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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 23 October, And The First Amendment To Law No. 8/2007, Of February 14, That The

Original Language Title: Procede à 1.ª 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 23 de Outubro, e à 1.ª alteração à Lei n.º 8/2007, de 14 de Fevereiro, que proce

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CHAIR OF THE COUNCIL OF MINISTERS

1

PROPOSED LAW No. 29 /XI

Exhibition of Motives

The Directive No 2007 /65/CE of the European Parliament and of the Council of December 11,

designated as the Audiovisual Media Services Directive, which changes and

redenomine the Council Directive No 89 /552/CEE of October 3 on the wording that

it was given by Directive No 97 /36/CE of the Parliament and of the Council of June 30, the

"Television Without Borders" Directive, while maintaining as a main objective the promotion of

a single market for the electronic dissemination of audiovisual content, proceeds to

suitability of their respective regulation to the new digital technological context.

The broadening of broadband supply and the development of new platforms from

distribution enabled the creation of different services and audiovisual consumption habits.

In this context, targeted regulation for the services of television programmes would run the

risk of becoming insufficient, so the Directive has come to extend its scope

to audiovisual services on request, now designated non-linear services. However,

taking into account the control that the viewer over them exerts, through a

individualized choice that prolong itself to the determination of the timing of the respective fruition,

submit them to a reduced set of demands in the face of what succeeding with the services of

television programmes, ora called linear services. For these, organized under the

form of a predetermined grid of programs and concurrently distributed

for the general public, likely for this to generate greater impact from the population, the

Directive maintains a more demanding level of regulation.

CHAIR OF THE COUNCIL OF MINISTERS

2

Guided by the need to create conditions for the proper financing of services

audiovisual, the Directive has yet to develop and introduce greater flexibility in the rules

related to audiovisual commercial communications. In this sense, in addition to the

elimination of the daily advertising limit, comes to regulate the practice of product placement,

allowing Member States, safeguarded that it is the principle of identifiability

and the integrity of the programmes, adopt rules that allow television operators and

of audiovisual services on request to benefit from that form of funding from its

activity.

This Law, which transposes to the domestic law the Directive No 2007 /65/CE, of the

European Parliament and of the Council of December 11, amending Law No 27/2007, of

June 30, incorporates the objectives and solutions in it, adopting

generically solutions more favorable to the exercise of television activity and creating the

conditions necessary for the development of the provision of audiovisual services on request.

Thus, the present law extends the field of traditional regulation to audiovisual services not

linear, entitled, in compliance, the Law of Television and the Audiovisual Services a

Application, and prescinde, for the operators of such services, of the restrictions on access to

current activity for the terrestrial hertziana television operators, by cable or satellite.

Such services only become subject to the rules that materially conform the exercise of the

media activities, specifically, in relation to the protection of minors and

of human dignity, of right of reply and rectification, as well as those that guarantee

the accessibility to content by people with visual or hearing impairment. To services

audiovisual on request will not apply for temporal restrictions or rules of insertion

on advertising or televenda governing the services of television programmes,

although they apply to them which aim to ensure the liceness and identifiability of the

audiovisual commercial messages. The standards on compliance with broadcast quotas of

current European works for the linear services will also not link the services to

request.

CHAIR OF THE COUNCIL OF MINISTERS

3

This Law articulates, in the matter of audiovisual commercial communications, with the

Code of Publicity, in which it produces some changes, and with the legislation

specifically applicable to advertising tobacco and medicines, which continue to

apply in everything that does not conflict with the special standards set out in this Law.

With respect to TV advertising and televenda, the present law suppresses, in agreement

with the Directive, the daily limit of advertising and televenda, standardizing in the 12

the time limit applicable to the respective inserts. And eliminates the minimum range of 20

minutes between advertising pauses, allowing the operators to choose the moment

more appropriate to inserie advertising in their emissions. It resaves, however, the

case of the cinematographic works, films designed for television, programmes of

political information, newscasts and children's programmes, which can only be stopped

once in every minimum period of 30 and, as to the latter, as long as your

scheduled duration is higher than the identical period.

It is also incorporated into this Law, the legal regime of the sponsorship, as well as

clarified, in addition to the regulation of product placement practices, the aid scheme

to production. Thus, this will only be possible when the goods involved are provided to

free of charge and do not have a significant commercial value, to be set at the headquarters of

co-regulation and surly determined in this Law, under penalty of whether to apply it

regimen of the product placement.

Advertising on fractionated, virtual and interactive screen passes also to have framing

own, particularly attentive, for dealing with yet untested advertising techniques, at

needs for consumer protection.

CHAIR OF THE COUNCIL OF MINISTERS

4

It has also taken advantage of the present legislative moment to harmonize the standards on the

scope of coverage of television programme services, the requirements for transparency

in the property, the scope of the specialty principle, the concentration and the changes of

domain of the licensed operators, the restrictions on access to exercise and the

financing of the activity and the guarantees of editorial independence of journalists with the

that already vigorously or will be proposed to the Assembly of the Republic on radio, through

of Autonomous Law Proposal.

So, as to the first point, the constitution of regional televisions is to be admitted

that they have by reference, in addition to a set of districts or islands, also a

district or a metropolitan area; and the creation of local televisions that have as

reference, in addition to a municipality, a set of contigued municipalities or an island

with several municipalities.

As for the second point, the relationship of holders or holders of stakes in the capital

social of television operators shall, under the terms of this proposed law, be

published and updated on the electronic site of the respective media bodies

or, in its absence, communicated to the ERC-Regulatory Entity for Social Communication.

The same principle of advertising is applicable in relation to identification of the

administrators and managers of the television operator, as well as their directors of

contents.

The principle of specialty goes on to apply only to generalist and thematic televisions

informations. In the case of local televisions, it is said to be referred to not only the activity of

television, but to any media activity.

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As a way to safeguard pluralism in specific territorial constituencies, and having

into account the special demands that this principle convenes in a scenario of scarcity of the

radio spectrum, no natural or legal person will be able to hold, direct or

indirectly, a number of service licences of access television programmes do not

free conditioning equal to or greater than 40% of the services of congenic programmes

enabled for the same footprint.

In order to safeguard the sense of the public tender for the licensing of services of

television programmes, the practice of legal acts involving the amendment of the field of

operators who pursue television activity upon licence can only occur three

years after the original allocation of the permit, two years after modification of the project

approved or one year after the last renewal, upon authorization of the Entity

Regulator for Social Communication.

With regard to the conditions for the exercise of local-level television activity, the

present proposal keeps the possibility of its funding by the municipalities, but

submit now such a decision to the majority of two-thirds of the respective members

municipal assemblies, in accordance with the principles of advertising, objectivity, not

discrimination and proportionality. The measure aims to introduce greater transparency in the

aid allocated by municipalities, pushing aside conditioning risks from the

independence of local televisions.

The regime of responsibility for the informative contents of the services of

television programmes, with a view to which the directorate or managerial positions in the area of

information to be exercised with editorial autonomy, preventing interference from the

television operator in the production of the contents of informative nature, as well as in the

form of your presentation, save when you aim for the strict acatation of

legal prescriptions whose default originates criminal liability or against-

ordering on the part of the television operator.

CHAIR OF THE COUNCIL OF MINISTERS

6

Finally, in counterordinational matter, it reduces to one third the moldura of the illicit

when these are practiced by services of local coverage programs.

The present proposal further amend the Act No. 8/2007 of February 14, which proceeded to

restructuring of the dealership of the public radio and television service and approved the

respective statutes, in the part where they dispose of the skills and the

operation of the opinion board. Thus, the opinion board will also pass the

be ausculated in the context of any legislative changes with incidence in the service

public radio or television and, as well, to be previously informed and heard by the

board of directors of the dealership on the circumstances of the creation of

any entities that have in some way as an objective or function to accompany the

activities of the public service. To the opinion board is also now dewound to

competence to propose the range of persons within which the board of directors of the

dealership will be able to choose and name the providers of the viewer and the caller.

Finally, rules of attendance are laid down to the members of the opinion board,

cominating the comortment of three unjustified tales with the removal of the member

faly, thus ensuring the functioning of the organ in accordance with its effective

social representativeness.

The Regulatory Entity for Social Communication was heard, the National Council

of the Consumo and the Portuguese Confederation of Media, owing to

listened to the Autonomous Regions.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAIR OF THE COUNCIL OF MINISTERS

7

Article 1.

Subject

This Law transposes to the internal legal order the Directive No 2007 /65/CE, of the

Parliament and the Council of December 11, amending Law No. 27/2007, 30 of

June and the Code of Publicity, and proceeds to amendments to Law No. 8/2007, 14 of

February.

Article 2.

