide television programs should be covered with the same program and recommended, unless authorized by signal to the contrary, to be granted by decision of the regulatory authority for the media, and without prejudice to the use of additional coverage, when properly authorized. 3 - […]. 4 - […]. Article 11 1 operators ' Requirements-television activity consists in organising services of General or thematic information programmes of international, national or regional scope can only be pursued in accordance with the provisions of this law, by commercial companies that have as subject your main exercise. 2-television activity consists in organising services of General or thematic informative programs locally can only be pursued in accordance with the provisions of this law, by commercial companies whose prime object the exercise of media activities. 3-[previous body of paragraph 2]: PRESIDENCY of the COUNCIL of MINISTERS 16


the) [previous) (a) of paragraph 2]; b) [previous) (b) of paragraph 2]; c) 100 000 € or € 50 000, depending on the case of operators who provide services of television programmes of regional or local coverage, regardless of your type. 4-[previous body of paragraph 3]:) [previous subparagraph a) of article 3]. b) € 500 000, in the case of a network covering a set of districts on the Mainland or a set of Autonomous regions, Islands or an island with several municipalities, or a metropolitan area; c) € 100 000, in the case of a network covering a municipality or contiguous municipalities. 5-exceptions to the provisions of paragraphs 1 and 2 operators only exploit, not-for-profit, educational television services, cultural and scientific dissemination, which can take the form of association or Foundation. 6-[previous No. 5]. Article 12 [...] 1-television activity cannot be conducted or financed, directly or indirectly, for parties or political associations, unions, employers or professionals, public associations professionals, except if that activity is exclusively carried out via the Internet and consists of the Organization of services of doctrinal nature programs, institutional or scientific.

PRESIDENCY of the COUNCIL of MINISTERS 17 2-Without prejudice to article 5, the television activity cannot be exercised by the State, the autonomous regions, local authorities and their associations, directly or through State or regional public companies, municipal companies, or metropolitan Intercity, except where that activity is exclusively carried out via the Internet and consists of the service organization of institutional nature or scientific programs. 3-the granting of support to the activity of municipalities is limited to the organisation and provision of services of local programs that are enabled for the area of the respective District (municipal) and must comply with the principles of publicity, objectivity, non-discrimination and proportionality, and is subject to approval by a two-thirds majority of the members of the respective municipal assemblies. Article 15 [...] 1-[...]. 2 - […]. 3-the regulation identifies the conditions for the admission of applications, as well as the documentation that must accompany, in order to allow the verification of the compliance of applicants and projects legal and regulatory requirements, in particular: (a)) [...]; b) […]; c) […];

PRESIDENCY Of The COUNCIL Of MINISTERS 18 d) [...]; e) […]; f) the sufficiency of human and technical resources to be allocated; g) the attestation of tax situation regularized and the presentation of the original certificate be waived pursuant to Decree-Law No. 114/2007, of 19 April. 4 - […]. 5 - […]. 6 - […]. 7 - […]. 8 - […]. 9 - […]. Article 20 [...] Television operators must start emissions from television services licensed or authorized within 12 months from the date of the final decision to award the corresponding title enabled. Article 26 [...] 1-the freedom of expression of thought through television programmes and services on-demand audiovisual services integrates the fundamental right of citizens to a free and pluralist information, essential to democracy and social and economic development of the country.

PRESIDENCY of the COUNCIL of MINISTERS 19 2-Except the cases provided for in this Act, the activity of television and on-demand audiovisual services is based on freedom, and Public Administration or any organ of sovereignty, with the exception of the courts, prevent, condition or impose the broadcasting of any programs. Article 27 [...] 1-the schedule of television programmes and services on-demand audiovisual services must respect human dignity and the fundamental rights, freedoms and guarantees. 2-the services of television programmes and audiovisual services the request cannot, through the programming elements which spread, incite to racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation. 3-it is not allowed the television broadcast of programs likely to manifestly, seriously and gravely harm the free formation of the personality of children and adolescents, in particular those containing pornography on the job access programs conditioning or gratuitous violence. 4-the television broadcast of any other programs which may influírem negatively on formation of the personality of children or adolescents should be accompanied by a permanent broadcast visual identification and can only take place between the 22 hours and 30 minutes and 6 hours. 5 - […]. 6 - […].

PRESIDENCY of the COUNCIL of MINISTERS 20 7-the preceding paragraphs not only covers any programming elements, including advertising and messages, extracts or images of self-promotion, teletext services and electronic programming guides. 8 - […]. 9 - […]. 10-The on-demand audiovisual services programs that may manifestly, seriously and gravely harm the free formation of the personality of children and adolescents, such as pornographic content, can only be provided through the adoption of appropriate technical features to prevent access to such content by that segment of the public. 11-television operators and operators of on-demand audiovisual services can adopt codes of conduct which meet the requirements contained in this article, ears, in the case of television operators, the respective editorial boards, as part of its mission. Article 31 [...] It is prohibited to television operators, distribution and audiovisual services to request the assignment of spaces of political propaganda, without prejudice to the provisions of Chapter VI.

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Article 33 [...] 1-responsible for conducting of shows or other public events occurring in the national territory, as well as holders of exclusive rights imposed on them may not oppose the transmission of short extracts of the same informational nature, on the part of program service provided by any operator, national television or not. 2 - […]. 3-When an operator under the jurisdiction of the Portuguese State holds exclusive rights for the transmission, to the national territory, of events in the territory of another Member State of the European Union, should provide access to their signal to other national operators interested in the transmission of short extracts of informative nature about those events. 4-without prejudice to any agreement to use diverse, the statements referred to in paragraphs 1 and 3 shall: a) [previous subparagraph a) of article 3]; b) [previous) (b) of paragraph 3]; c) [previous subparagraph (c)) paragraph 3]; d) [Former subparagraph (d)) of article 3].

PRESIDENCY of the COUNCIL of MINISTERS 22 5-Save agreement to the effect, is only allowed the use of short extracts, informational in nature, related to shows or other public events about which there are no exclusive rights in on-demand audiovisual services when included in programs previously broadcast by the same operator in television programmes. Article 34 general obligations of operators 1-[...]. 2 - […]. 3-the regulatory authority for the media sets, heard the National Institute for rehabilitation, television operators and operators of on-demand audiovisual services, on the basis of a multiannual plan which envisages the gradual fulfillment your, and taking into account technical and market conditions in each moment she checked, the set of obligations concerning the accessibility of television programmes and services on-demand audiovisual services for people with special needs in particular, and the nature of the service, the use of subtitling, interpretation by means of sign language, the audio description or other techniques that are appropriate, as well as the availability of easily understandable navigation menus. 4-other than those provided for in points (a) to (d))) and f) of paragraph 2, obligations of television program services regional or local generalists: a) broaden the television programming of regional or local content;

PRESIDENCY of the COUNCIL of MINISTERS 23 b) disseminate information with particular interest to the geographic scope of the hearing; c) Promote the values characteristic of regional or local cultures. 5-obligations of the services of thematic programmes, taking into account the nature, your points), b) and (g)) and, regardless of your nature, subparagraphs (a) (c)) and f) of paragraph 2. Article 35 Responsibility and editorial autonomy 1-[...]. 2 - […]. 3-each operator of on-demand audiovisual services must have a responsible for the selection and arrangement of the catalog of programs. 4-the designation and the dismissal of the responsible for the informational content of the services of television programmes are the responsibility of the television operator, heard the editorial Council. 5-the prior hearing of the Editorial Board is dismissed in the appointment of the first responsible for the informational content of each service to programs and services of doctrinal or denominational nature programs. 6-the positions of management or leadership in the area of information are exercised editorial autonomy, being forbidden to interfere with television operator in the production of the contents of informative nature, as well as in the form of your presentation.

PRESIDENCY of the COUNCIL of MINISTERS 24 7-exceptions to the provisions of the preceding paragraph the guidelines aimed at strict compliance of legal provisions whose failure results in criminal liability or administrative service provider. Article 40 reserved television advertising Time and teleshopping 1-the time of issue for the television advertising and teleshopping, in each period between two units of time may not exceed 10% or 20%, depending on the case of television programmes services of conditional access services or television programmes not conditioning access free or not conditioning with signature. 2-are the limits laid down in the preceding paragraph the autopromoções, the telepromoções and the teleshopping blocks. 3-teleshopping blocks shall have a duration of at least 15 minutes. Article 41 1-Sponsorship television services and the on-demand audiovisual media services, as well as the related sponsored programs are clearly identified as such by the name, logo or any other distinctive sign of the sponsor of its products or its services.

PRESIDENCY of the COUNCIL of MINISTERS 25 2-sponsored programs should also be identified at the start, at the beginning and at the end of the programme, without prejudice to such indication could be made at other times cumulatively, provided they do not undermine the integrity of the programmes, taking into account their natural interruptions, as well as your length and nature, and to be carried out so as not to prejudice any rights holders. 3-The news services and affairs programmes may not be sponsored. 4-the content of a service of television shows, on-demand audiovisual service or program sponsored or, in the case of services of television programmes, your scheduling, may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence thereof. 5-programs or programs sponsored, as well as the identification of their sponsorships, cannot directly encourage the purchase or lease of goods or services of the sponsor or of third parties, in particular through specific promotional references to those products or services. Article 45 [...]-1 [previous article body]. 2-The on-demand audiovisual services should contribute to the promotion of European works, including through financial contribution for your production or your progressive incorporation in its catalog.

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3-The on-demand audiovisual services must confer special visibility in your catalog to European works, adopting features that allow the public to search for your source. Article 47 [...] 1-compliance with the obligations referred to in articles 44 to 46 is evaluated annually and should be taken into account, where applicable, the specific nature of services of television programmes and the operator's responsibilities with regard to information, education, culture and fun. 2-The evaluation reports referred to in the preceding paragraph, containing their conclusions are made public on the website of the regulatory authority for Electronic Media until 30 June of the year following that to which they relate. Article 49 [...] Television operators and operators of on-demand audiovisual services are required to pay each year to the regulatory authority for the media, according to model for her set, all necessary elements for the exercise of supervision of compliance with the obligations laid down in articles 44 to 46.

PRESIDENCY of the COUNCIL of MINISTERS article 54 27 [...] 1-the second service of general national programs comprises a strong cultural component programming and training, and should enhance the education, science, research, art, innovation, social action, dissemination of humanitarian causes, non-professional sport and school sport, the religious faiths, the independent production of creative works the Portuguese cinema, the environment, consumer protection and the audiovisual experimentalism. 2 - […]. 3 - […]. Article 59 [...] 1-[...]. 2-[previous paragraph 3]. 3-the entities referred to in paragraph 1 shall be entitled, free of charge and on an annual basis, the following broadcasting time: 10 minutes per party) represented in the Assembly of the Republic, or in the legislative assemblies of the autonomous regions, plus 30 seconds for each elected Member; b) five minutes per party not represented in Parliament, or Legislative Assemblies of the autonomous regions, with participation in the most recent legislative elections, plus 30 seconds for every 15000 votes on them obtained; c) [previous subparagraph (c)) of the previous paragraph 2];

PRESIDENCY of the COUNCIL of MINISTERS 28 d) [previous subparagraph (d)) of the previous paragraph 2]; e) [previous article) of the previous paragraph 2]. 4-in the case of autonomous regions, the antenna right referred to in the preceding paragraph shall be exercised by parties that performed the suffrage in elections to the Regional Legislative Assemblies in the program services especially intended for their region. 5-[previous paragraph 4]. 6-[previous No. 5]. 7-[previous paragraph 6]. Article 64 [...] 1-[...]. 2 - […]. 3 - […]. 4 - […]. 5 - […]. 6-the preceding paragraphs is correspondingly applicable, program services especially for the autonomous regions, the right of political parties represented in the replica European regional legislative assemblies which do not form part of their regional governments.

PRESIDENCY of the COUNCIL of 29 MINISTERS article 65 [...] 1-you have the right of reply in television programmes and audiovisual services on request any natural or legal person, organization, agency or public body that has been the subject of references, albeit indirect, that may affect your reputation or good name. 2-the entities referred to in the preceding paragraph shall have the right of rectification in television programmes and audiovisual on-demand services in which have been bungled or misleading references to them. 3-the right of reply and rectification are affected, with the express agreement of the person concerned, the television operator or operator of on-demand audiovisual services has corrected or clarified the text or image in question or you have allowed, otherwise, expose the facts or the views that allegedly would justify the reply or rectification. 4 - […]. Article 67 [...] 1-[...]. 2 - […].



PRESIDENCY of the COUNCIL of MINISTERS 30 3-the text of the response or correction should be delivered to the television operator or operator of on-demand audiovisual services, with signature and identification of the author, through demonstrating the procedure your reception, invoking the right of reply or rectification or the relevant legal provisions. 4 - […]. 5 - […]. Article 68 [...] 1-When the reply or rectification are untimely, come from people without legitimacy, they lacked clearly unfounded or contradict the provisions of paragraphs 4 or 5 of the preceding article, the television operator or the service provider on request may refuse your issue, informing the interested in writing about the refusal and the reasons your in the 24 hours following the receipt of the reply or rectification. 2 - […]. 3 - […]. 4 - […]. 5 - [...]. 6 - […].

PRESIDENCY of the COUNCIL of MINISTERS article 69 31 [...] 1-the transmission of reply or rectification is made until 24 hours after the delivery of its text to the television operator or operator of on-demand audiovisual services, except as provided in paragraphs 1 and 2 of the previous article. 2-the reply or rectification are transmitted free of charge: a) in television programmes, in the same program or, if not possible, in time to issue equivalent; b) on-demand audiovisual services, program associate in the catalog, the program to which the reply or rectification concerns, with the same emphasis and duly identified as such. 3-the reply or rectification must: a) in television programmes, be sent as often as the reference emissions motivated; b) on-demand audiovisual services, remain accessible to the public by the time spent in the program catalog where the reference that the motivated or, regardless of that fact, for a minimum period of seven days. 4 - […]. 5 - […].



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Article 70 [...] 1-in determining the gross forms of liability emerging facts committed through television programs or services of on-demand audiovisual services can observe the General principles. 2-television operators or the operators of on-demand audiovisual services respond jointly and severally with the persons responsible for transmission of previously recorded material, with the exception of transmitted under the laws, politics, replica of reply and rectification or in the course of interviews or debates by people not bound contractually to the operator. Article 71 Crimes committed through television programmes and services on-demand audiovisual services 1-acts or harmful behaviors of legal interests protected under criminal law perpetrated through-services of television programmes or on-demand audiovisual services are punished in accordance with the adjustments given in the following paragraphs. 2-whenever the law does not establish aggravation due to the middle of commit, the crimes committed through television programs or services of on-demand audiovisual services which are not provided for in this law are punished with the penalties laid down in the rules, a third high incriminating in their minimum and maximum limits.

PRESIDENCY Of The COUNCIL Of MINISTERS 33 3-[...]. 4 - […]. 5 - […]. 6-the technicians at the service of the television operators or operators of on-demand audiovisual services are not responsible for the emissions that they give your professional contribution, if they are not due to awareness of the criminal nature of your act. Article 73 [...] 1-responsible for the guidance and supervision of the content of television broadcasts or the selection and arrangement of the catalog of on-demand audiovisual services, or replace them, incurred in the crime of qualified disobedience when, in order to prevent the targeted effects:) [...]; b) […]; c) […]; d) fail to comply with decision to suspend the transmission or retransmission of television programmes services, offering on-demand audiovisual services, or of the respective programs. 2 - […].