Amendment to Law No. 27/2007 of July 30

Articles 1 to 7, 11, 12, 20, 27, 33, 33, 41, 45, 49 to 35, 49, 49, 49, 49, 49, 49, 49

54, 59, 64, 67, 67 to 78, 86 to 78, 91, 91, 91 and 92 of Law No. 27/2007, 30

of July, shall be replaced by the following:

" Article 1.

[...]

This Law shall have the subject of regulating access to television activity and its

exercise, as well as the offer to the public of audiovisual services on request,

transposing to the internal legal order Directive No 89 /552/CEE, of the

Council, of October 3, as amended by the Directive

n. 97 /36/CE, of the Parliament and of the Council, of June 30 and by the Directive

n. 2007 /65/CE of the Parliament and of the Council of December 11.

Article 2.

[...]

1-For the purposes of this Law, it is understood by:

a) [ ... ];

CHAIR OF THE COUNCIL OF MINISTERS

8

b) "Aid for production", the audiovisual commercial communication that

consists of the inclusion or reference to a good or service in a

programme, free of charge;

c) "Autopromotion", the audiovisual commercial communication disseminated by

a television operator or by a service operator

audiovisual on request relating to its own products, services,

services of television programmes, audiovisual services on request, or

respective programs, as well as the cinematographic works and

audiovisual in which they have participated financially;

d) "Product Placement", the audiovisual commercial communication that

consists of the inclusion or reference to a good or service, or the

respective trade mark, in a programme, the payment exchange or

similar retribution;

e) "audiovisual commercial communication", the presentation of images,

with or without sound, intended to promote, directly or indirectly,

the products, services or image of a natural person or

collective that carries out an economic activity, including the

tv advertising, the televenda, the sponsorship, the placement of

product, production aid and autopromotion;

f) "Virtual audiovisual commercial communication", the communication

audiovisual commercial resulting from the substitution, by means

electronic, other commercial communications;

g) "Domain" means the existing relationship between a natural or a legal person

and a company when, regardless of the domicile or the head office

whether to be located in Portugal or abroad, the one you can exercise on

this, directly or indirectly, a dominant influence,

considering, in any case, there is domain when a

natural or legal person:

CHAIR OF THE COUNCIL OF MINISTERS

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i) Holds a majority stake in the social capital or the

majority of voting rights;

ii) May exercise the majority of the voting rights, in the terms of

parassocial arrangement; or

iii) May appoint or remove the majority of the holders of the organs of

administration or surveillance.

h) [ Previous paragraph (c) ];

i) "European Works", the cinematographic or audiovisual production that

assemble the requirements set out in the paragraph n) of Article 1 of the Directive

n 89 /552/CEE of the Council of October 3, as amended by the

Directive No. 97 /36/CE, of the Parliament and of the Council, of 30 of

June, and by Directive No 2007 /65/CE, of Parliament and of the

Council, of December 11;

j) [ Previous point (e) ];

l) "Operator of audiovisual services on request", the natural person or

collective responsible for the selection and organisation of the contents of the

audiovisual services on request in the form of a catalogue;

m) "Television Operator", the legally entitled legal person for

the exercise of the television activity, responsible for the organisation of

services of television programmes;

n) "Sponsorship", the audiovisual commercial communication that consists of the

contribution made by natural or legal persons, public or

private, other than television operators, operators of

audiovisual services on request or producers of audiovisual works,

for the financing of services of television programmes or services

audiovisual on request, or of its programmes, with the aim of

promote your name, brand, image, activities or products;

o) [ Previous point (g) ];

CHAIR OF THE COUNCIL OF MINISTERS

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p) "Program", a set of moving images, with or without

sound, which constitutes an autonomous part of the programming grill of

a service of TV programmes or a catalogue of a service

audiovisual on request.

q) 'TV Advertising', the audiovisual commercial communication

disseminated in services of TV programmes to the exchange of

pay or similar retribution, or with character

self-promotional, by a natural or legal person, public or

private, related to a commercial, industrial activity,

artisanal or liberal profession, with the aim of promoting the

supply, upon payment, of products or services,

including real estate, rights and obligations;

r) "audio-visual service on request" or "non-linear audiovisual service", the

offer to the general public of a catalogue of programmes and the

content in text that accompany them, specifically

subtitling and electronic programming guides, selected and

organized under responsibility of a service operator

audiovisual on request, for visioning of a user, on request

individual and at a time by this chosen, by means of networks of

electronic communications within the meaning of Law No. 5/2004 of 10 of

February, not including in this concept:

i) Any form of communication of a private character;

ii) Audiovisual content produced by private users

to be shared preferentially in the framework of groups

with common interests;

iii) Electronic versions of newspapers and magazines and contents

supplementary audiovisual;

CHAIR OF THE COUNCIL OF MINISTERS

11

s) "Service of television programs", the sequential and unitary set

of the elements of the programming provided by an operator of

television, organized on the basis of a programming grill;

t) "Telepromotion", TV advertising inserted in the course of

notorious interruption of a program, through the announcement of goods or

services by the respective presenter;

u) "Televenda", the audiovisual commercial communication that consists of the

diffusion of direct offers to the public with a view to providing

goods or services upon payment;

v) "Television", the transmission, encoded or not, from images not

permanent, with or without sound, through a network of communications

electronic, intended for the reception simultaneously by the public at

general, not including in this concept:

i) The communications services intended to be received

only upon individual request;

ii) The mere retransmission of alheious emissions;

iii) The punctual transmission of events, through devices

technicians installed in the immediate vicinity of the respective locations of

occurrence and by targeting the public there concentrate.

2-[ Revoked ].

Article 3.

[...]

1-Are subject to the provisions of this Law:

CHAIR OF THE COUNCIL OF MINISTERS

12

a) The services of TV programmes transmitted by operators that

pursue television activity under the jurisdiction of the State

Portuguese;

b) Audiovisual services on request made available by operators

to proceed to their offer under the jurisdiction of the Portuguese State.

2-Considerate under jurisdiction of the Portuguese State the operators of

television and audiovisual service operators on request that they meet

the criteria set out in Article 2 of Directive No 89 /552/CEE, of the

Council of October 3, as amended by Directive No 97 /36/CE, of the

Parliament and the Council, of June 30 and by the Directive

n. 2007 /65/CE of the Parliament and of the Council of December 11.

3-The provisions of the preceding paragraph shall apply, with the necessary adaptations,

to distribution operators.

Article 4.

Transparency of ownership and management

1-The representative shares of the social capital of television operators that

revisits the form of anonymous society are compulsorily nominative.

2-A relationship of holders and holders of shareholdings in the social capital

of the television operators, the composition of their organs of

administration and management and the identification of the guidance officer

and for the supervision of the content of their emissions, are made public in the

electronic site of the respective social media bodies, owing

be updated in the seven days following the occurrence of the correspondent

constitutive fact whenever:

a) An incumbent or holder reaches or exceeds 5%, 10%, 20%, 30%, 40%

or 50% of the social capital or voting rights;

CHAIR OF THE COUNCIL OF MINISTERS

13

b) An incumbent or holder reduces his / her share to lower value than

each of the percentages indicated in the preceding paragraph;

c) Change in the field of the television operator;

d) Change in the composition of the governing bodies and of

management or in the structure of responsibility for the guidance and the

supervision of the contents of emissions.

3-A The ratio referred to in the preceding paragraph shall contain, with the necessary

updates:

a) The discrimination of the percentages of participation of the respective

holders and holders;

b) The identification of the entire chain of entities to whom it should be

imputed a share of at least 5% in the operators in

cause; and

c) The indication of the holdings of those holders and holders in others

media organs.

4-In the absence of electronic site, the information and updates referred to

in paragraphs 2 and 3 are supplement-reported by the television operator

responsible to the ERC, which makes available its public access.

5-The provisions of paragraphs 2 and 3 shall apply, with the necessary adaptations, to

legal persons in a non-societary way who pursue the activity of

television, specifically associations, cooperatives or foundations.

Article 5.

[...]

1-[ Previous body of the article ].

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2-The public television service may integrate audiovisual services on request

or other audiovisual services necessary for the pursuit of its purposes.

Article 6.

[...]

1-A Regulator for Social Communication promotes and encourages the

adoption of mechanisms of co-regulation, self-regulation and cooperation

between the various television operators and audiovisual services to

request to allow you to achieve the objectives referred to in the following number.

2-The State, the dealership of the public service and the remaining operators

of television and audiovisual services on request must collaborate with each other

in the pursuit of the values of the dignity of the human person, of the State of

law, democratic society and national cohesion and promotion of the

language and Portuguese culture, taking into consideration the needs

specials of certain categories of spectators.

Article 7.