PRESIDENCY of the COUNCIL of MINISTERS Article 34 74 [...] 1 who prevent or disturb the exercise of television activity or offering to the public of audiovisual services on request, or seize or damage to materials required for the performance of such activities, outside the cases referred to in the law and in order to affect the freedom of programming and information, is punished with imprisonment up to two years or a fine up to 240 days If more severe penalty you does not fit under the criminal law. 2 - […]. 3 - […]. Article 75 [...] 1-is punishable by a fine of € 7500 € 37 500: a) non-compliance with the provisions of Article 4bis *, in paragraph 3 of article 19, in the first part of paragraph 4 of article 27, in articles 29 and 42, paragraph 5 of article 44 and in articles 45 and 46, paragraph 6 of article 40, paragraph 2 of the article 41-B No. in paragraph 2 of article 41-C and in article 58; b) […]; c) […]. 2-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraph is reduced to one-third.

PRESIDENCY of the COUNCIL of MINISTERS 35 3-negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs. Article 76 [...] 1-is punishable by a fine of € 20 000 to € 150 000: a) non-compliance with the provisions of paragraphs 1, 6, 8 and 9 of article 25, in the second part of paragraph 4 and paragraph 8 of article 27, paragraph 1 of article 30, paragraph 5 of article 32, in paragraphs 4 and 5 of article 33 in paragraph 3 of article 34, articles 35, 36, 37, 40 and 40-A, paragraphs 1 to 5 of article 40-B, in articles 41 and 41-A, paragraphs 1 and 3 of article 41, paragraphs 1 and 3 of article 41-C, paragraphs 2 and 3 of article 41-D in article 43, paragraphs 1 to 3 of article 44, article 49, paragraph 4 of article 59, paragraphs 1 and 4 of article 61, paragraphs 2 and 3 of article 64, in article 69 and in paragraph 1 of article 92; b) […]; c) […]; d) failure to comply with the conditions of inclusion of features that allow the gateway to interactive environment that contains advertising provided for in paragraph 1 of article 41-d. 2-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraph is reduced to one-third.

PRESIDENCY of the COUNCIL of MINISTERS 36 3-negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs. Article 77 [...] 1-is punishable by a fine of € 75 000 375 000 € and suspension of license or authorization of the program or service program in which transmission is committed, depending on the seriousness of the offence for a period of 1 to 10 days: the non-compliance with the provisions of) paragraphs 1 to 3 of article 4, paragraphs 3 and 4 of article 4-B in paragraph 2 of article 7, in articles 11 and 12, paragraph 1 of article 21, paragraphs 2 and 3 of article 25, paragraphs 2 and 3 of article 27, in article 31, paragraphs 2 and 6 of article 32, paragraph 1 and paragraph 3 of article 33, paragraph 1 of article 39 and paragraph 2 of article 60; b) […]; c) […]; d) […]; e) […]. 2 - […]. 3-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraphs is reduced to one-third. 4-the negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs.

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Article 78 [...] 1-The contravention referred to in the preceding articles answer the operator in whose service of television programmes or audiovisual programs service the request has been committed the offence, except as regards the violation of paragraph 2 of article 60, which responds to the holder of the antenna. 2 - […]. Article 86 limitations on the retransmission of television programmes services 1-the regulatory authority for the media may suspend the retransmission of television programs or services of their respective programs, since the television transmitter operator has committed such violation at least twice during the previous 12 months, when: a) in the case of services of television programmes not conditioning access free or not conditioning with signature, manifestly, seriously and gravely hinder the free formation of the personality of children and adolescents, in particular with the issue of programs containing scenes of pornography or gratuitous violence; or b) regardless of the type of service of programs incites to hatred, racism or xenophobia. 2 - […].

PRESIDENCY of the COUNCIL of MINISTERS 38 3-the regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform pursuant to paragraph 1 Article 87(1) [...] The procedure for criminal offences committed through television programmes and services on-demand audiovisual services are governed by the provisions of the criminal procedure code and supplementary legislation, with the specialties under this law. Article 91 [...] 1-at the request of the Prosecutor or of the offended, and by court decision, the operative part of which have become res judicata sentencing for crimes committed through television programmes and services on-demand audiovisual services, as well as the identity of the parties, is disseminated by the operator. 2-the accused in criminal proceedings reported through services of television programmes and later acquitted by final judgment may apply to the Court that the content of this sentence is also reported by the issuing authority, the same television shows service in time, space and prominence equivalent television. 3-in the case of on-demand audiovisual services, the situation provided for in the preceding paragraph shall apply, mutatis mutandis, the provisions of paragraph 1 (b)) of paragraphs 2 and 3 of article 69, concerning the transmission of reply or rectification.

PRESIDENCY of the COUNCIL of MINISTERS 39 4-dissemination of the operative part of the judgments referred to in the previous paragraphs must be carried out in order to safeguard the rights of third parties. Article 92 [...] 1-[...]. 2-the legal deposit referred to in the preceding paragraph shall be governed by own diploma, which will safeguard the interests of authors, producers and operators. 3 - […].» Article 3 amendment to law No. 8/2007, of February 14 articles 22, 23 and 24 of the statutes of the Rádio e Televisão de Portugal, s.a., approved by law No. 8/2007, of February 14, shall be replaced by the following: ' article 22 [...] 1 - […]: a) […]; b) […]; c) […]; d) […]; and) issue opinions on legislative initiatives focusing on public service television and radio; f) [previous article)];

PRESIDENCY of the COUNCIL of MINISTERS 40 g) Issue, after hearing by the Board of Directors of Rádio e Televisão de Portugal, s.a., opinion on the establishment of any entities which have the objective of monitoring the activity of the public service radio or television; h) [previous subparagraph (f))]; I) [previous subparagraph (g))]; j) Vote and propose to the Board of Directors of Rádio e Televisão de Portugal, S.A., two of three people with suitable profile for the performance of the viewer and provider roles of listener's provider. Article 23 [...]-1 [previous article body]. 2-the faults of the members of the Board of opinion are justified to the President in the eight days of the occurrence or the end of your circumstances of force majeure which they gave rise. 3-the occurrence of three unjustified absences involves the loss of the Member's mandate wrongful. 4-the absence of bedding faults must be ratified in the plenary when it is likely to involve a loss of mandate. 5-In case of loss of one of its members, the Chairman of the Board of opinion in eight days notifies the entity responsible for your election or designation, so proceed and report, within 30 days, the new indication.

PRESIDENCY of the COUNCIL of MINISTERS article 24 41 [...] 1-[...]. 2-the Council of the opinion proposes to the Board of Directors of Rádio e Televisão de Portugal, s.a., in accordance with the criteria referred to in the preceding paragraph, a list of three people for the exercise of the Office of Ombudsman of the viewer and a list of three people for the exercise of the Office of Ombudsman of the listener, until 30 days before the end of their terms of Office. 3-the Board of Directors of Rádio e Televisão de Portugal, s.a., appoints, from among the names proposed by the Council of the opinion, the viewer and listener providers until the fifteenth day before the end of the mandates of the providers. 4-[Revoked].» Article 4 Amendment to the code of advertising the article 8 of the code of advertising, approved by Decree-Law No. 330/90 of 23 October, and amended by Decree-Law No. 74/93, of 10 March, by Decree-Law No. 6/95 of 17 January, by Decree-Law No. 61/97, of 25 March, by law No. 31/98, of July 14 , by Decree-Law No. 275/98 of 9 September, by Decree-Law No. 51/2001, of 15 February, by Decree-Law No. 332/2001, of December 24, by Decree-Law No. 81/2002, of April 4, by law No. 32/2003, of 22 August, by Decree-Law No. 224/2004, of 4 December, and by law No. 37/2007, of August 14 , and by Decree-Law No. 57/2008, of March 26, is replaced by the following: PRESIDENCY of the COUNCIL of MINISTERS 42


«Article 8 [...] 1 - […]. 2 - […]. 3-the separator referred to in the preceding paragraph is made, the radio beeps.» Article 5 Amendment to law No. 27/2007, of July 30 are added to law No. 27/2007, of July 30, articles 1-A, 4-A, 4-B, 40-A, 40B, 40 C, 41-A, 41-B 41-C and 41-D, 77-86,-, 86-B, with the following text:% quot% article 1A 1-arrangements Are still applicable to on-demand audiovisual services rules on information society services and the electronic commerce of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009, of 10 March, that suit to your nature, provided they do not contradict the provisions of this law. 2-Notwithstanding the provisions of this law, still apply to audiovisual commercial communications, with the necessary adaptations, the provisions of the Advertising Code, approved by Decree-Law No. 330/90 of 23 October, and supplementary legislation, as well as in law No. 37/2007 of 14 August and Decree-Law No. 176/2006 of 30 August.

PRESIDENCY of the COUNCIL of MINISTERS Article 43 4-the Obligations of identification 1-television operators, distribution and on-demand audiovisual services are required to disclose, in order to allow an easy, direct and permanent access: a) The respective names or designations; b) the name of the director or responsible for each service, when applicable; c) the geographical address at which he is established; d) their means of contact, namely, telephone and electronic postcards; and the identity and contact details of) regulatory bodies. 2-in the case of services of television programmes is still required to provide permanently, except for the advertising blocks, a visual element that permits the identification of each service, and the information referred to in paragraph 1 released: in its electronic site) whose address must be disclosed at the beginning and end of each news service or, when not include informational programming during the emissions at intervals not exceeding 4 hours; b) if and to the extent that is feasible, additional services such as Teletext pages and electronic programming guides.

PRESIDENCY of the COUNCIL of MINISTERS 44 3-on-demand audiovisual services the information referred to in paragraph 1 is made available in the electronic pages that allow access to their programs. 4-The on-demand audiovisual services operators are required to report to the regulatory authority for the media, by electronic means, the beginning and end of each of its services, the elements referred to in subparagraphs (a)) d) of paragraph 1 and its updates. 5-the communications referred to in the preceding paragraph are made in 10 working days following the occurrence of the fact that the warrants were not subject to any fees or charges. Article 4-B competition, concentration and pluralism 1-applies to television operators the General system of protection and promotion of competition. 2-concentrations between television operators subject to intervention of the competition regulatory authority are subject to a prior opinion of the regulatory authority for the media, which is binding only when there is founded risk to free expression and confrontation of different opinions. 3-Any natural or legal person may hold, directly or indirectly, in particular by means of a domain, a number of licenses television services not conditioning access free not less than 40% of the program services-enabled counterparts the same coverage area.

PRESIDENCY of the COUNCIL of MINISTERS 45 4-the practice of legal acts which involve the change of operators operating in the television business through license can only occur three years after the original assignment of license, two years after the modification of the approved project or one year after the last renovation, and is subject to authorization by the regulatory authority for the media. 5-the regulatory authority for the media decides, ears stakeholders, within 30 working days, after checking and weighting of determining initial conditions 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. 6-the preceding paragraphs shall apply, mutatis mutandis, to legal persons of a non-corporate, including associations, cooperatives or foundations operating in the television business, the regulatory authority for the media, if they are meeting the requirements for the completion of the operation, promote the respective changes to the title's license for the activity. Article 40-1 identification and separation-television advertising and teleshopping shall be readily recognizable as such and kept clearly separate from the rest. 2-the separation referred to in the preceding paragraph is made: PRESIDENCY of the COUNCIL of MINISTERS 46


the) between programs and their interruptions, by the insertion of optical and acoustic tabs at the beginning and end of each interrupt, and the initial tab contain, noticeably for the recipients, and where appropriate, the word ' advertising ' or ' teleshopping '; b) going on, screen is split through the demarcation of an area of the screen, never more than a fourth part of this, clearly distinct from the remaining area and identified noticeably to the recipients, with the word ' advertising '. Article 40B 1 Insertion-television advertising and teleshopping may be inserted, provided they do not violate the integrity of the programmes and take into account their natural interruptions, as well as your length and nature, and so as not to prejudice the rights of any holders: a) between programs and the interruptions of programmes; b) Using the entire screen or part thereof. 2-insertion of television advertising and teleshopping may not entail an increase in the level of volume applied to the rest. 3-is prohibited: a) teleshopping in split-screen; b) teleshopping during children's programs and 15 minutes immediately before and after your transmission; c) television advertising in split-screen during the news and political information programmes in children's programmes and in programmes for the diffusion of religious services;

PRESIDENCY of the COUNCIL of MINISTERS 47 d) television advertising in split-screen during the issue of creative works. 4-the transmission of news, political information programs, cinematographic works and films designed for television, with the exception of series, serials and documentaries, can only be interrupted by television advertising and, or, teleshopping once for each period of at least 30 minutes. 5-the transmission of children's programmes can only be interrupted by television advertising once for each programming period of at least 30 minutes, provided that the expected duration for the programme is greater than 30 minutes. 6-any broadcast of A religious service cannot be interrupted for television advertising and insertion, or teleshopping. 7-messages of television advertising and teleshopping, unless presented in transmissions of sports events, can only be inserted in exceptional cases. Article 40-C 1 Telepromoção-the telepromoção is only allowed in light entertainment programs with the nature of contests or the like. 2-viewers must be informed of the existence of telepromoção at the beginning and end of the programs that use this form of advertising. 3-the telepromoção is immediately preceded by optical or acoustic separator and accompanied by a handle that check the your business nature.

PRESIDENCY of the COUNCIL of MINISTERS Article 48 41-product placement and production aid 1-product placement is only allowed in cinematographic works, films and series made for television programs or services on-demand audiovisual services, sports programmes and light entertainment programmes. 2-product placement is prohibited in children's programs. 3-the content of programmes where there is product placement and, in the case of services of television programmes, your scheduling, may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence thereof. 4-The programs that are not product placement can encourage directly to the purchase or lease of goods or services, in particular through specific promotional references to those products or services. 5-product placement shall not grant undue relief the products, services or trademarks, in particular when the reference made is not justified for editorial reasons or is likely to mislead the public with regard to your nature, or by the applicant form as those elements are presented or put into evidence.



PRESIDENCY of the COUNCIL of MINISTERS 49 6-programmes containing product placement, when produced or commissioned by television operator or by the operator of on-demand audiovisual services making the dissemination thereof, or by an affiliate, your must be appropriately identified at the start, at the end and when your restart after advertising breaks. 7-the granting of production aid to any program when the goods or services used have no significant commercial value, by applying the provisions of paragraphs 3 to 6. 8-the presentation is not permitted during the exhibition of children's programs, any kind of commercial messages likely to harm the physical and mental development of minors, in particular those relating to foods and beverages containing nutrients and substances with a nutritional or physiological effect whose presence in excessive amounts in the diet is not recommended. 9-on the production aid in the goods or services used have significant commercial value shall apply the rules laid down for the product placement, including the administrative in nature. 10-the significant commercial value shall be determined by agreement between the operators of television and audiovisual services on request and subject to ratification of the ERC.

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11-in the absence of, or in the absence of subscription of the agreement referred to in the preceding paragraph, the significant commercial value is defined by the ERC, listen to the operators in the sector, and in any case refer the commercial value of the goods or services involved and the advertising value corresponding to the time of broadcast that the good or service is commercially identifiable, in particular by displaying their brand plus the identification time immediately before or after the show, according to the television advertising higher tariff in effect on the date of the first issue of the program or of the first making available to your application. Article 41-B 1-virtual audiovisual commercial communication can only be inserted virtual audiovisual commercial communication in places where previously exist and be visible commercial communications provided that they be given greater emphasis and with the agreement of the organisers of the event broadcast and broadcast rights holders. 2-consumers should be informed of the insertion of virtual audiovisual commercial communication at the beginning and end of each program in which they occur. 3-it is prohibited to insert virtual audiovisual commercial communication in creative works, as defined in subparagraph (g)) of paragraph 1 of article 2 of this law.



PRESIDENCY of the COUNCIL of MINISTERS article 41 51-C Time of issuance the issuance time sponsorship identification, product placement and the production aid, as well as for the dissemination of messages relating to public services or public interest purposes and appeals from humanitarian content transmitted free of charge, within the framework of services of television programmes or on-demand audiovisual services , is not subject to any limitation. Article 41-D 1-Interactivity is allowed inclusion in advertising spaces inserted in television programmes or audiovisual services at the request of features that allow the gateway to interactive environment that contains advertising. 2-the inclusion of interactive features referred to in the preceding paragraph in the course of children's programs and in the five minutes immediately preceding and subsequent to your transmission. 3-the interactive environment that contains advertising is necessarily preceded by an intermediate warning screen that contains clear information on the fate of this transition and easily return to the linear environment. 4-the provision on services of television programmes of the features referred to in the preceding paragraph shall apply the General rules regarding advertising, particularly those who consecrate your subject and content restrictions.

PRESIDENCY of the COUNCIL of MINISTERS article 77-52 the administrative offences committed by on-demand audiovisual services 1-When the offences referred to in articles 75, 76 and 77 are carried through on-demand audiovisual services minimum and maximum limits of the respective fines are reduced to a room. 2-the practice of administrative offences provided for in article 77 through on-demand audiovisual services can give rise to the suspension of on-demand audiovisual service or program in which they are committed, depending on the seriousness of the offence for a period of 1 to 10 days. Article 86-the relocation of 1 emissions-the regulatory authority for the media may adopt appropriate measures necessary and proportionate to the cessation of infringements committed through program services provided by television operators under the jurisdiction of another Member State ensure that such services are wholly or mainly directed to the Portuguese territory and the respective operators established in another Member State to circumvent the stricter rules that would be subject under the jurisdiction of the Portuguese State. 2-the measures referred to in the preceding paragraph may only if taken when, after having formulated a detailed request to the Member State competent to do end the infringement, the regulatory authority for the media: a) has been informed that, within two months, the results obtained, or consider such unsatisfactory results; and PRESIDENCY of the COUNCIL of MINISTERS 53 b) Has subsequently reported, so grounded, the European Commission and the Member State concerned intends to adopt such measures, without that, within three months, the Commission opposes the decision. 3-the regulatory authority for the media ensures the procedures to ensure reciprocity in the exercise of the discretion referred to in paragraph 1 by other Member States in respect of television programmes services of television operators subject to the jurisdiction of the Portuguese State. 4-the regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform in accordance with paragraph 2, which are addressed in the situations mentioned in the previous paragraph. Article 86-B restrictions on on-demand audiovisual services 1-the regulatory authority for the media can, in no way proportionate to the objectives to protect, prevent the supply of programs included in catalogs of on-demand audiovisual services that violate the provisions of paragraphs 2 and 10 article 27. 2-in the case of on-demand audiovisual services from other Member States of the European Union, the course of action referred to in the preceding paragraph should be preceded by: a) of the request to the Member State of origin of the service provider that put an end to the situation; or PRESIDENCY of the COUNCIL of MINISTERS 54


(b)) this Case has not done, or actions to take are inadequate, the notification to the European Commission and the Member State of origin of the intention to take restrictive steps. 3-In case of emergency, the regulatory authority for the media can take restrictive measures not preceded the notifications to the Commission and the other Member States of origin provided for in the preceding paragraph. 4-in the case referred to in paragraph 1 of this article, the regulatory authority for the media must notify the restrictive measures without delay to the Commission and to the Member State to whose jurisdiction the operator of on-demand audiovisual services is subject, indicating the reasons why it considers that there is a situation of urgency. 5-the regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform in accordance with paragraph 2, which are addressed in the situations referred to in the preceding paragraph. '

Article 6 Amendments 1-systematic changes the title of Act No. 27/2007, of 30 July, which is the ' law of television and on-demand audiovisual services». 2-Chapter II of law No. 27/2007, of July 30, is headed ' the taking of television '.

PRESIDENCY of the COUNCIL of MINISTERS 55 3-section III of chapter IV of law No. 27/2007, of July 30, is headed ' audiovisual commercial communication '. 4-are added to section III of chapter IV of law No. 27/2007, of July 30, the following subsections: a) Subsection I, with the title ' television advertising and teleshopping ', which includes articles 40 to 40-c. b) subsection II, with the title ' other forms of audiovisual commercial communication, which includes articles 41 to 41-d. 5-chapter V of law No. 27/2007 , July 30, is replaced by the heading ' public service '. Article 7 application of the law at the time the provisions of article 41 of law No. 27/2007, of 30 July, as amended by this Act, applies only to programmes produced after 19 December 2009. Article 8 the following shall be repealed: the set Standard) paragraph 2 of article 2, article 85, article 89 and paragraph 2 of article 98 of the law No. 27/2007, of July 30; b) paragraphs 1 to 4 of article 24 and articles 25 and 25A of the Advertising Code, approved by Decree-Law No. 330/90 of 23 October.



PRESIDENCY of the COUNCIL of MINISTERS article 9 56 Republication is republished, in the annex to this law, which is an integral part, law No. 27/2007, of July 30, with the current wording.

Article 10 entry into force this law shall enter into force 30 days after your publication.

Seen and approved by the Council of Ministers of 8 June 2010 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency, PRESIDENCY of the COUNCIL of MINISTERS 57 ANNEX law No. 27/2007, of July 30 (law of television and on-demand audiovisual services) CHAPTER I General provisions Article 1 subject-matter this law is to regulate the business of television and your exercise as well as the offer to the public of audiovisual services on request, transposing to the internal legal order the directive no. 89/552/EEC of 3 October 1989, as amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June and by Directive No. 2007/65/EC of the Parliament and of the Council , 11 December. Article 1-1 arrangements-Are still applicable to on-demand audiovisual services rules on information society services and electronic commerce of Decree-Law No. 7/2004, of 7 January, as amended by Decree-Law No. 62/2009, of 10 March, that suit to your nature, provided they do not contradict the provisions of this law. 2-Notwithstanding the provisions of this law, still apply to audiovisual commercial communications, with the necessary adaptations, the provisions of the Advertising Code, approved by Decree-Law No. 330/90 of 23 October, and supplementary legislation, as well as in law No. 37/2007 of 14 August and Decree-Law No. 176/2006 of 30 August.

PRESIDENCY of the COUNCIL of MINISTERS article 2 58 1-Definitions for the purposes of this law: (a)) ' television ' Activity, the activity which consists in the Organization, or in the selection and aggregation of services of television programmes with a view to your transmission, intended for reception by the general public; b) ' production aid ' means the audiovisual commercial communication consisting of the inclusion of or reference to a product or service in a programme free of charge; c) ' Self-promotion ' audiovisual commercial communication, broadcast by a television operator or by an operator of on-demand audiovisual services on their own products, services, services of television programmes on-demand audiovisual services, or its programs, as well as to cinematographic and audiovisual works in which have participated financially; d) ' product placement ', audiovisual commercial communication consisting of the inclusion of or reference to a product or service, or the respective trademark, a programme, in return for payment or for similar consideration; e) ' audiovisual commercial communication ' means the presentation of images, with or without sound, designed to promote, directly or indirectly, the goods, services or image of a natural or legal person who carries out an economic activity, including television advertising, teleshopping, sponsorship, product placement, production aid and self-promotion; f) ' audiovisual commercial communication ' means a virtual audiovisual commercial communication resulting from the replacement, by electronic means, of other commercial communications;

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g) ' Domain ' is 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, considering, in any case, 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. h) ' creative work», cinema or audiovisual work based on structured elements of creation, including long and short films and animation, documentaries, reportage, debates, interviews, television movies, television series, musical, artistic or cultural programs and educational programs or educational component; I) «European Works» film or audiovisual production which meets the requirements set out in paragraph n) of article 1 of Directive 89/552 number/EEC of the Council of 3 October, as amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June, and by Directive No. 2007/65/EC of the European Parliament and of the Council of 11 December; j) ' distribution ' operator, the legal person responsible for the selection and aggregation of television programs and services by your provision to the public through electronic communications networks;

PRESIDENCY of the COUNCIL of MINISTERS 60 l) "on-demand audiovisual services operator ' means a natural or legal person responsible for the selection and arrangement of the contents of on-demand audiovisual services in the form of catalog. m) ' television ' operator the legal person legally entitled to the pursuit of the activity of television, responsible for the Organization of services of television programmes; n) ' sponsorship ' means audiovisual commercial communication consisting of the contribution made by natural or legal persons, public or private, other than television operators, on-demand audiovisual services operators or producers of audiovisual works, to the financing of television programmes or services on-demand audiovisual services, or its programs, with the aim of promoting your name , mark, image, activities or products; the) ' independent producer ' shall mean the legal person whose principal activity consists in producing cinematographic or audiovisual works, since they occur cumulatively the following requirements: (i)) share Capital held, directly or indirectly, by more than 25% by an operator or television in more than 50% in the case of several television operators; II) annual limit of 90% of sales for the same television operator; III) detention of the ownership of the rights to the works produced, with clear definition of contract of the type and duration of the broadcast rights ceded to television operators; IV) Freedom in the form of development of the works produced, in particular as regards the choice of studios, actors, resources and distribution;

PRESIDENCY of the COUNCIL of MINISTERS 61 p) ' programme ' means a set of moving images with or without sound, which is an autonomous part of a programming service of television shows or a catalogue of audiovisual service on request. q) ' television advertising ', audiovisual commercial communication disseminated on television services in return for payment or for similar consideration, or with autopromocional character, by a natural or legal person, public or private undertaking in connection with a trade, business, craft or profession in order to promote the supply upon payment of goods or services, including immovable property, rights and obligations; r) on-demand audiovisual service ' or ' non-linear ' audiovisual service, to offer the general public a catalog of programs and contents in text accompanying them, including subtitling and electronic programme guides, selected and organised programming under the responsibility of an on-demand audiovisual services operator, for viewing of a user, the individual request and a moment for this chosen through electronic communications networks within the meaning of law No. 5/2004, of 10 February, not including in this concept: i) any form of private communication; II) audiovisual content produced by users for being shared preferably within groups with common interests; III) electronic versions of newspapers and magazines and audiovisual content complementary; s) ' television shows service ' means the unit of sequential programming provided by a television operator, organized on the basis of a programming grid;

PRESIDENCY of the COUNCIL of MINISTERS 62 t) «Telepromoção», television advertising inserted during the stage of a program interruption, through the advertisement of goods or services by the presenter; u) ' teleshopping ', audiovisual commercial communication consisting of the direct offers broadcast to the public with a view to the supply of goods or services against payment; v) «tv», transmission, in unencoded or encoded form, of non-permanent images, with or without sound, through an electronic communications network, intended for simultaneous reception by the general public, not including in this concept: i) communication services intended to be received only upon individual request; II) the mere retransmission of foreign broadcasts; III) timely transmission of events, through technical devices installed in the vicinity of the respective places of occurrence and targeting audiences there. 2-[Repealed]. Article 3 scope of application 1-Are subject to the provisions of this law: a) the services of television programmes transmitted by operators who continue the television activity under the jurisdiction of the Portuguese State; b) on-demand audiovisual services provided by operators operating your offer under jurisdiction of the Portuguese State.

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2-consider themselves under the jurisdiction of the Portuguese State television operators and operators of on-demand audiovisual services which meet the criteria set out in article 2 of Directive 89/552 number/EEC of the Council of 3 October, amended by Directive 97/36 number/CE, of the European Parliament and of the Council of 30 June and by Directive No. 2007/65/EC Parliament and of the Council of 11 December. 3-the provisions of the preceding paragraph shall apply mutatis mutandis to distribution operators. Article 4 Transparency of ownership and management 1-shares representing the capital stock of the television operators that are in the form of a public limited company are obligatorily nominative. 2-the relationship of the holders and the holders of shares in the capital stock of the television operators, the composition of its organs of administration and management and the identification of the person responsible for guidance and supervision of the content of their broadcasts, are made public on the website of the respective media and should be updated in the seven days following the occurrence of the corresponding fact establishing whenever : a) A holder or possessor attains or exceeds 5%, 10%, 20%, 30%, 40% or 50% of the capital or of the voting rights; (b)) A holder or holder reduce your participation to less than each of the percentages referred to in the preceding sub-paragraph; c) changing the operator domain Occurs; d) Occurs change in composition of the administrative and management or in the structure of responsibility for orientation and for overseeing the content of broadcasts.

PRESIDENCY of the COUNCIL of MINISTERS 64 3-the ratio referred to in the preceding paragraph shall include, with the necessary updates: a) the breakdown of percentages for the participation of the respective holders and owners; b) identification of the entire chain of entities who should be allocated a participation of at least 5% of the operators concerned; and (c)) the indication of the holdings of those holders and holders in other media. 4-in the absence of electronic, information and site updates referred to in paragraphs 2 and 3 are reported by television operator an additional charge to the ERC, providing the your public access. 5-the provisions of paragraphs 2 and 3 shall apply mutatis mutandis to non-corporate legal persons pursuing the activity of television, including associations, cooperatives or foundations. Article 4-Obligations of identification 1-television operators, distribution and on-demand audiovisual services are required to disclose, in order to allow an easy, direct and permanent access: a) The respective names or designations; b) the name of the director or responsible for each service, when applicable; c) the geographical address at which he is established; d) their means of contact, namely, telephone and electronic postcards; and the identity and contact details of) regulatory bodies.

PRESIDENCY of the COUNCIL of MINISTERS 65 2-in the case of services of television programmes is still required to provide permanently, except for the advertising blocks, a visual element that permits the identification of each service, and the information referred to in paragraph 1 released: in its electronic site) whose address must be disclosed at the beginning and end of each news service or When not include informational programming, during their emissions at intervals not exceeding 4 hours; b) if and to the extent that is feasible, additional services such as Teletext pages and electronic programming guides. 3-on-demand audiovisual services the information referred to in paragraph 1 is made available in the electronic pages that allow access to their programs. 4-The on-demand audiovisual services operators are required to report to the regulatory authority for the media, by electronic means, the beginning and end of each of its services, the elements referred to in subparagraphs (a)) d) of paragraph 1 and its updates. 5-the communications referred to in the preceding paragraph are made in 10 working days following the occurrence of the fact that the warrants were not subject to any fees or charges. Article 4-B competition, concentration and pluralism 1-applies to television operators the General system of protection and promotion of competition.



PRESIDENCY of the COUNCIL of MINISTERS 66 2-concentrations between television operators subject to intervention of the competition regulatory authority are subject to a prior opinion of the regulatory authority for the media, which is binding only when there is founded risk to free expression and confrontation of different opinions. 3-Any natural or legal person may hold, directly or indirectly, in particular by means of a domain, a number of licenses television services not conditioning access free not less than 40% of the program services-enabled counterparts the same coverage area. 4-the practice of legal acts which involve the change of operators operating in the television business through license can only occur three years after the original assignment of license, two years after the modification of the approved project or one year after the last renovation, and is subject to authorization by the regulatory authority for the media. 5-the regulatory authority for the media decides, ears stakeholders, within 30 working days, after checking and weighting of determining initial conditions 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. 6-the preceding paragraphs shall apply, mutatis mutandis, to legal persons of a non-corporate, including associations, cooperatives or foundations operating in the television business, the regulatory authority for the media, if they are meeting the requirements for the completion of the operation, promote the respective changes to the title's license for the activity.