Areas of coverage

1-[...]:

a) [...];

b) [...];

c) A district or a set of contiguous districts or an area

metropolitan on the mainland, or a set of islands, in the Regions

Autonomous;

CHAIR OF THE COUNCIL OF MINISTERS

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d) A municipality or a set of contigued and possible municipalities

neighbouring areas, in accordance with the technical requirements to the necessary

coverage of those, on the mainland, or an island with several

municipalities, in the Autonomous Regions.

2-A geographical area consignothing to each service of TV programmes of

national scope should be covered with the same program and signal

recommended, unless otherwise authorized, to be granted by deliberation

of the regulator for the media, and without prejudice to the

use of means of supplementary coverage, when properly

authorized.

3-[...].

4-[...].

Article 11.

Requirements of operators

1-A television activity that consisted of the organisation of services of

generalist or informative thematic programmes of international scope,

national or regional only may be pursued, in the terms of the present

law, by commercial corporations that have as their main object their

exercise.

2-A television activity that consisted of the organisation of services of

generalist or thematic informational programs of local scope only

may be pursued, pursuant to this Law, by societies

commercials that have as the main object the exercise of activities

of social communication.

3-[ Previous body of n. 2 ]:

CHAIR OF THE COUNCIL OF MINISTERS

16

a) [ Previous a línea a) of the n. 2 ];

b) [ Previous Article (b) of paragraph 2 ];

c) € 100000 or € 50000, depending on whether they are operators that

provide services of TV programmes of regional coverage or

location, regardless of your typology.

4-[ Previous body of n. 3 ]:

a) [ Previous Article (a) of paragraph 3 ].

b) € 500000, when it deals with a network covering a set of

districts on the mainland or a set of islands in the Regions

Autonomas, or an island with several municipalities, or still an area

metropolitan;

c) € 100000, when it deals with a network covering a municipality or

a set of contigutic municipalities.

5-Except for the provisions of paragraphs 1 and 2 the operators that only

explore, non-profit, services of television programmes

educational, cultural and scientific dissemination, which they can rewear to

form of association or foundation.

6-[Previous n. 5 ].

Article 12.

[...]

1-A television activity may not be exercised or financed, direct or

indirectly, by parties or political associations, organisations

trade union, employers or professionals, professional public associations,

unless that activity is exclusively carried out via the Internet and

consisted of the organization of programs of programs of a doctrinal nature,

institutional or scientific.

CHAIR OF THE COUNCIL OF MINISTERS

17

2-Without prejudice to the provisions of Article 5, television activity shall not

be exercised by the State, by the autonomous regions, by local authorities

or their associations, directly or through public companies

state or regional, municipal, inter-municipal, or

metropolitan, save if that activity is exclusively exercised

through the Internet and consist of the organization of program services of

institutional or scientific nature.

3-A The provision of support for television activity by municipalities is limited

to the organisation and provision of services of local scope programmes

enabled for the area of the respective municipal circumscription and must

obey the principles of advertising, objectivity, non-

discrimination and proportionality, being subject to approval by

majority of two thirds of the members of the respective assemblies

municipal.

Article 15.

[...]

1-[...].

2-[...].

3-The regulation identifies the conditions for admission of applications,

as well as the documentation that must accompany them, in such a way as to allow

verification of the conformity of candidates and projects to the

legal and regulatory requirements, namely:

a) [...];

b) [...];

c) [...];

CHAIR OF THE COUNCIL OF MINISTERS

18

d) [...];

e) [...];

f) To the sufficiency of the human and technical means to be affected;

g) To the attestation of the regularized tax and contributory situation,

and the submission of the respective certificate may be waived in the

terms of the Decree-Law No. 114/2007 of April 19.

4-[...].

5-[...].

6-[...].

7-[...].

8-[...].

9-[...].

Article 20.

[...]

Television operators must start emissions from the services of

licensed or authorized television programs within 12 months of

count of the date of the final award decision of the corresponding title

habilitator.

Article 26.

[...]

1-A freedom of expression of thought through the services of

television programmes and audiovisual services on request integrates the right

fundamental of citizens to free and pluralistic information, essential to

democracy and the social and economic development of the Country.

CHAIR OF THE COUNCIL OF MINISTERS

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2-Except the cases provided for in this Law, the exercise of the activity of

television and audiovisual services on request rests on the freedom of

schedule, and may not the Public Administration or any organ of

sovereignty, with the exception of the courts, to prevent, condition or impose the

diffusion of any programs.

Article 27.

[...]

1-A programming of the services of TV programmes and services

audiovisual on request must respect the dignity of the human person and the

rights, freedoms and fundamental guarantees.

2-The services of TV programmes and audiovisual services on request

cannot, through the programming elements they disseminate, incite

to racial hatred, religious, political or generated by colour, ethnic origin or

national, by sex or by sexual orientation.

3-No TV emission of programmes likely to be

harm manifests, serious and gravely the free formation of personality

of children and adolescents, specifically those containing pornography

in the service of unconditioned access programs or gratuit-free violence.

4-A TV issuance of any other programmes likely to

influence negative mode in the formation of the children's personality or

of adolescents must be accompanied by the permanent diffusion of a

appropriate visual identiative and can only take place between 22 pm and 30

minutes and the 6 hours.

5-[...].

6-[...].

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7-The provisions of the preceding paragraphs cover not only any elements

of programming, including advertising and messages, extracts or

autopomotion images, as still teletext services and guides

programming electronics.

8-[...].

9-[...].

10-The programmes of audiovisual services on request that are susceptible

of damaging manifold, serious and gravely the free formation of the

personality of children and adolescents, such as those of content

pornographic, they can only be made available upon adoption of

appropriate technical functionalities to prevent access to these contents

by part of that segment of the public.

11-Television operators and operators of audiovisual services on request

may adopt codes of conduct that respond to the requirements contained

in the present article, heard, in the case of the television operators, the

the respective drafting boards, within the scope of their assignments.

Article 31.

[...]

It is vetted to television, distribution and service operators

audiovisual on request the ceding of political propaganda spaces, without

prejudice to the provisions of Chapter VI.

CHAIR OF THE COUNCIL OF MINISTERS

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Article 33.

[...]

1-Those responsible for the realization of spectacles or other events

public taking place on national territory, as well as the holders of

exclusive rights that on them incidental, cannot oppose the

transmission of brief extracts of the same, of an informative nature, by

service part of programs made available by any operator of

television, national or not.

2-[...].

3-When an operator under the jurisdiction of the Portuguese State detains rights

exclusive to the transmission, to the national territory, from

events occurring in the territory of another State-member of the

European Union, must provide access to the respective signal to others

national operators interested in the transmission of brief extracts from

informative nature about those events.

4-Without prejudice to agreement for amusing use, the extracts to which if

refer to paragraphs 1 and 3 shall:

a) [ Previous Article (a) of paragraph 3 ];

b) [ Previous Article (b) of paragraph 3 ];

c) [ Previous Article (c) of paragraph 3 ];

d) [ Previous Article (d) of paragraph 3 ].

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5-Unless concluded agreement for the purpose, only short use is allowed

extracts, of an informative nature, concerning spectacles or other

public events on which there are exclusive rights to services

audiovisual on request when included in programmes beforehand

disseminated by the same operator in services of television programmes.

Article 34.

General obligations of operators

1-[...].

2-[...].

3-A Regulator for Social Communication defines, ears the

National Institute for Rehabilitation, television operators and the

operators of audiovisual services on request, based on a plan

multiannual that provides for its gradual compliance, and taking into account the

technical and market conditions at every time by it verified, the

set of obligations relating to the accessibility of services of

television programmes and audiovisual services on request by persons

with special needs, namely, and attentive to the nature of the

service, the recourse to the subtitling, the interpretation by means of language

sign-up, the audiodescription or other techniques that prove appropriate,

as well as the availability of navigation menus easily

understandable.

4-In addition to those provided for in points a) a d) and f) of paragraph 2, constitute

obligations of the services of generalist TV programmes of scope

regional or local:

a) Extending television programming to regional intimate content or

location;

CHAIR OF THE COUNCIL OF MINISTERS

23

b) Disseminate information with particular interest to the scope

geographical of the hearing;

c) To promote the characteristic values of regional or local cultures.

5-Constituts obligations of the thematic programme services, attending the

its nature, the points a ), b) and g) and, regardless of their nature, the

points c) and f) of paragraph 2.

Article 35.

Responsibility and editorial autonomy

1-[...].

2-[...].

3-Each audiovisual service operator on request must have a responsible

by the selection and organization of the programme catalogue.

4-A designation and the dismissation of the responsible for the informative content of the

services of TV programmes are the competence of the operator of

television, listened to the drafting board.

5-A The prior hearing of the drafting board is waived in the appointment of the

first responsible for the informative content of each service of

programs and in the services of programs of a doctrinaire nature or

confessional.