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Article 5 Public Service 1-the State ensures the existence and operation of a public service broadcasting in accordance with chapter V. 2-public service television can integrate on-demand audiovisual services or other audiovisual services necessary for the attainment of its purposes. Article 6 principle of cooperation 1-the regulatory authority for the media promotes and encourages the adoption of co-regulatory, self-regulatory mechanisms and cooperation between the various operators of television and on-demand audiovisual services which make it possible to achieve the objectives referred to in the following paragraph. 2-the State, the public service and the other tv operators and on-demand audiovisual services must cooperate with each other in pursuit of the values of human dignity, the rule of law, democratic society and national cohesion and the promotion of the Portuguese language and culture, taking into account the special needs of certain categories of viewers. Article 7 1 coverage areas-the services of television programmes can have international coverage, national, regional or local level, depending on intended to encompass, respectively: a) Of predominant form the territory of other countries; b) the generality of the national territory, including the autonomous regions;

PRESIDENCY of the COUNCIL of MINISTERS 68 c) A district or a set of contiguous districts or a metropolitan area on the Mainland, or a set of Islands, the autonomous regions; d) A municipality or contiguous municipalities and neighbouring areas, if any, in accordance with the technical requirements necessary to cover those in the Mainland, or an island with several municipalities, Autonomous regions. 2-the geographical area assigned to each service nationwide television programs should be covered with the same program and recommended, unless authorized by signal to the contrary, to be granted by decision of the regulatory authority for the media, and without prejudice to the use of additional coverage, when properly authorized. 3-the decision referred to in the preceding paragraph lays down the time limit of discontinuity of the issue up to a maximum of 2 hours per day, and may be extended, in accordance with the procedure laid down therein, in exceptional and duly justified situations. 4-the ratings referred to in this article shall compete to the regulatory authority for the media and are set out in the licence or authorization Act, without prejudice to your subsequent amendment, at the request of the parties concerned, subject to the conditions of the exercise of the activity that their operators are bound, under the conditions laid down in article 21. Article 8 typology of television programmes 1 services-the services of television programmes can be generalists or thematic and conditional access or not conditioning and, within these, not conditioning free access or not access conditioning with signature. 2-is deemed to be generalist services of television programmes that present a diverse programming and addressed to the public as a whole.

PRESIDENCY of the COUNCIL of MINISTERS 69 3-thematic services of television programmes which have a predominantly programming model centered on specific substances or audiovisual genres, or directed preferentially to certain segments of the public. 4-themed tv shows of self-promotion and teleshopping may not integrate any other elements of conventional programming, such as news services, sports broadcasts, movies, series or documentaries. 5-Are not conditioned access free television services made available to the public without any counterpart and not conditioning access with subscription television services made available to the public by a counterpart for access to distribution infrastructure or for your use. 6-are conditional access television services made available to the public through specific contribution, not considering as such the amount due for access to distribution infrastructure, as well as for your use. 7-the ratings referred to in this article shall compete to the regulatory authority for the media and are assigned at the time of license or authorization, without prejudice to your subsequent amendment, at the request of the parties concerned, subject to the conditions of the exercise of the activity that their operators are bound, under the conditions laid down in article 21. Article 9 purposes of television activity 1-Are the television activity, depending on the nature, the subject and the area of coverage of the television programmes available services: a) contribute to the information, training and public entertainment;

PRESIDENCY of the COUNCIL of MINISTERS 70 b) Promote the exercise of the right to inform, to inform and to be informed, with accuracy and independence, without hindrance or discrimination; c) Promote citizenship and democratic participation and to respect the political, social and cultural pluralism; d) Disseminate and promote the Portuguese language and culture, the creators, artists and scientists expressing values and national identity. 2-the purposes referred to in the preceding paragraph shall be taken into account in the selection and aggregation of services of television programmes to be made available to the public by the operators of distribution. Article 10 technical standards technical conditions governing the business of television and the fees to be paid for the assignment of rights or use of resources necessary for transmission are set out in the applicable legislation in the field of electronic communications.

CHAPTER II the taking article 11 television operators ' Requirements 1-television activity consists in organising services of General or thematic information programmes of international, national or regional scope can only be pursued in accordance with the provisions of this law, by commercial companies that have as subject your main exercise.

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2-television activity consists in organising services of General or thematic informative programs locally can only be pursued in accordance with the provisions of this law, by commercial companies whose prime object the exercise of media activities. 3-the minimum required capital television operators lack of license for the activity of television is to: a) € 5 000 000 in the case of operator that provides services of television programmes national or international coverage generalists; b) 1 000 000 in the case of operator that provides services of television programmes cover thematic national or international; c) 100 000 € or € 50 000, depending on the case of operators who provide services of television programmes of regional or local coverage, regardless of your type. 4-the minimum required capital distribution services operators of television programmes of conditional access or not conditioning with signature using the terrestrial terrestrial spectrum is: a) € 5 000 000 in the case of a network covering the whole of the national territory, including the autonomous regions; b) € 500 000, in the case of a network covering a set of districts on the Mainland or a set of Autonomous regions, Islands or an island with several municipalities, or a metropolitan area; c) € 100 000, in the case of a network covering a municipality or contiguous municipalities.

PRESIDENCY of the COUNCIL of MINISTERS 72 5-exceptions to the provisions of paragraphs 1 and 2 operators only exploit, not-for-profit, educational television services, cultural and scientific dissemination, which can take the form of association or Foundation. 6-the capital of the operators should be held entirely in the 30 days after the notification of the decisions referred to in article 18, under penalty of revocation of license or authorization. Article 12 1 Restrictions-television activity cannot be conducted or financed, directly or indirectly, for parties or political associations, unions, employers or professionals, public associations professionals, except if that activity is exclusively carried out via the Internet and consists of the Organization of services of doctrinal nature programs, institutional or scientific. 2-Notwithstanding the provisions of article 5, the television activity cannot be exercised by the State, the autonomous regions, local authorities and their associations, directly or through State or regional public companies, municipal companies, or metropolitan Intercity, except where that activity is exclusively carried out via the Internet and consists of the service organization of institutional nature or scientific programs. 3-the granting of support to the activity of municipalities is limited to the organisation and provision of services of local programs that are enabled for the area of the respective District (municipal) and must comply with the principles of publicity, objectivity, non-discrimination and proportionality, and is subject to approval by a two-thirds majority of the members of the respective municipal assemblies.



PRESIDENCY of the COUNCIL of MINISTERS article 13 73 Access Modes 1-television activity is subject to licensing, by tender, opened by decision of the Government, when use the wireless spectrum for the terrestrial broadcasting, in accordance with national frequency allocation Table and consist of: a) on the Organization of services of television programmes not conditioning free access; (b)) in the selection and aggregation of television services of conditional access or not conditioning with signature. 2-in the case of services of access programs conditioning free licenses are individualized according to the number of television services to be provided by each operator. 3-in the case of television programmes services of conditional access or not conditioning with signature, are assigned, within the same competition, two titles, enabling one that confers rights of use of radio frequencies or frequency sets involved and another for the selection and aggregation of television services to be provided by an operator. 4-television activity is subject to authorisation at the request of the parties, when is in the Organization of services of television programmes that: the non-terrestrial spectrum) land intended for broadcasting, in accordance with national frequency allocation Table; (b)) are intended to integrate the offer of a distribution operator previously licensed for television activity, in accordance with point (b)) of paragraph 1.

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5-authorisations are individualized according to the number of television services under the jurisdiction of the Portuguese State to provide for each operator. 6-the exception to the preceding paragraphs the public television service, under the conditions laid down in chapter v. 7-the licenses and authorizations for the television activity shall not be transferable. 8-television activity is subject to registration, in accordance with article 19, when of diffusion of television programmes services exclusively via the Internet and that are not subject to retransmission through other networks. Article 14 the frequency Planning of radio spectrum planning for the tv activities the national regulatory authority for communications, heard the regulatory authority for the media. Article 15 public tender for services of access programs conditioning free 1-without prejudice to the procedures for the granting of rights of use of frequencies, in charge of the national regulatory authority for communications in accordance with the law No. 5/2004, of 10 February the tender for licensing the activity of television that consist in the Organization of services of access programs conditioning is opened by order of the Member of the Government responsible for the media, which must contain the respective subject and regulation. 2-the requirements as to the coverage area, the types of programs and services to the number of hours their emissions must obtain express Foundation in the text of the regulation, taking into account the public interest aimed at safeguarding.

PRESIDENCY of the COUNCIL of MINISTERS 75 3-the regulation identifies the conditions for the admission of applications, as well as the documentation that must accompany, in order to allow the verification of the compliance of applicants and projects legal and regulatory requirements, in particular: a) the requirements of operators and restrictions on the exercise of the activity; (b)) the rules on concentration of media ownership; c) the correspondence of the projects covered by the tender; d) to the economic and financial viability of projects; and) coverage and obligations to its phasing; f) the sufficiency of human and technical resources to be allocated; g) the attestation of tax situation regularized and the presentation of the original certificate be waived pursuant to Decree-Law No. 114/2007, of 19 April. 4-for the purposes of grading of candidates to contest and in the case of television services nationwide generalists are even taken into account the following criteria: a) the contribution of each one of the projects to qualify the television offer in the area that they cover, gauged in the light of the guarantees of Defense of pluralism and independence in the face of political and economic power , highlight granted to information and constitutionally recognized rights to journalists, the General coherence of programming presented with its editorial status and adequacy of the socio-cultural projects for which they are intended; b) the contribution of each one of the projects for the diversification of the television offer in the area that they cover, calibrated in function of your originality, innovation and creativity, investment and guarantee access rights to minorities and underrepresented trends;

PRESIDENCY of the COUNCIL of MINISTERS 76 c) the contribution of each one of the projects for the dissemination of creative works, independent and original Portuguese language; d) legal standards and commitments made during the previous financial year licensed activity; and general policy lines) of human resources, particularly with regard to recruitment, training plans and professional qualification. 5-for the purposes of grading of candidates to contest and in the case of television programmes or thematic services of regional or local, are taken into account, where applicable, the criteria referred to in the preceding paragraph. 6-the densifica regulation the criteria for grading of candidates to tender as provided for in paragraphs 4 and 5 and assign them each a weighting. 7-the regulation sets the value of the collateral and the respective release scheme according to the principles of appropriateness and proportionality in relation to the fulfilment of the obligations which aims to safeguard, taking into account the typologies and the territorial scope of the services of television programmes to license. 8-the contract documents, which contain the obligations and conditions of the exercise of the activity, should be patent since the date of publication of the call for competition Ordinance until the day and time of opening of the corresponding public Act, in accordance with her set. 9-the regulatory authority for the media pronounced mandatory prior on the subject of the contest, its rules and specifications within 20 working days of your receipt. 10-after the period referred to in the preceding paragraph, the draft regulation is subjected, for a period of 30 days, the public appreciation, being to the effect published in the second series of the Diário da República and the responsible Government Department's electronic site.

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Article 16 public tender for services of access programs conditioning with signature and conditioning 1-invitation to tender for the allocation of rights of use for frequencies and licensing for television activity consisting in the selection and aggregation of services of access programs conditioning with signature or conditioning is opened by order of government officials responsible for the areas of media and communications , which must contain the respective subject and regulation. 2-the requirements regarding the area of coverage and typology of the programs provide services must obtain express Foundation in the text of the regulation, taking into account the principles of good management of the radio spectrum and the public interest aimed at safeguarding. 3-the regulation identifies the conditions for the admission of applications, including the documentation that must accompany, which should focus in particular on the economic and financial viability of the projects, the obligations and their phasing and the compliance of applicants and projects to the subject of the tender and to sectoral legal requirements cannot be admitted applicants who do not have your tax situation regularized or have debts to social security. 4-Constitute criteria for grading of applications contest, considering jointly, in accordance with their respective competences, by the regulatory authority for the media and for the national regulatory authority for communications: a) The economic and financial costs associated with the projects;

PRESIDENCY of the COUNCIL of MINISTERS 78 b) the contribution of the projects to the development of the information society, for the qualification of the television offer, for the production of European works and for the dissemination of creative works of original production in Portuguese language. 5-densifica legal regulation the criteria of grading of candidates to contest and assign them each a weighting. 6-the regulation sets the value of the collateral and the respective release scheme according to the principles of appropriateness and proportionality in relation to the fulfilment of the obligations which aims to safeguard. 7-the contract documents, which contain the obligations and conditions of the exercise of the activity, should be patent since the date of publication of the call for competition Ordinance until the day and time of opening of the corresponding public Act, in accordance with her set. 8-the regulatory authority for the media and the national regulatory authority for communications they necessarily prior on the subject of the contest, its rules and specifications within 20 working days of your receipt. 9-once the time limit referred to in the preceding paragraph to the consultation of the draft regulation, this is subjected, for a period of 30 days, the public appreciation, being to the effect published in the second series of the Diário da República and the electronic site of the governmental departments responsible.



PRESIDENCY of the COUNCIL of MINISTERS 79 article 17 1 processes Statement-licensing procedures or authorization referred to in (a)) of paragraph 1 and in paragraph 4 of article 13 are instructed by the regulatory authority for the media, which promotes the collecting of the opinion of the national regulatory authority for communications in respect of technical conditions of applications. 2-licensing procedures provided for in paragraph b) of paragraph 1 of article 13 are instructed by the national regulatory authority for communications. 3-in cases referred to in the preceding paragraph, the national communications regulatory authority submits the verification of the regulatory authority for the media filling of the conditions for the admission of applications to respect your competence to. 4-applications for authorisation are accompanied by the documentation set by Ordinance to be approved by the Member of Government responsible for the media. 5-the competent regulatory authority for the statement notifies applicants, within 15 days of receipt, of any shortcomings in their processes, which should be supplied in 15 days. 6-The application procedures that do not meet the conditions for admission laid down in Ordinance of tender are refused by the competent regulatory authority, by means of a reasoned decision. 7-the procedures allowed by the competent regulatory authority must, after the supply of any shortcomings, be subject to assignment or rejection decision of securities enablers required within 90 days, in the case of the licensing process, or 30 days, in the case of authorization.

PRESIDENCY of the COUNCIL of MINISTERS article 18 allocation 80 or 1 permits-the regulatory authority for the media, renew, amend or revoke the licenses and authorizations for the business of television. 2-is condition of licensing for television activity consists in the provision of services of General television programmes nationwide General coverage of the national territory, including the autonomous regions. 3-allocation decisions and exclusion are expressly justified by reference to completion of the conditions of admission and each one of the graduation criteria referred to in articles 15 and 16, as well as to questions raised in the hearing of interested. 4-the regulatory authority for the media can only refuse the granting of an authorization when: is concerned) compliance of operators and their projects to the applicable legal requirements; b) regularization of the fiscal situation of the applicant and to the social security; c) the technical quality of the project submitted. 5-securities enablers television activity set out obligations and conditions the program services link ratings, television programmes and services obligations and the phasing of its coverage. 6-the decisions referred to in paragraph 3 shall be notified to the interested parties, published in the second series of the Gazette and made available on the electronic site of the regulatory authority for the media, accompanied by the titles containing the purposes and obligations enablers that are linked or authorized licensed operators.

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7-it is for the national regulatory authority for communications, renew, amend or revoke the enabling title that confers the rights of use of radio frequencies or frequency sets intended for provision of the services of television programmes not conditioning access free conditioner with signature or conditioning, pursuant to the law No. 5/2004, of 10 February, subject to the licensing regime established in this law. Article 19 registration of operators 1-it is the regulatory body for the media organizing a register of operators and television services and distribution of television programmes with a view to the publication of your property, your organization, your operation and its obligations, as well as the protection of your designation. 2-the regulatory authority for the media proceeds automatically registers and endorsements of your activity arising from licensing and authorisation. 3-The television and distribution operators are required to report to the regulatory authority for the media the information needed for the purposes of registration, as well as to your update, as set out in the implementing decree. 4-the regulatory authority for the media may at any time carry out audits to supervision and control of the elements provided by television and distribution operators.



PRESIDENCY of the COUNCIL of MINISTERS 82 article 20 Early television operators emissions must start emissions from television services licensed or authorized within 12 months from the date of the final decision to award the corresponding title enabled. Article 21 compliance with approved project 1-the pursuit of the activity of television depends on the fulfilment, by the operator, the conditions and terms of the project licensed or authorized the modification of this subject to approval of the regulatory authority for the media, which is pronounced within 90 days. 2-the modification of the services of television programmes can only occur at the request, three years after the granting of the license or one year after the granting of the authorization. 3-the modification request must be substantiated having regard, in particular, the legal conditions of that depended on the assignment of license or authorization, market developments and the implications for the potential audience of the programme service in question. Article 22 Term of licences or authorizations 1-licenses and authorizations for the pursuit of the activity of television are issued for a period of 15 years and renewable for equal periods. 2-the application for renewal of licences or permits must be submitted to the regulatory authority for the media between 240 and 180 days before the expiry of the time limit concerned.

PRESIDENCY of the COUNCIL of MINISTERS 83 3-the regulatory authority for the media decides on the application for renewal of licences or authorizations until 90 days before the expiry of the time limit concerned. 4-the renewal of licences and authorizations is accompanied of densification, by the regulatory authority for the media, in the light of evolution however occurred in the audiovisual landscape of the obligations to which operators are bound, in order to adapt them to the legal provisions applicable to date. 5-the renewal of licences or authorisations shall be granted only in case of recognized its obligations and conditions to which they are linked to the respective operators. Article 23 mid-term review 1-5 and 10 years on the allocation of licences and permits, the regulatory authority for the media develops and makes public, after hearing of the parties, an evaluation report on the fulfilment of the obligations and the conditions that operators are bound, and should, in accordance with the analysis, issue appropriate recommendations. 2-the reports of the evaluations referred to in paragraph 1, as well as the assessment on the last five-year period of validity of licences and authorizations, shall be taken into account in your decision. Article 24 Extinction and suspension of licences or authorizations or authorizations licenses-1 quenching for the period or for revocation, pursuant to law. 2-licences and authorizations, as well as the programs, can be suspended in the cases and under the conditions laid down in articles 77, 81 and 85.

PRESIDENCY of the COUNCIL of MINISTERS 84 3-revocation and suspension of permits or approvals are the responsibility of the entity to which it is up to your assignment. CHAPTER III Service Distribution of television programmes article 25 1 distribution operators-distribution operators should, in the ordering and presentation of the original television offer, assign priority, successively, to the services of television programmes originally Portuguese expression of general content, General information and scientific, educational or cultural, having regard to the scope of your coverage and access conditions applied. 2-the operators of electronic communications networks used for the television activity are required, by decision of the national regulatory authority for communications issued in accordance with the provisions of paragraphs 1 and 2 of article 43 of law No. 5/2004, of 10 February, the carriage of television services to be specified by the regulatory authority for the media in accordance with s) of paragraph 3 of article 24 of law No. 53/2005 , 8 November. 3-for the purposes of the preceding paragraph, the television operators responsible for the organisation of the services of television programmes referred to therein shall be required to carry out the delivery of the respective signal. 4-the national communications regulatory authority may, in accordance with the procedure laid down in paragraph 3 of article 43 of law No. 5/2004, of 10 February, determine an appropriate remuneration in return for transport imposed obligations.

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5-the regulatory authority for the media can determine proportionate, transparent and non-discriminatory, adequate remuneration in return delivery obligations imposed in accordance with paragraph 3. 6-operators of electronic communications networks requiring the issue of television services and distribution operators must make available network capacity and services distribution of regional and local television programs, as well as for the dissemination of educational or cultural activities, taking into account the characteristics of the composition of the offer and technical and market conditions at every moment observed by the regulatory authority for the media in the context of the procedures of authorization there is place, heard, always to understand necessary, the competition authority or the national regulatory authority for communications. 7-changes to the composition of the offer of services of television programmes distributed or to their conditions of access should take into account the obligations of diversification and pluralism and the respect for the rights of consumers. 8-Regardless of the preceding paragraph, shall be communicated to the consumer, with 30 days notice, any change in the conditions contracted. 9-the information referred to in paragraph 1 shall be accompanied by the indication of the Faculty of resolution of the contract where the changes in the composition or the price of the offer of services of television programmes. 10-the regulatory authority for the media may, in accordance with their respective Statutes, adopt decisions to ensure compliance with the provisions of this article.

PRESIDENCY of the COUNCIL of MINISTERS 86 CHAPTER IV section I information and programming programming and information Freedom article 26 1 operators Autonomy-the freedom of expression of thought through television programmes and services on-demand audiovisual services integrates the fundamental right of citizens to a free and pluralist information, essential to democracy and social and economic development of the country. 2-Except the cases provided for in this Act, the activity of television and on-demand audiovisual services is based on freedom, and Public Administration or any organ of sovereignty, with the exception of the courts, prevent, condition or impose the broadcasting of any programs. Article 27 Limits the freedom of 1-programming the programming of television programmes and services on-demand audiovisual services must respect human dignity and the fundamental rights, freedoms and guarantees. 2-the services of television programmes and audiovisual services the request cannot, through the programming elements which spread, incite to racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation.

PRESIDENCY of the COUNCIL of MINISTERS 87 3-is not allowed the television broadcast of programs likely to manifestly, seriously and gravely harm the free formation of the personality of children and adolescents, in particular those containing pornography on the job access programs conditioning or gratuitous violence. 4-the television broadcast of any other programs which may influírem negatively on formation of the personality of children or adolescents should be accompanied by a permanent broadcast visual identification and can only take place between the 22 hours and 30 minutes and 6 hours. 5-the regulatory authority for the media encourages the elaboration by television operators a common system of classification of television programs, which provide a set of identifiers of the various age levels signals depending on the contents and to respect, in the view of cinematographic works and videograms, the classification of the Commission of classification of shows. 6-exceptions to the provisions of paragraphs 4 and 5 services transmissions of television programmes of conditional access. 7-the preceding paragraphs not only covers any programming elements, including advertising and messages, extracts or images of self-promotion, teletext services and electronic programming guides. 8-programming elements with the characteristics referred to in paragraphs 3 and 4 may be transmitted in any news services when, coating journalistic importance, are presented in compliance with the ethical standards of the profession and escaped a warning about your nature.

PRESIDENCY of the COUNCIL of MINISTERS 88 9-the regulatory authority for the media sets and makes public the criteria followed for the evaluation of non-compliance with the provisions laid down in paragraphs 3 and 4, which must be objective, appropriate, necessary and proportionate to the aims pursued. 10-The on-demand audiovisual services programs that may manifestly, seriously and gravely harm the free formation of the personality of children and adolescents, such as pornographic content, can only be provided through the adoption of appropriate technical features to prevent access to such content by that segment of the public. 11-television operators and operators of on-demand audiovisual services can adopt codes of conduct which meet the requirements contained in this article, ears, in the case of television operators, the respective editorial boards, as part of its mission. Article 28 on freedom of retransmission Limits the provisions of paragraphs 1 to 3 and 7 of the previous article shall apply to the retransmission of television services in the cases and according to the procedures provided for in article 86. Article 29 announcement of the Schedule 1-television operators must inform, with reasonable notice and properly known by the public, on the content and programming services alignment of television programmes that are responsible.

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2-the programming announced, as well as your expected duration and time of issue can only be changed by the operator of television with an advance of more than 48 hours. 3-the obligation referred to in the preceding paragraph may be away when the own nature of events transmitted the warrants, by necessity of informational coverage of unforeseen occurrences or in cases of force majeure. 4-regardless of the advance with occurring and the reasons that determine, programming changes referred to in paragraphs 2 and 3 shall be communicated to the public in the service of programs that respect. 5-the announcement of the expected lineup for the services of television programmes carried out in services or various media must be accompanied by the identification referred to in paragraph 4 of article 27, and such information be provided by the responsible operator. Article 30 compulsory Disclosure 1-must be disclosed through public service television, with due emphasis and utmost urgency, messages whose dissemination is requested by the President of the Republic, the President of the Assembly of the Republic and the Prime Minister. 2-In case of Declaration of a State of siege or State of emergency, the obligation referred to in the preceding paragraph falls also on the remaining television operators.



PRESIDENCY of the COUNCIL of MINISTERS article 31 90 political Propaganda is prohibited television operators, distribution and audiovisual services to request the assignment of spaces of political propaganda, without prejudice to the provisions of Chapter VI. Article 32 1-Acquisition of exclusive rights is void the acquisition for any television operators, exclusive rights for the transmission of political events. 2-In case of acquisition by television operators providing conditional access arrangements or without national coverage, exclusive rights for the transmission, partial or integral, directly or vicariously, of other events which are the subject of widespread public interest, television rights holders are required to provide, in non-discriminatory terms and according to normal market conditions , your access to one or more other operators interested in the transmission that emit via terrestrial with nationwide coverage and access not conditioning. 3-in the absence of agreement between the holder of tv rights and other operators interested in the transmission of the event, there is binding arbitration of the regulatory authority for the media, upon request of either party. 4-the events referred to in the preceding paragraphs, as well as the conditions of their broadcast, included in the list published in the second series of the Diário da República, until 31 October each year, by the Member of Government responsible for the sector, heard the regulatory authority for the media, without prejudice to the publication of exceptional additions determined by incidental and unpredictable occurrence of facts of the same nature.

PRESIDENCY of the COUNCIL of MINISTERS 91 5-holders of exclusive rights for the transmission of any events are required to cede its signal live or deferred, to operators with international emissions to use restricted to these, under conditions to be set in Decree-Law, which establishes the criteria of the consideration for the transfer, with the lack of agreement between the interested the binding arbitration of the regulatory authority for the media. 6-television operators subject to this law is denied the exercise of exclusive rights in terms that prevent a substantial proportion of the public of another Member State of the European Union to follow, on free television, events in the lists referred to in paragraph 8 in accordance with the conditions laid down therein. 7-non-compliance with the provisions of paragraphs 2 or 6 does not rise to the application of the respective sanctions whenever the holder of the exclusive demonstrate the impossibility of carrying out the obligations laid down therein. 8-for the purpose of paragraph 6, the final list of measures taken by the Member States, as published in the official journal of the European Union, is published in the second series of the Diário da República at the initiative of the Member of Government responsible for the media. Article 33 the right to informational extracts 1-responsible for conducting of shows or other public events occurring in the national territory, as well as holders of exclusive rights imposed on them may not oppose the transmission of short extracts of the same informational nature, on the part of program service provided by any operator, national television or not.

PRESIDENCY of the COUNCIL of MINISTERS 92 2-For the exercise of the right to information provided for in paragraph 1, operators can use the signal issued by the holders of the exclusive rights, supporting only the costs arising from your provision eventually, or resort, as an alternative, the use of technical means, in legal terms that ensure the access of the media to public places. 3-When an operator under the jurisdiction of the Portuguese State holds exclusive rights for the transmission, to the national territory, of events in the territory of another Member State of the European Union, should provide access to their signal to other national operators interested in the transmission of short extracts of informative nature about those events. 4-without prejudice to any agreement to use diverse, the extracts referred to the numbers 1 and 3 must: a) be limited to the duration strictly necessary to the realization of the essential content of the events in question, taking into account the nature of the events, as long as it does not exceed 90 seconds; b) be broadcast exclusively in regular programmes of an informative nature; c) be broadcast in 36 hours following the termination of the event, unless your later inclusion in reports of other current events is justified by the order of information continued; d) identify the source of the images, if released from the signal issued by the holder of the exclusive.

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5-Save agreement to the effect, is only allowed the use of short extracts, informational in nature, related to shows or other public events about which there are no exclusive rights in on-demand audiovisual services when included in programs previously broadcast by the same operator in television programmes. SECTION II obligations of operators article 34 general obligations of operators 1-all television operators shall ensure, on your schedule, in particular via self-regulation practices, observance of an ethic of antenna, which ensure respect for human dignity, fundamental rights and other constitutional values, in particular the development of the personality of children and adolescents. 2-in particular, constitute general obligations of all television operators operate services of television programmes, national coverage generalists: a) Ensure, including at times the highest, the diffusion of a diverse and plural programming; b) Ensure the dissemination of information that respects pluralism, rigor and exemption; c) Ensure a programming and independent information vis-à-vis the political power and economic power; d) Send the messages referred to in paragraph 1 of article 30, in case of Declaration of a State of siege or a State of emergency;

PRESIDENCY of the COUNCIL of MINISTERS and 94) ensuring the exercise of the right of antenna in electoral periods in accordance with constitutional and legally; f) ensuring the exercise of rights of reply and rectification in accordance with constitutional and legally; g) Disseminate creative works of European origin, namely in Portuguese language, and participate in the development of your production, in accordance with the applicable legal standards. 3-the regulatory authority for the media sets, heard the National Institute for rehabilitation, television operators and operators of on-demand audiovisual services, on the basis of a multiannual plan which envisages the gradual fulfillment your, and taking into account technical and market conditions in each moment she checked, the set of obligations concerning the accessibility of television programmes and services on-demand audiovisual services for people with special needs in particular, and the nature of the service, the use of subtitling, interpretation by means of sign language, the audio description or other techniques that are appropriate, as well as the availability of easily understandable navigation menus. 4-other than those provided for in points (a) to (d))) and f) of paragraph 2, obligations of television program services regional or local generalists: a) broaden the television programming of regional or local content; b) disseminate information with particular interest to the geographic scope of the hearing; c) Promote the values characteristic of regional or local cultures. 5-obligations of the services of thematic programmes, taking into account the nature, your points), b) and (g)) and, regardless of your nature, subparagraphs (a) (c)) and f) of paragraph 2.

PRESIDENCY of the COUNCIL of MINISTERS 95 article 35 Responsibility and editorial autonomy 1-each service of television programs must have a director responsible for the direction and supervision of the content of the broadcasts. 2-each service of television shows that include informational programming must have a charge for the information. 3-each operator of on-demand audiovisual services must have a responsible for the selection and arrangement of the catalog of programs. 4-the designation and the dismissal of the responsible for the informational content of the services of television programmes are the responsibility of the television operator, heard the editorial Council. 5-the prior hearing of the Editorial Board is dismissed in the appointment of the first responsible for the informational content of each service to programs and services of doctrinal or denominational nature programs. 6-the positions of management or leadership in the area of information are exercised editorial autonomy, being forbidden to interfere with television operator in the production of the contents of informative nature, as well as in the form of your presentation. 7-exceptions to the provisions of the preceding paragraph the guidelines aimed at strict compliance of legal provisions whose failure results in criminal liability or administrative service provider.



PRESIDENCY of the COUNCIL of MINISTERS article 36 96 editorial Status 1-each service of television programs should adopt a clear and defining editorial status detail, with binding, your guidance and objectives and include the commitment to respect the rights of viewers, as well as the deontological principles of journalists and professional ethics. 2-the editorial status is prepared by the responsible referred to in the previous article, heard the Council, and subject to approval of the owning entity, and must be shipped, in the 60 days following the beginning of broadcasts, the regulatory authority for the media. 3-changes in editorial status follow the terms of the preceding paragraph. 4-the editorial status of the services of television programmes must be available in adequate support to your knowledge by the public. Article 37 news services the services of television programmes generalists must submit regular news services operated by journalists. Article 38 shall be replaced by Council and journalists ' right of participation in television programmes with more than five journalists there is a drafting Board, to elect in the form and with the competencies defined by law.

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Article 39 hours of issue 1-the services of licensed television programmes shall provide programs for at least 6 hours a day. 2-are excluded from discharge of the limit laid down in the preceding paragraph the advertising and teleshopping broadcasts, without prejudice to the provisions of paragraph 4 of article 8, as well as the reproducing images or merely repetitive. Audiovisual commercial Communications SECTION III, SUBSECTION (I) television advertising and teleshopping article 40 reserved television advertising Time and teleshopping 1-the time of issue for the television advertising and teleshopping, in each period between two units of time may not exceed 10% or 20%, depending on the case of television programmes services of conditional access services or television programmes not conditioning access free or not conditioning with signature. 2-are the limits laid down in the preceding paragraph the autopromoções, the telepromoções and the teleshopping blocks. 3-teleshopping blocks shall have a duration of at least 15 minutes.