6-Steering or managerial positions in the area of information are exercised

with editorial autonomy, being vetted to the television operator

interfere with the production of the contents of informative nature, as well as

in the form of your presentation.

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7-Except for the provisions of the preceding paragraph the guidelines aiming at the

strict acatation of legal prescriptions whose default origine

criminal or counter-ordinance liability on the part of the operator of

television.

Article 40.

Time reserved for TV advertising and televenda

1-The time of issue intended for TV advertising and televenda, in

each period between two units of hour, cannot

exceed 10% or 20%, depending on whether it deals with program services

tv-access television or television programme services

of free or unconditioned unconditioned access with signature.

2-Excludes from the limits set in the preceding number the autophromes, the

telepromotions and the televenda blocks.

3-The televenda blocks must have an uninterrupted duration of, by the

less, 15.

Article 41.

Sponsorship

1-The services of TV programmes and the communication services

audiovisual on request, as well as the respective sponsored programmes

are clearly identified as such by the name, logo or any

another distinctive sign of the sponsor of your products or of your

services.

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25

2-The sponsored programmes must still be identified at the beginning, in the

resumed and at the end of the programme, without prejudice to such an indication being able to be

made cumulatively at other times, provided that it does not act against the

integrity of the programmes, taking into account their natural interruptions,

as well as its duration and nature, and is carried out in a manner that does not lesar

the rights of any holders.

3-The news services and political information programs cannot

be sponsored.

4-The content of a television programme service, audiovisual service a

application or sponsored program or, in the case of program services

televisions, their programming, they cannot, in any case, be

influenced in such a way as to affect the respective responsibility and

editorial independence.

5-The services of sponsored programs or programs, as well as the

identification of their respective sponsorships, they cannot encourage

directly to the purchase or leasing of products or services of the

sponsor or third parties, particularly through references

promotional specific to these products or services.

Article 45.

[...]

1-[ Previous body of the article ].

2-Audio-visual services on request should contribute to the promotion of

european works, specifically through the financial contribution to the

your production or of your progressive incorporation in the respective catalogue.

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3-Audio-visual services on request should confer special visibility on the

your catalogue to the European works by adopting functionalities that allow

to the public their research by the origin.

Article 47.

[...]

1-Compliance with the obligations referred to in Articles 44 to 46 is assessed.

annually, and must be taken into account, where applicable, the nature

specific to the services of themed TV programmes and the

responsibilities of the operator in relation to information, education,

culture and fun.

2-The reports of the assessment referred to in the preceding paragraph, containing the

respective findings, are made public on the electronic site of the

Regulator for Social Communication until June 30 of the year

subsequent to the one they concern.

Article 49.

[...]

The television operators and audiovisual service operators on request

are required to pay annually to the Regulatory Entity for the

Social Communication, according to model by it defined, all the

elements necessary for the exercise of the monitoring of compliance of the

obligations laid down in Articles 44 to 46.

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27

Article 54.

[...]

1-The second service of generalist programmes of national scope comprises

a programming of strong cultural and formative component, owing

value education, science, research, the arts, innovation, action

social, the dissemination of humanitarian causes, the unprofessional sport and the

school sport, religious confessions, independent production of works

creative, the Portuguese cinema, the environment, the consumer's defence and the

audiovisual experimentalism.

2-[...].

3-[...].

Article 59.

[...]

1-[...].

2-[ Previous Article No 3 ].

3-The entities referred to in paragraph 1 are entitled, free of charge and annually, to the

following antenna times:

a) Ten minutes per party represented in the Assembly of the Republic,

or in the Legislative Assemblies of the Autonomous Regions, plus

of thirty seconds by each Member elected;

b) Five minutes per party not represented in the Assembly of

Republic, or in the Legislative Assemblies of the Autonomous Regions,

with participation in the most recent legislative elections, plus

thirty seconds for every 15000 votes in them obtained;

c) [ Previous Article (c) of the previous paragraph 2 ];

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d) [ Previous Article (d) of the previous paragraph 2 ];

e) [ Previous Article (e) of the previous paragraph 2 ].

4-In the case of Autonomous Regions, the right of antenna referred to in the number

previous is exercised by the parties who have lodged suffrage in the

elections to the Regional Legislative Assemblies in the services of

programs especially intended for the respective Region.

5-[ Previous Article No 4 ].

6-[ Previous Article No 5 ].

7-[ Previous Article No 6 ].

Article 64.

[...]

1-[ ... ].

2-[ ... ].

3-[ ... ].

4-[ ... ].

5-[ ... ].

6-The provisions of the preceding paragraphs are correspondingly applicable, in the

scope of programme services specially targeted by the Regions

Autonomas, to the right of political rebuttal of the parties represented in the

Regional Legislative Assemblies that are not part of the respective

Regional Governments.

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Article 65.

[...]

1-Have a right of reply in the services of TV programmes and in the

audiovisual services on request any natural or legal person,

organisation, service or public body which in them has been the subject of

references, albeit indirect, that may affect their reputation or

good name.

2-The entities referred to in the preceding paragraph have a right of rectification in the

services of TV programmes and in audiovisual services on request in

that inveridic or erroneous references have been made that tell them

respect.

3-The right of reply and that of rectification shall become impaired if, with the

express agreement of the person concerned, the television operator or the

operator of audio-visual services on request has corrected or clarified the

text or image in question or have allowed it, by another means, to expose

the facts or the points of view that they would allegedly justify the answer

or rectification.

4-[...].

Article 67.

[...]

1-[...].

2-[...].

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3-The text of the response or rectification shall be delivered to the operator of

television or to the operator of audiovisual services on request, with signature

and identification of the author, through procedure that proves his

reception, expressly invoking the right of reply or

rectification or the competent legal provisions.

4-[...].

5-[...].

Article 68.

[...]

1-When the answer or rectification is untimely, provies from

people without legitimacy, lack manifestly of foundation or

contravenes the provisions of paragraphs 4 or 5 of the previous article, the operator of

television or the operator of services on request may refuse its issuance,

informing the person concerned, in writing, about the refusal and its

statement of reasons, in the 24 hours following receipt of the reply or

rectification.

2-[...].

3-[...].

4-[...].

5-[...].

6-[...].

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Article 69.

[...]

1-A The transmission of the reply or rectification is made up to twenty four

hours from the delivery of the respective text to the television operator or

to the operator of audiovisual services on request, save the provisions of the n.

and 2 of the previous article.

2-A reply or rectification are transmitted free of charge:

a) In the services of TV programmes, in the same programme or, case

is not possible, in time of equivalent issuance;

b) In audiovisual services on request, in programme to be involved, in the

catalogue, to the programme to which the answer or rectification concerns,

with the same prominence and properly identified as such.

3-A response or rectification shall:

a) In the services of TV programmes, be transmitted so many times

how many emissions from the reference that motivated them;

b) In audio-visual services on request, stay accessible to the public

by the time of stay in catalogue of the programme where it was made

reference that motivated them or, regardless of that fact, by

a minimum period of seven days.

4-[...].

5-[...].

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Article 70.

[...]

1-In the determination of the forms of effectivation of civil liability

emergent facts from facts committed through programme services

televisions or audiovisual services on request are the principles

general.

2-Television operators or operators of audiovisual services to

request responds in solidarity with those responsible for the transmission

of previously recorded materials, with the exception of those transmitted to the

shelter right from antenna, political replica, response and from

rectification or in the course of interviews or debates starring in

non-linked persons contractually to the operator.

Article 71.

Crimes committed by means of television programme services

and of audiovisual services on request

1-The aggrieved acts or behaviours of juridical interests-penally

protected perpetrated through services of television programmes or from

audiovisual services on request are punished in the general terms, with the

constant adaptations of the following numbers.

2-Whenever the law does not establish aggravation on the grounds of

perpetration, the crimes committed through programme services

televisions or audio-visual services on request that are not foreseen

in this Law are punished with the penalties set out in their respective

incriminating standards, high of one-third in their minimum limits and

maximum.

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3-[...].

4-[...].

5-[...].

6-The technicians at the service of the television operators or operators of

audiovisual services on request are not responsible for the emissions to which

to make their professional contribution, if they are not required to be made aware of

of the criminal character of his act.

Article 73.

[...]

1-Those responsible for the guidance and supervision of the content of emissions

televisions or by the selection and organisation of the catalogue of services

audiovisual on request, or who substitutes them, incur the crime of

qualified disobedience when, with the aim of preventing the effects

toured:

a) [...];

b) [...];

c) [...];

d) Do not comply with a decision to suspend the transmission or

relay of the televisual programme services, from the offer of

audiovisual services on request, or of the respective programmes.

2-[...].

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Article 74.

[...]