PRESIDENCY of the COUNCIL of MINISTERS 98 article 40-1 identification and separation-television advertising and teleshopping shall be readily recognizable as such and kept clearly separate from the rest. 2-the separation referred to in the preceding paragraph is made:) between programs and their interruptions, by the insertion of optical and acoustic tabs at the beginning and end of each interrupt, and the initial tab contain, noticeably for the recipients, and where appropriate, the word ' advertising ' or ' teleshopping '. b) going on, screen is split through the demarcation of an area of the screen, never more than a fourth part of this, clearly distinct from the remaining area and identified noticeably to the recipients, with the word ' advertising '. Article 40B 1 Insertion-television advertising and teleshopping may be inserted, provided they do not violate the integrity of the programmes and take into account their natural interruptions, as well as your length and nature, and so as not to prejudice the rights of any holders: a) between programs and the interruptions of programmes; b) Using the entire screen or part thereof. 2-insertion of television advertising and teleshopping may not entail an increase in the level of volume applied to the rest. 3-is prohibited: PRESIDENCY of the COUNCIL of MINISTERS the 99) teleshopping in split-screen; b) teleshopping during and immediately before and after the transmission of children's programmes; c) television advertising in split-screen during the news and political information programmes in children's programmes and in programmes for the diffusion of religious services; d) television advertising in split-screen during the issue of creative works; 4-the transmission of news, political information programs, cinematographic works and films designed for television, with the exception of series, serials and documentaries, can only be interrupted by television advertising and, or, teleshopping once for each period of at least 30 minutes. 5-the transmission of children's programmes can only be interrupted by television advertising once for each programming period of at least 30 minutes, provided that the expected duration for the programme is greater than 30 minutes. 6-any broadcast of A religious service cannot be interrupted for television advertising and insertion, or teleshopping. 7-messages of television advertising and teleshopping, unless presented in transmissions of sports events, can only be inserted in exceptional cases. Article 40-C 1 Telepromoção-the telepromoção is only allowed in light entertainment programmes, particularly in competitions.

PRESIDENCY of the COUNCIL of MINISTERS 100 2-viewers must be informed of the existence of telepromoção at the beginning and end of the programs that use this form of advertising. 3-the telepromoção is immediately preceded by optical or acoustic separator and accompanied by a handle that check the your business nature. SUBSECTION II other forms of audiovisual commercial communication article 41 1-Sponsorship television services and the on-demand audiovisual media services, as well as the related sponsored programs are clearly identified as such by the name, logo or any other distinctive sign of the sponsor of its products or its services. 2-sponsored programs should also be identified at the start, at the beginning and at the end of the programme, without prejudice to such indication could be made at other times cumulatively provided they do not undermine the integrity of the programmes, taking into account their natural interruptions, as well as your length and nature, and to be carried out so as not to prejudice any rights holders. 3-The news services and affairs programmes may not be sponsored. 4-the content of a service of television shows, on-demand audiovisual service or program sponsored or, in the case of services of television programmes, your scheduling, may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence thereof.

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5-programs or programs sponsored, as well as the identification of their sponsorships, cannot directly encourage the purchase or lease of goods or services of the sponsor or of third parties, in particular through specific promotional references to those products or services. Article 41-the placement of product and production aid 1-product placement is only allowed in cinematographic works, films and series made for television programs or services on-demand audiovisual services, sports programmes and light entertainment programmes. 2-product placement is prohibited in children's programs. 3-the content of programmes where there is product placement and, in the case of services of television programmes, your scheduling, may in no circumstances be influenced in such a way as to affect the responsibility and editorial independence thereof. 4-The programs that are not product placement can encourage directly to the purchase or lease of goods or services, in particular through specific promotional references to those products or services. 5-product placement shall not grant undue relief the products, services or trademarks, in particular when the reference made is not justified for editorial reasons or is likely to mislead the public with regard to your nature, or by the applicant form as those elements are presented or put into evidence.



PRESIDENCY of the COUNCIL of MINISTERS-102 6 programmes containing product placement, when produced or commissioned by television operator or by the operator of on-demand audiovisual services making the dissemination thereof, or by an affiliate, your must be appropriately identified at the start, at the end and when your restart after advertising breaks. 7-the granting of production aid to any program when the goods or services used have no significant commercial value, by applying the provisions of paragraphs 3 to 6. 8-the presentation is not permitted during the exhibition of children's programs, any kind of commercial messages likely to harm the physical and mental development of minors, in particular those relating to foods and beverages containing nutrients and substances with a nutritional or physiological effect whose presence in excessive amounts in the diet is not recommended. 9-on the production aid in the goods or services used have significant commercial value shall apply the rules laid down for the product placement, including the administrative in nature. 10-the significant commercial value shall be determined by agreement between the operators of television and audiovisual services on request and subject to ratification of the ERC. 11-in the absence of, or in the absence of subscription of the agreement referred to in the preceding paragraph, the significant commercial value is defined by the ERC, listen to the operators in the sector, and in any case refer the commercial value of the goods or services involved and the advertising value corresponding to the time of broadcast that the good or service is commercially identifiable, in particular by displaying their brand plus the identification time immediately before or after the show, according to the television advertising higher tariff in effect on the date of the first issue of the program or of the first making available to your application.

PRESIDENCY of the COUNCIL of MINISTERS Article 103 41-B 1-virtual audiovisual commercial communication can only be inserted virtual audiovisual commercial communication in places where previously exist and be visible commercial communications provided that they be given greater emphasis and with the agreement of the organisers of the event broadcast and broadcast rights holders. 2-consumers should be informed of the insertion of virtual audiovisual commercial communication at the beginning and end of each program in which they occur. 3-it is prohibited to insert virtual audiovisual commercial communication in creative works, as defined in subparagraph (g)) of paragraph 1 of article 2 of this law. Article 41-C Time of issuance the issuance time sponsorship identification, product placement and the production aid, as well as for the dissemination of messages relating to public services or public interest purposes and appeals from humanitarian content transmitted free of charge, within the framework of services of television programmes or on-demand audiovisual services , is not subject to any limitation. Article 41-D 1-Interactivity is allowed inclusion in advertising spaces inserted in television programmes or audiovisual services at the request of features that allow the gateway to interactive environment that contains advertising. 2-the inclusion of interactive features referred to in the preceding paragraph in the course of children's programs and in the five minutes immediately preceding and subsequent to your transmission.

PRESIDENCY of the COUNCIL of MINISTERS 104 3-the interactive environment that contains advertising is necessarily preceded by an intermediate warning screen that contains clear information on the fate of this transition and easily return to the linear environment. 4-the provision on services of television programmes of the features referred to in the preceding paragraph shall apply the General rules regarding advertising, particularly those who consecrate your subject and content restrictions. SECTION IV Identification of programmes and recording emissions article 42 Identification of programmes the programmes must be identified and contain the relevant elements of their artistic and technical sheets. Article 43 1 emissions Recording-regardless of the provisions of article 92, the emissions shall be recorded and retained for a minimum of 90 days if another longer is not determined by law or by judicial decision. 2-the regulatory authority for the media may at any time request the recordings referred to in the preceding paragraph, and the same, in duly substantiated cases of urgency, be sent within 48 hours.



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Section V Dissemination of audiovisual works article 44 protection of Portuguese language 1-emissions should be spoken or subtitled in Portuguese, without prejudice to the possible use of any other language in the case of programs that meet specific needs of informative type, intended for the teaching of foreign languages or specially targeted at immigrant communities. 2-the services of television programmes of national coverage, with the exception of those whose nature and subject to such objections, must devote at least 50% of their emissions, excluding the time devoted to advertising, teleshopping and Teletext, the dissemination of programmes originally in Portuguese language. 3-Notwithstanding the preceding paragraph, the program services referred to therein must devote at least 20% of the time of their broadcasts to the dissemination of creative works of original production in Portuguese language. 4-the percentages laid down in paragraphs 2 and 3 may be filled up to a maximum of 25% for programs originating in other Portuguese-speaking countries in addition to Portugal. 5-television operators must ensure compliance with the percentages referred to in paragraphs 2 and 3 do not take place during periods of reduced hearing. Article 45 1 European production-television operators that operate services of television programmes of national coverage should incorporate a majority proportion of European works in their programming, once deducted the emission time devoted to news, sports events, competitions, advertising, teleshopping and Teletext.

PRESIDENCY of the COUNCIL of MINISTERS-106 2 on-demand audiovisual services should contribute to the promotion of European works, including through financial contribution for your production or your progressive incorporation in its catalog. 3-The on-demand audiovisual services must confer special visibility in your catalog to European works, adopting features that allow the public to search for your source. Article 46 independent production television operators that operate services of television programmes of national coverage shall ensure that at least 10% of their programming, excluding time devoted to news, sports events, competitions, advertising, teleshopping and Teletext, are filled through the dissemination of European works by independent producers of television, produced for less than five years. Article 47 1-application criteria compliance with the obligations referred to in articles 44 to 46 is evaluated annually and should be taken into account, where applicable, the specific nature of services of television programmes and the operator's responsibilities with regard to information, education, culture and fun. 2-The evaluation reports referred to in the preceding paragraph, containing their conclusions are made public on the website of the regulatory authority for Electronic Media until 30 June of the year following that to which they relate.

PRESIDENCY of the COUNCIL of MINISTERS article 48 107 production support the State must ensure that measures to encourage audiovisual production of fiction, documentary and animation of original creation in Portuguese language, with a view to creating the conditions for compliance with the provisions of articles 44 to 46, through the adoption of legal, financial, fiscal mechanisms or appropriate credit. Article 49 duty television operators and operators of on-demand audiovisual services are required to pay each year to the regulatory authority for the media, according to model for her set, all necessary elements for the exercise of supervision of compliance with the obligations laid down in articles 44 to 46. Chapter V Public Service article 50 1 Principles-the structure and functioning of public service television operator must safeguard your independence vis-à-vis the Government, public authorities and other public authorities, as well as to ensure the possibility of expression and confrontation of different opinions. 2-the public television service ensures compliance with the principles of universality and national cohesion, diversification, quality and indivisibility of programming, of pluralism and of accuracy, impartiality and independence, as well as the principle of innovation.

PRESIDENCY of the COUNCIL of MINISTERS article 51 108 specific obligations of the concessionaire of the public television service 1-the concessionaire of public service broadcasting must, in accordance with the principles set out in the previous article, present a programme that promotes the cultural and civic formation of viewers, ensuring access for all to information, to education and to quality entertainment. 2-the dealership is up to, inter alia: a) providing programming varied and comprehensive, to promote cultural diversity and takes into account the interests of minorities; b) Promote public access to Portuguese cultural manifestations and ensure your coverage; c) Provide free information, rigorous, plural and contextualized, which provides news coverage of major national and international events; d) Ensure the production and transmission of educational and entertainment programmes intended for young audiences and children, contributing to your training; and) Ensure the transmission of cultural programs, educational and informative for specific audiences, including those that make up the various immigrant communities in Portugal; f) Participate in educational activities for the media, ensuring, in particular, the transmission of programs geared to this objective;

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g) Promote the issue of Portuguese language programs, of diverse genres, and reserve the European production considerable part of your time to issue and shall devote them percentages higher than those required by this Act to all television operators, the Mission of each of its program services; h) support the domestic production of films and audiovisual works, in respect for the international commitments which bind the Portuguese State, and the co-production with other countries, especially Europe and the community of Portuguese language; I) Issue programmes especially the Portuguese resident outside of Portugal and to nationals of Portuguese-speaking countries, also residing outside of Portugal; j) Ensure the possibility of emission monitoring for people with special needs, in particular through the use of subtitling, interpretation by means of sign language, the audio description or other techniques that are appropriate, as well as issue specifically targeted programming for that segment of the public, according to the schedule defined in the multi-annual plan referred to in paragraph 3 of article 34 , which takes into account the special responsibilities of public service, provided for under their concession contract; l) Ensure the exercise of the rights of antenna, and replica, in accordance with constitutional policy and legally; m) Send messages whose dissemination is requested by the President of the Republic, the President of the Assembly of the Republic or the Prime Minister;

PRESIDENCY of the COUNCIL of MINISTERS n 110) give in time of issue to the Public Administration, with a view to the dissemination of information of general interest, in particular with regard to public health and safety. Article 52 public television service concession 1-granting public service television is assigned for periods of 16 years, under the terms of the contract concluded between the State and the concessionaire company. 2-granting of public service broadcasting is carried out through the services of television programmes not conditioning access free or, when technological or financial reasons the imposing, not conditioning access subscription. 3-public service award includes necessarily: a) a service of generalist programs distributed simultaneously throughout the country, including the autonomous regions, with the aim of meeting the training needs, informational, cultural and recreational to the general public; (b)) A second generalist programs distributed service simultaneously throughout the country, including the autonomous regions, open to the participation of civil society and with the aim to meet the informational, recreational needs and, in particular, training and cultural education of the various segments of the public, including minorities; c) two services of television programmes especially intended, respectively, to the autonomous region of the Azores and Madeira;

PRESIDENCY of the COUNCIL of MINISTERS 111 d) one or more services from programs aimed at Portuguese language viewers living abroad or specially directed to the Portuguese-speaking countries, which promote the affirmation, valuing and defending the image of Portugal in the world. 4-the services of television programmes referred to in (a)), b) and (c)) of the preceding paragraph are necessarily free access. 5-To legal obligations and contractually established, the granting of the public television service can integrate services of television programmes relating to, inter alia: the specialized information provision), giving particular attention to topics of interest to specific communities and regions, in conjunction with the other services of television programmes, particularly as regards joint management of rights; b) disclosure of the documentary collection from the audiovisual archives of the concessionaire of the public service; c) the educational and training needs of the children and young people; d) the promotion of access to different areas of knowledge. 6-the concession agreement the mentioned paragraph 1 lays down, in accordance with the provisions of this chapter, the rights and obligations of each party and shall define the objectives to be achieved and the qualitative and quantitative criteria which ensure that your implementation, as well as their evaluation forms. 7-the content of the concession contract and the acts or contracts referred to in the preceding paragraph is subject to the opinion of the regulatory authority for the media.

PRESIDENCY of the COUNCIL of MINISTERS 112 8-the concession contract should be reviewed at the end of each four-year period, subject to the changes which occur do. 9-the review process referred to in the preceding paragraph should consider the assessment of the public service and contemplate a public consultation on the objectives and terms of reference for the next four-year term. Article 53 First generalist programs service nationwide service generalist programs nationwide directed to the general public must, taking into account the territorial realities and the various constituent groups of the Portuguese society, grant special relief: a) to information, notably through the broadcasting of debates, interviews, reports and documentaries; (b)) The quality entertainment and expression originating in Portugal; c) the transmission of cultural programmes; d) to the viewers ' awareness of their rights and duties as citizens. Article 54 second service generalist programs nationwide 1-the second service of general national programs comprises a strong cultural component programming and training, and should enhance the education, science, research, art, innovation, social action, dissemination of humanitarian causes, non-professional sport and school sport, the religious faiths, the independent production of creative works the Portuguese cinema, the environment, consumer protection and the audiovisual experimentalism.

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2-the second service of generalist programs nationwide must ensure a high-quality programming, consistent and distinct from other services of public service television programmes, participating in public or private entities with relevant action in areas referred to in the preceding paragraph. 3-with the second program service runs a representative advisory body of the Government partners and civil society with him relate. Article 55 television programmes services of international concern 1-television programmes referred to in point (d)) of paragraph 3 of article 52 are pursuing their own objectives taking into account the national interests as regards the connection to Portuguese communities around the world or to cooperation with the countries of Portuguese language. 2-For the compliance with the provisions of the preceding paragraph, the public television service can perform collaboration agreements with private television operators to broadcast television services generalist, as well as with bodies and public services with relevant activity in those areas. 3-services of international television programmes works an advisory body representing government partners and civil society with him relate. Article 56 Services of regional television programmes 1-television programmes especially for the autonomous regions of the Azores and Madeira should meet the respective social and cultural realities and enhance regional production.