1-Who to prevent or disrupt the exercise of television activity or supply

to the public of audio-visual services on request, or impound or damage

materials necessary for the exercise of such activities, outside of cases

provided for in the law and with the aim of attest against the freedom of

programming and information, is punishful with imprisonment up to two years or with

fine up to 240 days, if more serious penalty does not fit in the terms of the law

penal.

2-[...].

3-[...].

Article 75.

[...]

1-It is punishable with fine of € 7500 a € 37500:

a) The failure to comply with the provisions of Article 4 (3) of Article 19,

in the first part of Article 27 (4), in Articles 29 and 42, in the

n Article 44 (5) and Articles 45 and 46 (6) of Article 40-B,

in Article 41 (2), in Article 41 (2) and in Article 58;

b) [...];

c) [...].

2-Addressing local coverage program services, the minimum threshold and

maximum counterordinations predicted in the previous number is reduced

for a third.

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3-A negligence is punishable, being reduced to half the minimum limits and

maximum of the fines provided for in the preceding paragraphs.

Article 76.

[...]

1-It is punishable with fine of € 20000 a € 150000:

a) The failure to comply with the provisions of paragraphs 1, 6, 8 and 9 of Article 25, in the

second part of paragraph 4 and in Article 27 (8), paragraph 1 of the article

30., in Article 32 (5), paragraph 3 and 5 of Article 33, paragraph 3 of the

Article 34, in Articles 35, 36, 37, 40 and 40-A, in the paragraphs 1 a to 5 of the

article 40-B, in Articles 41 and 41-A, in paragraphs 1 and 3 of Article 41-B,

in Article 41 (1) and (41), paragraphs 2 and 3 of Article 41-D, in the

article 43, in paragraphs 1 a to 3 of Article 44, in Article 49, paragraph 4 of the

article 59, in paragraphs 1 and 4 of Article 61º, in paragraphs 2 and 3 of Article 64, para.

article 69 and in Article 92 (1) of the Article 92

b) [...];

c) [...];

d) The failure to meet the conditions for inclusion of functionalities that

allow the passage for interactive environment that contains

advertising provided for in Article 41 (1).

2-Addressing local coverage program services, the minimum threshold

and maximum of the counterordinations provided for in the preceding paragraph is reduced

for a third.

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3-A negligence is punishable, being reduced to half the minimum limits and

maximum of the fines provided for in the preceding paragraphs.

Article 77.

[...]

1-It is punishable with fine of 75000 a to € 375000 and suspension of the licence or

authorization of the program service or the transmission of the program in

that is committed, depending on the seriousness of the illicit, for a period of 1 a

10 days:

a) Failure to comply with the provisions of Article 4 (1 a) (4) in the numbers

3 and 4 of Article 4-B, in Article 7 (2), in Articles 11 and 12, in the

n Article 21 (1), paragraphs 2 and 3 of Article 25, paragraphs 2 and 3 of the Article 25

article 27, in Article 31, in paragraphs 2 and 6 of Article 32, paragraph 1 and 3

of Article 33, in Article 39 (1) and in Article 60 (2);

b) [...];

c) [...];

d) [...];

e) [...].

2-[...].

3-Addressing local coverage program services, the minimum threshold

and maximum of the counterordinations foreseen in the preceding paragraphs is

reduced to a third.

4-A negligence is punishable, being reduced to half the minimum limits and

maximum of the fines provided for in the preceding paragraphs.

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Article 78.

[...]

1-Pelas counter-ordinations provided for in the previous articles answer the

operator on whose service of television programmes or service of

audiovisual programmes on request have been committed to the offence, except

as to the violation of Article 60 (2), by which the holder of the

right of antenna.

2-[...].

Article 86.

Limitations to relaying services of television programmes

1-A Regulator for Social Communication may suspend the

relay of services of television programmes or the respective

programs, provided that the transmitter television operator has committed

such violation at least two times in the course of the 12 months, precedents

when:

a) Addressing services of access TV programmes not

free, or unconditioned with signature,

prejudice manifests, serious and gravely the free formation of the

personality of children and adolescents, notably with the

issuance of programs that include scenes of pornography or of

free violence; or

b) Regardless of the typology of program service, inciting to the

hatred, racism or xenophobia.

2-[...].

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3-A Regulator for Social Communication informs the member of the

Government responsible for the area of social communication of applications and

communications that carry out in the terms of the preceding paragraph

Article 87.

[...]

The procedure for criminal offences committed through services of

television programmes and audiovisual services on request are governed by the

provisions of the Code of Criminal Procedure and supplementary legislation, with

the specialties arising from this Law.

Article 91.

[...]

1-A application by the Public Prosecutor's Office or the offending, and upon decision

judicial, the adjudicatory part of the sentencing sentencing transitioned into

tried for crimes committed through services of television programmes

and of audiovisual services on request, as well as the identity of the parties, is

disseminated by the respective operator.

2-The accused in criminal proceedings reported through programme services

televisions and subsequently acquitted by sentence carried on trial

may apply to the court that the content of that sentence be equally

reported by the issuing entity, in the same programme service

televisual on time, space and with equivalent televisual highlight.

3-In the case of audiovisual services on request, to the situation provided for in the number

previous are applicable, with the necessary adaptations, the provisions of the

points b) of Article 69 (2) and (3) relating to the transmission of the reply

or rectification.

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4-A diffusion of the deciding part of the sentences to which the figures are referred

previous shall be carried out in such a way as to safeguard the rights of third parties.

Article 92.

[...]

1-[...].

2-The legal deposit provided for in the preceding paragraph shall be regulated by diploma

own, which will safeguard the interests of the authors, producers and the

operators.

3-[...]. "

Article 3.

Amendment to Law No. 8/2007 of February 14

Articles 22, 23 and 24 of the Statutes of Radio and Television of Portugal, S. A., approved

by Law No. 8/2007 of February 14, they shall be replaced by the following:

" Article 22.

[...]

1-[...]:

a) [...];

b) [...];

c) [...];

d) [...];

e) Issue opinion on legislative initiatives with incidence in the

public radio and television service;

f) [ Previous point (e) ];

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g) Issue, after hearing by the board of the Radio and

Television from Portugal, S. A., Opinion on the creation of any

entities that are aimed at the monitoring of the

activity of the public radio or television service;

h) [ Previous point f) ];

i) [ Previous point (g) ];

j) Voting and proposing to the board of directors of Radio and Television of

Portugal, S.A., two lists of three persons with appropriate profile to the

exercise of the provider posts of the telviewer and provider of the

listener.

Article 23.

[...]

1-[ Previous body of the article ].

2-The speakers of the members of the opinion board are justified in the face of the

president in the eight days following its occurrence or the term of the

circumstance of force majeany that gave them origin.

3-A The occurrence of three unjustified fallout involves loss of mandate of the

a flawed member.

4-A The absence of foundation from the fallout should be ratified in plenary

when it is likely to involve the loss of mandate.

5-In the event of loss of tenure of one of its members, the President of the

board of opinion notifies, in the following eight days, the entity

responsible for your election or designation, so that you proceed and

communicate, within 30 days, the new indication.

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Article 24.

[...]

1-[...].

2-The board of opinion proposes to the board of the Radio and

Television from Portugal, S. A., in accordance with the criteria referred to in

previous number, a list of three persons for the exercise of the post of

provider of the telviewer and a list of three persons for the exercise of the

job as a provider of the caller, up to 30 days before the end of the respective

mandates.

3-The board of directors of the Radio and Television of Portugal, S. A.,

nominates, from among the names proposed by the opinion board, the

providers of the telviewer and the listener until the fifteenth day

previous to the end of the mandates of the acting providers.

4-[ Revoked ]. "

Article 4.

Amendment to the Code of Publicity

Article 8 of the Code of Publicity, approved by the Decree-Law No. 330/90, of 23 of

October, and amended by Decree-Law No. 74/93, of March 10, by the Decree-Law No

6/95, of January 17, by the Decree-Law No. 61/97 of March 25 by the Law No. 31-A/98,

of July 14, by the Decree-Law No. 275/98 of September 9 by the Decree-Law n.

51/2001, of February 15, by the Decree-Law No. 332/2001 of December 24, by the

Decree-Law No. 81/2002 of April 4 by the Law No. 32/2003 of August 22, by the

Decree-Law No 224/2004 of December 4 and by Law No. 37/2007 of August 14, and

by Decree-Law No. 57/2008 of March 26 is replaced by the following:

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" Article 8.

[...]

1-[...].

2-[...].

3-The separator referred to in the preceding paragraph shall be made up, on the radio, by

acoustic signals. "

Article 5.

Addition to Law No. 27/2007 of July 30

They are deferred to Law No. 27/2007 of July 30, Articles 1-A, 4.-A, 4.-B, 40.-B, 40

40.-C, 41.-A, 41.-B, 41.-C and 41.-D, 77.-A, 86.-A, 86.-B, with the following wording:

" Article 1.