PRESIDENCY of the COUNCIL of MINISTERS 114 2-the services of regional television programmes must cede the sending time public administration, including the regional autonomous administration, with a view to the dissemination of information of general interest, in particular with regard to public health and safety. 3-the concessionaire of the public television service and the regional Government of the Azores and Madeira may establish specific agreements which provide for the financing of additional specific obligations of public service broadcasting, as such defined by their respective legislative assemblies. Article 57 funding and enforcement 1-the State guarantees the financing of public service broadcasting and ensures the proper application, your under the terms established in the law and the concession contract. 2-public funding must respect the principles of proportionality and transparency. 3-the concession contract shall establish a control system to verify compliance with the public service missions and the transparency and proportionality of financial flows associated with, ensuring that these are limited to what is necessary for your pursuit and predicting the appropriate mechanisms to ensure the refund, in case of overcompensation. 4-the concession contract should also prevent the concessionaire to adopt practices justified by the rules of the market that lead to increased costs or the reduction of income. 5-in order to allow a proper and effective management of resources, in accordance with the foreseeable development of the economic and social situation, the burden of financing public service radio and television shall be laid down in a multi-annual horizon, with a duration of four years.

PRESIDENCY of the COUNCIL of MINISTERS 115 6-the estimates referred to in the preceding paragraph shall identify, in addition to the total costs for the period of four years, the annual instalment of these charges. 7-the annual external audit, promoted by the regulatory authority for the media within the limits of their jurisdiction, includes necessarily the verification of compliance with the provisions laid down in paragraphs 2 to 4 of this article. CHAPTER VI Broadcasting Rights, replica policy and response section I common provision Article 58 issuance times Count The tv operators ensure the counting of broadcasting time, and response policy replica, for the purposes of this chapter, giving knowledge of results to interested parties. SECTION II article 59 antenna right access to the right to 1-antenna to the political parties, the Government, trade unions, professional and representative organisations of economic activities and environmental associations and the consumer is guaranteed the right to airtime on public service television.

PRESIDENCY of the COUNCIL of MINISTERS 116 2-For airtime means the programming space own the responsibility of the holder of the right, which should be expressly mentioned at the beginning and end of each program. 3-the entities referred to in paragraph 1 shall be entitled, free of charge and on an annual basis, the following broadcasting time: 10 minutes per party) represented in the Assembly of the Republic, or in the legislative assemblies of the autonomous regions, plus 30 seconds for each elected Member; b) five minutes per party not represented in Parliament, or Legislative Assemblies of the autonomous regions, with participation in the most recent legislative elections, plus 30 seconds for every 15000 votes on them obtained; c) 60 minutes for the Government and 60 minutes for the parties represented in Parliament which do not form part of Government, prorate according to your representation; d) 90 minutes for the trade unions, 90 minutes to the professional and representative organisations of economic activities and 50 minutes for environmental protection associations, consumer and human rights, to prorate according to your representation; e) fifteen minutes for other entities entitled to antenna assigned by law. 4-in the case of autonomous regions, the antenna right referred to in the preceding paragraph shall be exercised by parties that performed the suffrage in elections to the Regional Legislative Assemblies in the program services especially intended for their region.

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5-Each holder may not use the right antenna more than once every 15 days, nor on lasting more than ten or less than three minutes, unless your airtime is lower overall. 6-those responsible for programming shall organize, with the collaboration of the holders of the right and in accordance with this law, general plans of its use. 7-the lack of agreement on the plans referred to in paragraph 1 gives rise to arbitration by the regulatory authority for the media. Article 60 Limitation of 1 antenna-the exercise of the right of antenna cannot occur on Saturdays, Sundays and national holidays, being suspended one month before the date fixed for the commencement of the campaign period in any election or referendum, in accordance with the respective legislation. 2-the right of antenna is not transferable. Article 61 of law and preserve Emission antenna 1-The broadcasting time are issued on the television shows of the highest national coverage immediately before or after the main national newspaper spread between 19 and 22 hours. 2-the right antenna holders should request to reserve the airtime the entitled until 15 days before transmission, and its recording be made or pre-recorded materials delivered by 40 hours before the broadcast of the program. 3-in the case of programmes ready for broadcast, delivery must be made up to 24 hours prior to transmission.

PRESIDENCY of the COUNCIL of MINISTERS 118 4-antenna law holders are provided the essential technical means for carrying out their programs in conditions of absolute equality. Article 62 expiry of the right of the antenna the deadlines laid down in the previous article determines the expiry of the right unless it has occurred by not attributable to your holder, in which case the unused time can be accumulated to use programmed after the cessation of the hindrance. Article 63 right to antenna in election period election periods, the exercise of the right of antenna shall be governed by the applicable electoral legislation, covering all services of television programmes free generalists. SECTION III right to article 64 of Law Policy replica replica of opposition parties policy 1-1-The parties represented in the Assembly of the Republic and which do not form part of the Government have the right to reply, in the same programs, to policy statements made by the Government in public service broadcasting that directly hit them. 2-the duration and the relief granted to the exercise of the right referred to in the preceding paragraph are the same as those of the declarations which they have given rise.

PRESIDENCY of the COUNCIL of MINISTERS 119 3-when more than one party has requested, through its representative, the exercise of the right, the time is prorated in equal parts by several holders, and may never be less than one minute for each intervener. 4-the right to political replica are applicable, mutatis mutandis, the procedures provided for in this law for the exercise of the right of reply. 5-for the purposes of this article, only consider the General or sectoral policy statements made by the Government in your name and as such not identifiable with, in particular, the statements of members of the Government on matters relating to the management of their departments. 6-the preceding paragraphs is correspondingly applicable, program services especially for the autonomous regions, the right of political parties represented in the replica European regional legislative assemblies which do not form part of their regional governments. SECTION IV right of reply and rectification article 65 Assumptions of reply and rectification 1-you have the right of reply in television programmes and audiovisual services on request any natural or legal person, organization, agency or public body that has been the subject of references, albeit indirect, that may affect your reputation or good name. 2-the entities referred to in the preceding paragraph shall have the right of rectification in television programmes and audiovisual on-demand services in which have been bungled or misleading references to them.

PRESIDENCY of the COUNCIL of MINISTERS 120 3-the right of reply and rectification are affected, with the express agreement of the person concerned, the television operator or operator of on-demand audiovisual services has corrected or clarified the text or image in question or you have allowed, otherwise, expose the facts or the views that allegedly would justify the reply or rectification. 4-the right of reply and rectification are independent of criminal procedure by the fact of issuance, as well as the right to compensation for damage caused by it. Article 66 entitled to screening 1-the holder of the right of reply or rectification, or who legitimately represents it in accordance with paragraph 1 of the following article, may require, for the purpose of your exercise, the viewing of the material in the issue in question, which must be provided to the party concerned, within a maximum of 24 hours. 2-the application of screening suspends the deadline for the exercise of the right of reply or rectification, that run 24 hours after the time when the issuing authority has provided. 3-the right to screening also involves obtaining a registration of the issue concerned, upon payment of the cost of the support that is used. Article 67 rights of reply and rectification 1-the right of reply and rectification shall be exercised by the holder, by your legal representative or by the heirs, in 20 days following the issue.

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2-the term of the preceding paragraph shall be suspended when, by reason of force majeure, the people in it referred to are prevented from asserting a right whose exercise is concerned. 3-the text of the response or correction should be delivered to the television operator or operator of on-demand audiovisual services, with signature and identification of the author, through demonstrating the procedure your reception, invoking the right of reply or rectification or the relevant legal provisions. 4-the content of reply or rectification is limited by direct and useful relationship with the references that have caused, and may not exceed the number of words of the text to which they gave rise. 5-the reply or rectification may not contain desprimorosas or disproportionately expressions involving criminal or civil responsibility, which, in this case, only the author of the response or correction may be required. Article 68 decision on the transmission of reply or rectification 1-When the reply or rectification are untimely, come from people without legitimacy, they lacked clearly unfounded or contradict the provisions of paragraphs 4 or 5 of the preceding article, the television operator or the service provider on request may refuse your issue, informing the interested in writing about the refusal and your reasoning, in the 24 hours following the receipt of the reply or rectification. 2-If the rectification or violate the provisions of paragraphs 4 or 5 of the preceding article, the operator calls the person concerned within the period laid down in the preceding paragraph, to carry out the removal, in the 48 hours following, the passages or phrases in question, shall be entitled to refuse the disclosure of all of the text.

PRESIDENCY of the COUNCIL of MINISTERS 122 3-in the case of the right of reply or rectification has not been satisfied or have been unreasonably refused, the person concerned may appeal to the Court of your domicile, within 10 days of the date of refusal or of the expiry of the legal deadline for the satisfaction of the right, and to the regulatory authority for the media on the terms and time limits of legislation specifically applicable. 4-Required the judicial notice of that operator has not given satisfaction to the right of reply or rectification, that is immediately notified by post to contest within two working days, after which you will be delivered in the same period the decision, which merely devolutive effect resource. 5-Only documentary evidence is permitted, and all the documents together with the initial application and the defence. 6-in the case of origin of the application, the operator sends the reply or rectification within the time limit set in paragraph 1 of the following article, accompanied by the mention of that is carried out by court decision or of the regulatory authority for the media. Article 69 transmission of reply or rectification 1-the transmission of reply or rectification is made until 24 hours after the delivery of its text to the television operator or operator of on-demand audiovisual services, except as provided in paragraphs 1 and 2 of the previous article. 2-the reply or rectification are transmitted free of charge: a) in television programmes, in the same program or, if not possible, in time to issue equivalent; b) on-demand audiovisual services, program associate in the catalog, the program to which the reply or rectification concerns, with the same emphasis and duly identified as such.

PRESIDENCY of the COUNCIL of MINISTERS 123 3-the reply or rectification must: a) in television programmes, be sent as often as the reference emissions motivated; b) on-demand audiovisual services, remain accessible to the public by the time spent in the program catalog where the reference that the motivated or, regardless of that fact, for a minimum period of seven days. 4-the reply or rectification are read by an announcer of the originator in molds to ensure your easy perception and may include audiovisual components whenever the reference that the motivated have used similar technique. 5-the transmission of reply or rectification cannot be preceded or followed by any comments other than those needed to point out any inaccuracy or mistake of fact, which can cause new reply or rectification, pursuant to paragraphs 1 and 2 of article 65. CHAPTER VII section I civil liability Liability article 70 liability 1-in determining the gross forms of liability emerging facts committed through television programs or services of on-demand audiovisual services can observe the General principles.

PRESIDENCY of the COUNCIL of MINISTERS 124 2-television operators or the operators of on-demand audiovisual services respond jointly and severally with the persons responsible for transmission of previously recorded material, with the exception of transmitted under the laws, politics, replica of reply and rectification or in the course of interviews or debates by people not bound contractually to the operator. SECTION II article 71 sanctions Regime Crimes committed through television programmes and services on-demand audiovisual services 1-acts or harmful behaviors of legal interests protected under criminal law perpetrated through-services of television programmes or on-demand audiovisual services are punished in accordance with the adjustments given in the following paragraphs. 2-whenever the law does not establish aggravation due to the middle of commit, the crimes committed through television programs or services of on-demand audiovisual services which are not provided for in this law are punished with the penalties laid down in the rules, a third high incriminating in their minimum and maximum limits. 3-the director referred to in article 35 only responds criminally when not object, being able to do so, to commit the crimes referred to in paragraph 1, through appropriate actions to avoid them, in which case the penalties imposed in the corresponding legal types, reduced to a third in its limits.

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4-in the case of correctly reproduced statements or speeches of opinion, provided by persons duly identified, these can only be held liable, except when your content constitutes incitement to racial hatred, religious, political or generated by color, national or ethnic origin, sex or sexual orientation, or to commit a crime, and your transmission cannot be justified by journalistic criteria. 5-in the case of consensual, not emissions answer who have determined their transmission. 6-the technicians at the service of the television operators or operators of on-demand audiovisual services are not responsible for the emissions that they give your professional contribution, if they are not due to awareness of the criminal nature of your act. Article 72 illegal activity 1-television Who exercise the activity of television without being legally entitled is punished with imprisonment up to 3 years or a fine up to 320 days. 2-Are reported lost in favour of the State goods used in the pursuit of the activity of television without legal qualification, without prejudice to the rights of bona fide third parties, pursuant to article 110 of the Penal Code. 3-the provisions of paragraph 1 is particularly applicable in the case of: a) exercise of activity as diverse entity that has been licensed or authorized; (b) the revocation decision) of the licence or the interdiction program service relay.



PRESIDENCY of the COUNCIL of MINISTERS Article 126 73 illegal activity 1-television responsible for guidance and supervision of the content of television broadcasts or the selection and arrangement of the catalog of on-demand audiovisual services, or replace them, incurred in the crime of qualified disobedience when, in order to prevent the targeted effects: a) accept the decision of the Court to order the transfer of reply or rectification under the provisions of paragraph 6 of article 68; b) Refuse the dissemination of judicial decisions, in accordance with article 91; c) fail to comply with the decisions of the regulatory authority for the media regarding the exercise of the rights, politics, replica of reply or rectification; d) fail to comply with decision to suspend the transmission or retransmission of television programmes services, offering on-demand audiovisual services, or of the respective programs. 2-Incurred also in crime of qualified disobedience entities that do not accept the decision of the regulatory authority for the media that determine the suspension of retransmission, in accordance with article 86. Article 74 attempt on freedom of information and programming 1-Who prevent or disturb the exercise of television activity or offering to the public of audiovisual services on request, or seize or damage to materials required for the performance of such activities, outside the cases referred to in the law and in order to affect the freedom of programming and information, is punished with imprisonment up to 2 years or a fine up to 240 days If more severe penalty you does not fit under the criminal law.