Applicable schemes

1-They are still applicable to audiovisual services at the request of the rules regarding the

information society services and constant electronic commerce

of Decree-Law No. 7/2004 of January 7, as amended by the Decree-Law

n ° 62/2009 of March 10, which is adhering to its nature, as long as it does not

contravene the provisions of this Law.

2-Without prejudice to the provisions of this Law, they shall apply still to communications

audiovisual commercial, with the necessary adaptations, the provisions of the

Code of Publicity, approved by the Decree-Law No. 330/90, 23 of

October, and supplementary legislation, as well as in Law No. 37/2007, of 14

of August, and in the Decree-Law No. 176/2006 of August 30.

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Article 4-The

Obligations of identification

1-The operators of television, distribution and audiovisual services to

request are required to disclose, in such a way as to allow easy access,

direct and permanent:

a) The respective names or social names;

b) The name of the director or person responsible for each service, when

applicable;

c) The geographical address in which they are established;

d) Your means of contact, specifically telephone, postal and

electronic;

e) The identification and contacts of competent regulatory bodies.

2-In the case of TV programme services is still compulsory

make available permanently, except during the advertising blocks,

a visual element that allows for the identification of each service, being the

information provided for in the previous number released:

a) On the respective electronic site, the address of which is to be disclosed in the

principle and at the end of each news service or, when they do not include

informational programming, during emissions at intervals not

higher than four hours;

b) Should there be and to the extent that it is feasible, in the services

complementary, such as teletext pages and electronic guides

of programming.

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3-In audiovisual services on request the information provided for in paragraph 1 is

made available on the electronic pages that allow access to the

respective programs.

4-The operators of audiovisual services on request are obliged to

communicate to the Regulatory Entity for Social Communication, by way of

electronics, the beginning and end of the activity of each of its services, the

elements to which the points are referred a) a d) of paragraph 1 and the respective

updates.

5-The communications referred to in the preceding paragraph shall be made in the ten

working days subsequent to the occurrence of the fact that justifies them, not being

subject to any fees or emoluments.

Article 4-B

Competition, not concentration and pluralism

1-It shall apply to television operators the general defence scheme and

promotion of competition.

2-The operations of concentration between television operators subject to

intervention of the regulatory authority of the competition are submitted to

prior opinion of the Regulatory Entity for Social Communication, which

is only binding when it occurs that there is founded risk for the free

expression and confrontation of the various currents of opinion.

3-No natural or legal person may hold, direct or

indirectly, specifically through a domain relationship, a

number of service licenses of access television programs do not

free conditioning equal to or greater than 40% of programme services

enabled counterparts for the same footprint.

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4-A practice of legal acts involving the change of the field of

operators who pursue television activity upon licence only

may occur three years after the original assignment of the permit, two years after

the modification of the approved project or one year after the last renewal, and

is subject to authorization from the Regulatory Entity for Communication

Social.

5-A Regulator for Social Communication decides, ears the

interested, within 30 working days, after verification and weighting of the

initial determinant conditions for the assignment of the title and interests

of the potential auditorium of the provided program services, ensuring the

safeguard the conditions that they have enabled to decide on the project

original or about subsequent changes.

6-The provisions of the preceding paragraphs shall apply, with the necessary

adaptations, to legal persons in a non-society-specific manner, specifically

associations, cooperatives or foundations that continue the activity of

television, owing to the Regulatory Entity for Social Communication,

case are meeting the assumptions for the realization of the operation,

promote the respective changes to the title of habilitation for the financial year

of the activity.

Article 40-The

Identification and separation

1-A TV advertising and televenda must be easily identifiable

as such and clearly separated from the rest schedule.

2-A separation referred to in the preceding paragraph shall be made:

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a) Between programs and in their interruptions, by the insertion of separators

optics and acoustics at the beginning and end of each interruption, owing the

initial separator contain, in a noticeable way to the recipients, and

depending on the cases, the mention "Publicity" or "Televenda";

b) If there is fractionation of the screen, through the demarcation of an area

of the screen, never superior to a fourth part of this, clearly distinct

of the remaining area and identified in a noticeable way to the

recipients, with the mention "Publicity".

Article 40-B

Insertion

1-A TV advertising and televenda can be inserted, as long as it does not

attest against the integrity of the programs and take into account their

natural interruptions, as well as their duration and nature, and in a manner not

lesar the rights of any holders:

a) Between programs and the interruptions of the programs;

b) Using the whole of the screen or part of this.

2-A The insertion of TV advertising or televenda may not imply the

increase in the level of the sound volume applied to the remaining programming.

3-It is prohibited:

a) The televenda on fractionated screen;

b) The televenda in the course of children's programmes and in the 15

immediately prior and later to its transmission;

c) TV advertising on fractionated screen in the course of

newscasts and political information programmes, in programmes

children and in programmes aimed at the diffusion of religious services;

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d) TV advertising on fractionated screen in the course of the issue

of creative works.

4-A broadcast of news reports, political information programmes, works

cinematographic and film designed for television, with the exception of

series, brochures and documentaries, can only be interrupted by advertising

television and, or, televenda once for each programming period of, in the

minimum, 30.

5-A The transmission of children's programs can only be interrupted by

tv advertising once for each programming period of, in the

minimum, 30, provided that the expected duration for the program is

higher than 30.

6-A The spread of religious services cannot be interrupted for insertion of

television advertising and, or, televenda.

7-The messages of television advertising and of insulated televenda, save if

presented in broadcasts of sporting events, can only be

entered in exceptional title.

Article 40-C

Telepromotion

1-A telepromotion is only admitted to lightly entertaining programs with

the nature of contests or similar.

2-Viewers must be informed of the existence of telepromotion in the

start and end of the programmes that make use of this form of advertising.

3-A telepromotion is immediately preceded by optical or acoustic separator

and accompanied by an identifier that marks out its commercial nature.

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Article 41-The

Product placement and production aid

1-A product placement is only allowed in cinematic works, films

and series designed for services of TV programmes or services

audiovisual on request, programmes on sport and programmes of

light entertainment.

2-The placement of product in children's programs is prohibited.

3-The content of the programmes in which there is product placement and, in the case

of TV programme services, their programming, cannot, in

if any, be influenced in such a way as to affect the respective

responsibility and editorial independence.

4-Programs that are the subject of product placement cannot

encourage directly to the purchase or leasing of products or services,

particularly through specific promotional references to those

products or services.

5-A product placement may not grant undue relief to products,

services or trade marks, specifically when the reference

carried out is not justified by editorial reasons or is likely to

induce the public in error in relation to their nature, or still by the form

recurring as those elements are presented or posts in

evidence.

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6-The programs containing product placement, when produced

or ordered by the television operator or by the operator of

audiovisual services at the request that carries out the respective diffusion or, as yet,

by a its subsidiary, must be properly identified at the beginning, in the

end and upon its restart after advertising interruptions.

7-The provision of production aids to any programme is permitted

when the goods or services used do not have commercial value

significant, applying the provisions of the n. paragraphs 3 a to 6.

8-It is not admitted to the presentation, during the screening of children's programs,

of any kind of commercial messages likely to harm the

physical and mental development of the minors, specifically the relative

to foods and beverages containing nutrients and substances with a

nutritional or physiological effect whose presence in excessive quantities

in the food regime is not recommended.

9-In aid for production in which the goods or services used have value

significant commercial apply the rules laid down for the placement of

product, including those of a counterordinational nature.

10-Significan commercial value is determined upon agreement entered into

between television and audiovisual service operators on request and

subject to ratification of the ERC.

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11-In the absence or lack of underwriting of the agreement referred to in the number

previous, the significant commercial value is defined by the ERC, ears the

operators of the sector, and should in any case have as a reference the

trade value of the goods or services involved and the advertising value

corresponding to the time of issue in which the good or service is

commercially identifiable, specifically through the display of the

respective brand, plus the time of identification immediately

previous or later to the programme, according to the advertising tariff

of the highest television in force at the date of the first issue of the

program or of its first available on request.

Article 41-B

Virtual audiovisual commercial communications

1-Only virtual audiovisual commercial communications can be inserted in

places where there are previously and are visible commercial communications

provided that they are not given greater relief and obtained the agreement of the

organizers of the event transmitted and the holders of the rights of

transmission.

2-Consumers must be informed of the insertion of communications

virtual audio-visual commercials at the beginning and end of each program in

that occur.

3-The insertion of virtual audiovisual commercial communications into

creative works, as defined in the paragraph g) of Article 2 (1) of the

present law.

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Article 41-C

Time of issue

The time of issue intended for the identification of sponsorship, of the placement of

product and production aid, as well as the intended for the dissemination of messages

relating to public services or the purposes of public interest and appeals of

humanitarian content transmitted free of charge, in the framework of services of

television programmes or audiovisual services on request, is not subject to

any limitation.