PRESIDENCY of the COUNCIL of MINISTERS 127 2-applying the sanction provided for in the preceding paragraph is without prejudice to the implementation of the civil liability for damage caused to the originator. 3-If the offender is an agent or employee of the State or of public legal person and, in the performance of their duties, practise the facts described in paragraph 1, shall be punished with imprisonment up to 3 years or a fine up to 320 days, more severe penalty if it does not fit under the criminal law. Article 75 administrative offences take 1-is punishable by a fine of € 7500 € 37 500: a) non-compliance with the provisions of Article 4bis *, in paragraph 3 of article 19, in the first part of paragraph 4 of article 27, in articles 29 and 42, paragraph 5 of article 44 and in articles 45 and 46, paragraph 6 of article 40-B in paragraph 2 of article 41-B, paragraph 2 of the article 41-C and in article 58; b) failure to comply with the provisions of the first part of paragraph 1 of article 60; c) the omission of the indication referred to in the second part of paragraph 6 of article 68 2-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraph is reduced to one-third. 3-negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs. 76 Against serious offences 1-is punishable by fine of € 20 000 to € 150 000: PRESIDENCY of the COUNCIL of MINISTERS the 128) non-compliance with the provisions of paragraphs 1, 6, 8 and 9 of article 25, in the second part of paragraph 4 and paragraph 8 of article 27, paragraph 1 of article 30, paragraph 5 of article 32 in paragraphs 4 and 5 of article 33, paragraph 3 of article 34, articles 35, 36, 37, 40 and 40-A, paragraphs 1 to 5 of article 40-B, in articles 41 and 41-A, paragraphs 1 and 3 of article 41, paragraphs 1 and 3 of article 41-C, paragraphs 2 and 3 of article 41-D in article 43, paragraphs 1 to 3 of article 44, article 49, paragraph 4 of article 59, paragraphs 1 and 4 of article 61, paragraphs 2 and 3 of article 64, in article 69 and in paragraph 1 of article 92; b) the omission of the information referred to in paragraph 1 of article 68; c) violation of the provisions of article 20 and the second part of paragraph 1 of article 60 and of the time limits laid down in paragraph 1 of article 66 and paragraph 6 of article 68. d) failure to comply with the conditions of inclusion of features that allow the gateway to interactive environment that contains advertising provided for in paragraph 1 of article 41-d. 2-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraph is reduced to one-third. 3-negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs. Article 77 Against very serious offences 1-is punishable by fine of € 75 000 375 000 € and suspension of license or authorization of the program or service program in which transmission is committed, depending on the seriousness of the offence for a period of 1 to 10 days: PRESIDENCY of the COUNCIL of MINISTERS 129


the non-compliance with the provisions of) paragraphs 1 to 3 of article 4, paragraphs 3 and 4 of article 4 B, paragraph 2 of article 7, in articles 11 and 12, paragraph 1 of article 21, paragraphs 2 and 3 of article 25, paragraphs 2 and 3 of article 27, in article 31, paragraphs 2 and 6 of article 32 in paragraph 1 and paragraph 3 of article 33, paragraph 1 of article 39 and paragraph 2 of article 60; (b)) the violation by any operator, guarantees and obligations of phasing the which is linked; c) the violation by any operator, the provisions of paragraph 2 of article 30 and of the right provided for in paragraph 1 of article 66; d) exploitation of television services by diverse entity of the holder of the licence or authorization; and) the denial of the exercise of the right of antenna to entities that are entitled to it pursuant to paragraph 1 of article 59 2-is punishable by the fine provided for in the preceding paragraph the retransmission of television programs, services or programs that violate the provisions of paragraphs 2 and 3 of article 27: a) rights on the contents in question are acquired with knowledge of your nature; or b) in the case of retransmissions of content from non-EU countries, the infringement is manifest and notorious and distribution operator would prohibit access to their contents. 3-in the case of services of local coverage programs, the minimum and maximum limit of administrative offences provided for in the preceding paragraph is reduced to one-third.

PRESIDENCY of the COUNCIL of MINISTERS 130 4-negligence is punishable, being reduced to half the minimum and maximum limits of the fines provided for in the preceding paragraphs. Article 77-the administrative offences committed by on-demand audiovisual services 1-When the offences referred to in articles 75, 76 and 77 are carried through on-demand audiovisual services minimum and maximum limits of the respective fines are reduced to a room. 2-the practice of administrative offences provided for in article 77 through on-demand audiovisual services can give rise to the suspension of on-demand audiovisual service or program in which they are committed, depending on the seriousness of the offence for a period of 1 to 10 days. Article 78 1-by the Responsible administrative offences provided for in the preceding articles answer the operator in whose service of television programmes or audiovisual programs service the request has been committed the offence, except as regards the violation of paragraph 2 of article 60, which responds to the holder of the antenna. 2-the distribution operator responds by breaches which are attributable pursuant to article 25 and of paragraph 2 of article 77.



PRESIDENCY of the COUNCIL of MINISTERS Article 131 79 infringement in airtime to infringement of the provisions of paragraphs 2 and 3 of article 27 and in paragraph 2 of article 60, referred to in (a)) of paragraph 1 of article 77, when committed in the exercise of the right of antenna, is still depending on the seriousness of the offence, punishable by suspension accessory sanction of exercising the same right for periods of 3 to 12 months , with a minimum of 6 to 12 months in case of repeat offences, without prejudice to any other penalties provided by law. Article 80 special Mitigation and remission of the suspension and the fine 1-in the case of the circumstances of which the general law does depend on the special mitigation of sentence: a) in case of mild or severe infraction, shall apply the provisions of paragraph 3 of article 18 of Decree-Law No. 433/82 of 27 October; b) in the case of very serious infraction, the limits of the fine is reduced by one-third, and may not be decreed the suspension of license or authorization of the program, service or the transmission of the program. 2-In case of mild infraction can be waived the fine agent if the circumstances of which the general criminal law does rely on the waiver of the penalty. 3-the operator may be relieved of penalty in case of violation of advertising time limits laid down in article 40 when the breach this threshold occur occasionally and for exceptional reasons duly justified, in particular late or unexpected extension of the broadcast, and it is found that, in all that time, the previous and following, was the cumulative limit of advertising laid down in that provision.

PRESIDENCY of the COUNCIL of MINISTERS Article 132 81 Aggravation especially if the operator committing an administrative offense after being sanctioned, less than a year ago, by other administrative offense provided for in this law, the minimum and maximum limits of the fine and the suspension of transmission are high for the double. Article 82 revocation of license or authorization 1-violation of paragraph 2 of article 7, paragraph 1 of article 21, paragraphs 2 and 3 of article 25, paragraphs 2 and 3 of article 27, in article 31, paragraphs 2 and 6 of article 32, paragraph 1 of article 33, paragraph 1 of article 39 in paragraph 1 of article 59, paragraph 2 of article 60 and in paragraph 1 of article 66 and the violation of the obligations and obligations of phasing to the operator is linked in services of television programmes which have already been the subject of two other breaches of the same gravity can lead to the revocation of its licence or authorization. 2-for the purposes of the preceding paragraph, any alleged infringement ceases to be taken into account when, between the condemnation of your practice and the administrative offense following, has elapsed over two years. 3-violation of article 12 and paragraph 2 of article 30 may, given the seriousness of the offence giving rise to the revocation of license or authorization of services of television programmes in which has been committed. 4-violation of article 20 May the fixing, by the regulatory authority for the media, a new deadline for the beginning of broadcasts, after which, in case of default, persistence is revoked the license or authorization.

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5-violation reiterated the provisions of points (a)) c) of paragraph 1 of article 73 may give rise to the revocation of license or authorization of services of television programmes in which has been committed. 6-the violation of subparagraph (d)) of paragraph 1 of article 73 may give rise to the revocation of license or authorization of services of television programmes in which has been committed. Article 83 1-stay of execution can be suspended the implementation of the suspension of the licence or authorization of the program, service or the transmission of the programme, for a period of three months to a year, in the case of the assumptions that the general criminal law does depend on the suspension of the execution of penalties and the operator has not been sanctioned by administrative offense for at least a year. 2-A stay of execution may be subject to the provision of guarantee of good conduct, to set between € 20 000 to € 150 000, taking into account the duration of the suspension. 3-the stay of execution is always revoked if, during the relevant period, the offender committing very serious infraction. 4-revocation determines compliance with the suspension whose execution was suspended and the breach of security. Article 84 abbreviated Process 1-in the case of infringement of the provisions of paragraphs 1 and 2 of article 40 and in any other in which the regulatory authority for the media provides automated recording or other record of the facts constituting the infringement as soon as the news of the offence, the operator will be notified:) of the facts constituting the infringement;

PRESIDENCY of the COUNCIL of MINISTERS 134 b) infringed legislation; (c)) of the applicable penalties; (d) the period allowed for presentation). 2-the defendant may, within 20 days of notification, submit your defense, in writing, with an indication of evidence that understand should produce. Article 85 interim Suspension 1-transmission going on strong evidence of very serious infraction under this law, and, in particular, given the nature of the transmission and the other circumstances There is danger of continuation or repetition of wrongful activity indicted, the media regulatory authority may order the immediate suspension of the broadcast of the program or service to programs in which the offence has been committed. 2-the decision is liable to judicial review, that will be immediately sent to judicial decision and should be judged within a maximum period of 15 days from the time when the records are received in the competent court. Article 86 limitations on the retransmission of television programmes services 1-the regulatory authority for the media may suspend the retransmission of television programs or services of their respective programs, since the television transmitter operator has committed such violation at least twice during the previous 12 months, when: PRESIDENCY of the COUNCIL of MINISTERS 135 a) in the case of services of television programmes not conditioning access free or not conditioning with signature, manifestly, seriously and gravely hinder the free formation of the personality of children and adolescents, in particular with the issue of programs containing scenes of pornography or gratuitous violence, or b) regardless of the type of service of programs incites to hatred, racism or xenophobia. 2-in the case of television programs or services of programmes from other Member States of the European Union, the course of action referred to in the preceding paragraph should be preceded by: a) Of notification made by the regulatory authority for the media to the television transmitter operator and the European Commission, which identified the alleged violations and the measures that will be adopted, if such violations if they occur again; b) in case of persistence of the violation, within 15 days of the notification of the preceding paragraph and after consultations between the Member State conciliatory and the European Commission, notification of the regulatory authority for the media, the European Commission, the Member State of transmission and distribution from the operator still suspend the retransmission of programs that conflict with the provisions of the preceding paragraph. 3-the regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform in accordance with the preceding paragraph PRESIDENCY of the COUNCIL of MINISTERS article 86 136-the relocation of 1 emissions-the regulatory authority for the media may adopt appropriate measures necessary and proportionate to the cessation of infringements committed through program services provided by television operators under the jurisdiction of another Member State when check that such services are wholly or mainly directed to the Portuguese territory and the respective operators established in another Member State to circumvent the stricter rules that would be subject under the jurisdiction of the Portuguese State. 2-the measures referred to in the preceding paragraph may only if taken when, after having formulated a detailed request to the Member State competent to do end the infringement, the regulatory authority for the media: a) has been informed that, within two months, the results obtained, or consider such unsatisfactory results; and (b)) Has subsequently reported, so grounded, the European Commission and the Member State concerned intends to adopt such measures, without that, within three months, the Commission opposes the decision. 3-regulatory authority for the media ensures the procedures to ensure reciprocity in the exercise of the discretion referred to in paragraph 1 by other Member States in respect of television programmes services of television operators subject to the jurisdiction of the Portuguese State. 4-the regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform in accordance with paragraph 2, which are addressed in the situations mentioned in the previous paragraph.

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Article 86-B restrictions on on-demand audiovisual services 1-the regulatory authority for the media can, in no way proportionate to the objectives to protect, prevent the supply of programs included in catalogs of on-demand audiovisual services that violate the provisions of paragraphs 2 and 10 article 27. 2-in the case of on-demand audiovisual services from other Member States of the European Union, the course of action referred to in the preceding paragraph should be preceded by: a) of the request to the Member State of origin of the service provider that put an end to the situation; or b) If this didn't do, or actions to take are inadequate, the notification to the European Commission and the Member State of origin of the intention to take restrictive steps. 3-In case of emergency, the regulatory authority for the media can take restrictive measures not preceded the notifications to the Commission and the other Member States of origin provided for in the preceding paragraph. 4-in the case referred to in paragraph 1 of this article, the regulatory authority for the media must notify the restrictive measures without delay to the Commission and to the Member State to whose jurisdiction the operator of on-demand audiovisual services is subject, indicating the reasons why it considers that there is a situation of urgency. 5-regulatory authority for the media informs the Member of Government responsible for the media and communications applications that perform in accordance with paragraph 2, which are addressed in the situations mentioned in the previous paragraph.

PRESIDENCY of the COUNCIL of MINISTERS 138 SECTION III special provisions of article 87 process process Form the procedure for criminal offences committed through television programmes and services on-demand audiovisual services are governed by the provisions of the criminal procedure code and supplementary legislation, with the specialties under this law. Article 88-1 territorial jurisdiction to hear crimes provided for in this law is the Court of the judicial district where the operator has to your seat or permanent representation. 2-exceptions to the provisions of the preceding paragraph the crimes committed against the good name and reputation, privacy or other reserve assets of personality, whose assessment is within the jurisdiction of the Court of the domicile of the offended. 3-in the case of television broadcasts by an entity not authorized under the law, and it is not known the element defining competence pursuant to paragraph 1, the Court shall have jurisdiction of the District of Lisbon. Article 89 precautionary Suspension in the process by crime Article 85 shall apply mutatis mutandis to proceedings for crimes provided for in this law, and the Prosecutor's Office request the precautionary suspension during the inquiry.

PRESIDENCY of the COUNCIL of MINISTERS 139 article 90 1-proof scheme To test the assumptions of the exercise of rights of reply or rectification, and without prejudice to any other means allowed by law, the person concerned may request, pursuant to article 528.º of the code of Civil procedure, that the originator is notified to submit within the dispute, the recordings of the respective program. 2-in addition to the previous paragraph, only documentary evidence is permitted to join with the initial application or with the opposition. Article 91 dissemination of decisions 1-at the request of the Prosecutor or of the offended, and by court decision, the operative part of which have become res judicata sentencing for crimes committed through television programmes and services on-demand audiovisual services, as well as the identity of the parties, is disseminated by the operator. 2-the accused in criminal proceedings reported through services of television programmes and later acquitted by final judgment may apply to the Court that the content of this sentence is also reported by the issuing authority, the same television shows service in time, space and prominence equivalent television. 3-in the case of on-demand audiovisual services, the situation provided for in the preceding paragraph shall apply, mutatis mutandis, the provisions of paragraph 1 (b)) of paragraphs 2 and 3 of article 69, concerning the transmission of reply or rectification. 4-the diffusion of the operative part of the judgments referred to in the previous paragraphs must be carried out in order to safeguard the rights of third parties.

PRESIDENCY of the COUNCIL of MINISTERS 140 CHAPTER VIII television heritage conservation Article 92 legal deposit 1-qualifying emissions records as of public interest, depending on your historical or cultural significance, are subject to legal deposit, for the purpose of long-term conservation and accessibility to researchers. 2-the legal deposit referred to in the preceding paragraph shall be governed by own diploma, which will safeguard the interests of authors, producers and operators. 3-the State also promotes long-term conservation and public accessibility of records considered to be of public interest prior to the enactment of the Ordinance of the legal deposit, through specific protocols concluded with each of the operators. CHAPTER IX transitional and final provisions Article 93 1 adjustment skills-except where otherwise legal, the regulatory authority for the media to regulate the matters provided for in this decree-law and your compliance with surveillance. 2-it is the regulatory body for the media the statement of a misdemeanour provided for in this law and to your President the application of fines.

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3-the recipe of fines in 60% reverts State and 40% to the regulatory authority for the media. Article 94 1-capacity reserve in the allocation of rights of use of frequencies for terrestrial digital tv broadcasting service of national coverage not conditioning access is reserved transmission capacity for television services broadcast in analog mode via terrestrial held by operators licensed or leased to the date of entry into force of this law. 2-the right referred to in the preceding paragraph shall be exercised by the regulatory authority for the media by the operators concerned, under penalty of forfeiture, within 60 days after the date of assignment of the right of use of those frequencies. 3-the non-exercise of the right provided for in the preceding paragraphs shall not affect the provisions laid down in paragraphs 2 and 3 of article 25 of this law. Article 95 supervening Changes the attribution of new licenses or permits as well as the modification of the existing legislative framework does not constitute a basis for television operators claim amendment of the conduct of such business, in terms of economic and financial balance, or entitlement to any compensation. Article 96 shall be considered as References made to the corresponding provisions of this Act references made to law No. 32/2003, of 22 August.

PRESIDENCY of the COUNCIL of MINISTERS 142 Article 97 Transitional Standard 1-the provisions of paragraph 1 of article 22 and paragraph 1 of article 52 shall be without prejudice to the deadlines of licences, authorisations and the granting of public television service in progress at the date of entry into force of this law. 2-the provisions of article 23 shall apply to licences or authorisations held by operators in Office on the date of entry into force of this law, and the first mid-term evaluation occur at the end of the 1st or 2nd five-year period following the date of the assignment or of the last renewal, as the case may be. 3-The provisions of this law are fully applicable to undertakings which, at the date of your entry into force, engaged in an activity, as defined in point (a)) of paragraph 1 of article 2 Article 98 Standard set-1: a) are repealed law No. 32/2003, of 22 August; b) Decree-Law No. 237/98, of 5 August. 2 – [Repealed].