Article 41-D

Interactivity

1-Inclusion in advertising spaces entered in the services of

television programmes or audio-visual services at the request of

functionalities allowing the passage to interactive environment that

contain advertising.

2-The inclusion of the interactive functionalities referred to in the number is prohibited

previous in the course of children's programmes and in the five minutes

immediately preceding and later to its transmission.

3-A The passage of the interactive environment containing advertising is

mandatorily preceded by an intermediate warning screen containing

unequivocal information about the fate of that transition and to allow

easily the return to the linear environment.

4-On the provision of services of television programmes of the

functionalities provided for in the preceding paragraph shall apply to the general standards

on advertising, particularly those that enshrine restrictions on

your object and content.

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Article 77-The

Counter-ordinations practiced by audiovisual services on request

1-When the counter-ordinations referred to in Articles 75, 76 and 77 are

practiced through audio-visual services at the request of the minimum limits and

maximum of the respective fines are reduced to one room.

2-A the practice of counter-ordinations provided for in Article 77 through

audiovisual services on request can give way to suspension of service

audiovisual at the request or of the programme in which they are committed, depending on

the severity of the illicit, for a period of 1 a to 10 days.

Article 86-The

Dislocation of emissions

1-A Regulator for Social Communication may adopt measures

suitable, necessary and proportionate to the cessation of offences committed

through service of programs provided by television operators

under the jurisdiction of another member state when it establishes that such services

are either wholly or principally directed to the Portuguese territory and that the

respective operators have established themselves in another Member State for

circumvent the most stringent rules to which they would be subject under the jurisdiction of the

Portuguese State.

2-The measures referred to in the preceding paragraph shall only be adopted

when, after having formulated a circumstantial request before the State-

competent member to make cessation of the offence, the Regulatory Entity

for Social Communication:

a) Do not have for that one being informed, within the maximum term of two

months, of the results obtained, or consider such results

unsatisfactory; and

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b) Has subsequently communicated, in a reasoned manner, to the

European Commission and the Member State concerned the intention of

adopt such measures, without which, in the following three months, the Commission

is opposed to the decision.

3-A Regulator for Social Communication ensures the

procedures that guarantee reciprocity in the exercise of the faculty

referred to in paragraph 1 by other Member States in respect of services of

TV programmes of television operators subject to the jurisdiction of the

Portuguese state.

4-A Regulator for Social Communication informs the member of the

Government responsible for the area of social communication of applications and

communications that carry out in accordance with paragraph 2, as well as those of the

are directed in the situations mentioned in the preceding paragraph.

Article 86-B

Limitations to the provision of audiovisual services on request

1-A Regulatory Entity for Social Communication can, in a way

proportional to the objectives to be tutelary, prevent the provision of programmes

included in audiovisual service catalogues on request that violate the

provisions of Article 27 (2) and (10).

2-Dealing with audiovisual services on request from others

Member States of the European Union, the providence referred to in the number

previous must be preceded:

a) From request to the Member State of origin of the service provider

that put an end to the situation; or

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b) Should this not have done so, or the arrangements it takes to reveal themselves

inadequate, the notification to the European Commission and the

State-member of origin of the intention to make arrangements

restrictive.

3-In the event of an urgency, the Regulatory Entity for Social Communication

may make restrictive arrangements not preceded by the notifications to the

Commission and the other Member States of origin provided for in the number

previous.

4-In the case provided for in the preceding paragraph, the Regulatory Entity for

Social Communication must notify restrictive arrangements in the shortest

deadline to the Commission and the State-member to whose jurisdiction the operator of

audiovisual services on request is subject, indicating the reasons why

considers that there is a situation of urgency.

5-A Regulator for Social Communication informs the member of the

Government responsible for the area of social communication of applications and

communications that carry out in accordance with paragraph 2, as well as those of the

are directed in the situations mentioned in the preceding paragraph. "

Article 6.

Systematic changes

1-It is amended the title of Law No. 27/2007 of July 30, which passes on the designation of

"Law on Television and Audiovisual Services on Request".

2-Chapter II of Law No. 27/2007 of July 30, passes to have the epiggrafe " Access to

television activity ".

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3-A Section III of Chapter IV of Law No. 27/2007 of July 30, passes to have the epiggraft

"Audiovisual Commercial Communications".

4-Are deferred to Section III of Chapter IV of Law No 27/2007 of July 30, the

following subsections:

a) Subsection I, with the epitographand "Television advertising and televenda", which includes the

articles 40 to 40 .ºC.

b) Subsection II, with the epiggrafe " Other forms of commercial communication

audiovisual ", which includes Articles 41 to 41 .no-D.

5-Chapter V of Law No. 27/2007 of July 30, passes to have the epitographe " Service

Public ".

Article 7.

Application of the law in time

The provisions of Article 41 of Law No 27/2007 of July 30 in the wording given to it

by this Law, only applies to programmes produced after December 19, 2009.

Article 8.

Abrogation standard

They are revoked:

a) Article 2 (2), Article 85, Article 89 and Article 98 (2) of the Law n.

27/2007, of July 30;

b) Paragraphs 1 a to 4 of Article 24 and Articles 25 and 25 to the Code of Publicity,

approved by Decree-Law No. 330/90 of October 23.

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Article 9.

Republication

It is republished, in annex to this Act, of which it is an integral part, the Act No. 27/2007, of

July 30, with the current wording.

Article 10.

Entry into force

This Law shall come into force 30 days after its publication.

Seen and approved in Council of Ministers of June 8, 2010

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

Law No. 27/2007 of July 30

(Law of Television and Audiovisual Services on Request)

CHAPTER I

General provisions

Article 1.

Subject

This Law shall have the subject of regulating access to television activity and its

exercise, as well as the offer to the public of audiovisual services on request, by transposing

for the internal legal order Directive No 89 /552/CEE of the Council of 3 of

October, as amended by Directive No 97 /36/CE, of Parliament and

of the Council, of June 30 and by Directive No 2007 /65/CE, of the Parliament and of the

Council, of December 11.

Article 1-The

Applicable schemes

1-Are still applicable to audiovisual services at the request of the rules relating to the services of the

information society and constant electronic commerce of the Decree-Law

n ° 7/2004 of January 7, as amended by Decree-Law No. 62/2009 of March 10, which

be adhering to their nature, provided that they do not contravene the provisions of this Law.

2-Without prejudice to the provisions of this Law, they shall apply still to commercial communications

audiovisual, with the necessary adaptations, the provisions of the Code of Publicity,

approved by Decree-Law No. 330/90 of October 23, and supplementary legislation,

as well as in Law No. 37/2007 of August 14 and in the Decree-Law No. 176/2006 of 30

of August.

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Article 2.

Definitions

1-For the purposes of this Law, it is understood by:

a) "Television activity", the activity consisting of the organisation, or the

selection and aggregation, of services of television programmes with a view to their

transmission, intended for reception by the general public;

b) "Aid for production", the audiovisual commercial communication consisting of the

inclusion or reference to a good or service in a program, free of charge;

c) "Autopromotion", the audiovisual commercial communication disseminated by a

television operator or by an audiovisual service operator on request

on its own products, services, services of television programmes,

audiovisual services on request, or their programmes, as well as the works

cinematographic and audiovisual in which they have participated financially;

d) "Product Placement", the audiovisual commercial communication that consists of the

inclusion or reference to a good or service, or to the respective trade mark,

in a program, the payment exchange or similar consideration;

e) "audiovisual commercial communication", the presentation of images, with or without

sound, intended to promote, directly or indirectly, the products, the services

or the image of a natural or legal person holding an activity

economic, including TV advertising, the televenda, the sponsorship, the

product placement, production aid and autopomotion;

f) "Virtual audiovisual commercial communication", the commercial communication

audiovisual resulting from the substitution, by electronic means, of other

commercial communications;

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g) "Domain" means the existing relationship between a natural or a legal person and a

company when, regardless of whether the domicile or the head office is located in

Portugal or abroad, the one may exercise on this, direct or

indirectly, a dominant influence, considering, in any case,

exist domain when a natural or legal person:

i) Holds a majority stake in the social capital or the majority of

voting rights;

ii) May exercise the majority of the voting rights, in accordance with the terms of agreement

parassocial; or

iii) May appoint or remove the majority of the holders of the organs of

administration or surveillance.

h) "Creative work", the film production or audiovisual production based on

structured elements of creation, namely long and short films of

fiction and animation, documentaries, reportage, debates, interviews, telefilmes,

television series, musical, artistic or cultural programmes and programmes

didactics or with didactic component;

i) "European Works" the film or audiovisual production that assemble the

requirements set out in paragraph n) of Article 1 of Directive No 89 /552/CEE, of the

Council, of October 3, amended by Directive No 97 /36/CE, of the

Parliament and of the Council of June 30 and by Directive No 2007 /65/CE of the

Parliament and of the Council of December 11;

j) "Distribution Operator", the legal person responsible for the selection and

service aggregation of television programmes and by their provision of the

public, by means of electronic communication networks;

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l) "Operator of audiovisual services on request", the natural or legal person

responsible for the selection and organisation of the contents of audiovisual services

on request in the form of a catalogue.

m) 'Television Operator' the legally entitled legal person for the exercise

of the television activity, responsible for the organisation of services of

television programmes;

n) "Sponsorship", the audiovisual commercial communication that consists of the contribution

made by natural or legal persons, public or private, who are not

television operators, operators of audiovisual services on request or

producers of audiovisual works, for the financing of services of

television programmes or audio-visual services on request, or of their programmes,

with the aim of promoting your name, brand, image, activities or

products;

o) "Independent Producer", the legal person whose main activity consists of the

production of cinematographic or audiovisual works, as long as they check

cumulatively the following requirements:

i) Social capital not held, directly or indirectly, at more than 25% per

a television operator or at more than 50% in the case of several operators

of television;

ii) Annual limit of 90% of sales for the same television operator;

iii) Detention of the entitlements of the rights on the works produced, with the clear

contractual definition of the type and duration of the diffusion rights yielded to the

television operators;

iv) Freedom in the form of development of the works produced,

particularly with regard to the choice of studios, actors, means and

distribution;

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p) "Program", a set of moving images, with or without sound, that

constitutes an autonomous part of the programming grill of a service of

televisual programmes or a catalogue of an audiovisual service on request.

q) "Television Advertising", the audiovisual commercial communication disseminated in

services of television programs to pay change or similar retribution,

or with an auto-promotional character, by a natural or legal person, public

or private, related to a commercial, industrial, handcrafted activity or

liberal profession, with the aim of promoting the supply, by

payment, of products or services, including real estate, rights and

obligations;

r) "audio-visual service on request" or "non-linear audiovisual service", the offer to the

public in general of a catalogue of programs and the contents in text that the

accompany, specifically subtidation and electronic programming guides,

selected and organized under responsibility of a service operator

audiovisual on request, for visioning of a user, at the individual request and

at a time by this chosen, by means of communications networks

electronic, within the meaning of Law No. 5/2004 of February 10, not including

in this concept:

i) Any form of communication of a private character;

ii) Audiovisual content produced by private users to be

shared preferentially within the framework of groups with common interests;

iii) Electronic versions of newspapers and magazines and audiovisual content

supplementary;

s) "Service of television programs", the sequential and unitary set of the

elements of the programming provided by a television operator, organised

on the basis of a programming grill;

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t) "Telepromotion", TV advertising inserted in the course of the interruption

cénica of a programme, through the announcement of goods or services by the respective

presenter;

u) "Televenda", the audiovisual commercial communication that consists of the diffusion of

direct offers to the public with a view to the provision of goods or services

upon payment;

v) "Television", the transmission, encoded or not, of non-permanent images, with

or without sound, through an electronic communications network, intended for

reception at the same time by the general public, not including in this concept:

i) The communications services intended to be received only upon

individual request;

ii) The mere retransmission of alheious emissions;

iii) The punctual transmission of events, through technical devices

installed in the immediate vicinity of the respective places of occurrence and having by

target the public there concentrate.

2-[ Revoked ].

Article 3.

Scope of application

1-Are subject to the provisions of this Law:

a) The services of TV programmes transmitted by operators who proceed

the television activity under the jurisdiction of the Portuguese State;

b) Audiovisual services on request made available by operators who proceed

to its offer under the jurisdiction of the Portuguese state.

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2-Consider under the jurisdiction of the Portuguese State the television operators and the

operators of audiovisual services on request that meet the criteria set out in the

article 2 of the Council Directive No 89 /552/CEE of October 3, as amended by the

Directive No. 97 /36/CE, of the Parliament and of the Council of June 30 and by the Directive

n. 2007 /65/CE of the Parliament and of the Council of December 11.

3-The provisions of the preceding paragraph shall apply, with the necessary adaptations, to the

distribution operators.

Article 4.

Transparency of ownership and management

1-The representative shares of the social capital of television operators that

revisits the form of anonymous society are compulsorily nominative.

2-A the relationship of holders and holders of shareholdings in the social capital of the

television operators, the composition of its governing bodies and

management and identification of the responsible for the guidance and supervision of the

content of their emissions, are made public on the electronic site of the

respective social media bodies, and they should be updated in the seven days

following the occurrence of the corresponding constitutive fact whenever:

a) An incumbent or holder reaches or exceeds 5%, 10%, 20%, 30%, 40%

or 50% of the social capital or voting rights;

b) An incumbent or holder reduces his / her share to lower value than

each of the percentages indicated in the preceding paragraph;

c) Change in the field of the television operator;

d) Change in the composition of the governing bodies and of

management or in the structure of responsibility for the guidance and the

supervision of the contents of emissions.

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3-A The ratio referred to in the preceding paragraph shall contain, with the necessary

updates:

a) The discrimination of the percentages of participation of the respective

holders and holders;

b) The identification of the entire chain of entities to whom it should be

imputed a share of at least 5% in the operators in

cause; and

c) The indication of the holdings of those holders and holders in others

media organs.

4-In the absence of electronic site, the information and the updates referred to in the n.

2 and 3 are supptively communicated by the television operator responsible to the

ERC, which makes available your public access.

5-The provisions of paragraphs 2 and 3 shall apply, with the necessary adaptations, to the persons

non-society-form collective pursuing the activity of television,

specifically associations, cooperatives or foundations.

Article 4-The

Obligations of identification

1-The operators of television, distribution and audiovisual services on request are

required to disclose, in such a way as to allow for easy, direct and permanent access:

a) The respective names or social names;

b) The name of the director or responsible for each service, where applicable;

c) The geographical address in which they are established;

d) Your means of contact, specifically telephone, postal and electronic;

e) The identification and contacts of competent regulatory bodies.

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2-In the case of the services of television programmes it is still mandatory to make available

permanently, except during the advertising blocks, a visual element that

allow the identification of each service, the information being provided in the preceding paragraph

disclosed:

a) On the respective electronic site, the address of which is to be disclosed in the principle and

at the end of each news service or, when they do not include programming

informative, during its emissions at intervals not exceeding four hours;

b) Should they exist and to the extent that it is feasible, in the supplementary services, such

as pages of teletext and electronic programming guides.

3-In audiovisual services on request the information provided for in paragraph 1 is made available in the

electronic pages that allow access to the respective programmes.

4-The operators of audiovisual services on request are required to report to the

Regulator for Social Communication, by electronic means, the beginning and end of

activity of each of its services, the elements to which the points are referred a) a d)

of paragraph 1 and the respective updates.

5-The communications referred to in the preceding paragraph are made in the ten working days

subsequent to the occurrence of the fact that justifies them, not being subject to any

fees or emoluments.

Article 4-B

Competition, not concentration and pluralism

1-It shall apply to television operators the general regime of defence and promotion of the

competition.

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2-The operations of concentration between television operators subject to the intervention of the

competition regulatory authority are submitted to the prior opinion of the Entity

Regulator for Social Communication, which is only binding when you check

there was founded risk for the free expression and confrontation of the various currents of

opinion.

3-No natural or legal person may detain, directly or indirectly,

in particular through a domain relationship, a number of service licences

of free unconditioned access television programmes equal to or greater than 40% of the

services of congenic programs enabled for the same coverage area.

4-A practice of legal acts involving the change of the field of operators which

pursuing television activity upon leave can only occur three years after the

original allocation of the permit, two years after the modification of the approved project or a

year after the last renewal, and is subject to authorization from the Regulatory Entity for the

Social Communication.

5-A Regulator for Social Communication decides, ears the stakeholders, in the

deadline of 30 working days, after verification and weighting of the initial conditions

determinants for the assignment of the title and the interests of the potential auditorium of the

program services provided, ensuring the safeguarding of the conditions that

have enabled them to decide on the original project or on subsequent amendments.

6-The provisions of the preceding paragraphs shall apply, with the necessary adaptations, to

legal persons in a non-societtal form, specifically associations, cooperatives or

foundations that pursue television activity, owing to the Regulatory Entity

for Social Communication, should the assumptions be gathered for the realization of the

operation, promote the respective changes to the habilitation title for the exercise of the

activity.

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Article 5.

Public service

1-The State ensures the existence and operation of a public television service,

in the terms of chapter V.

2-The public television service may integrate audio-visual services on request or other

audiovisual services necessary for the pursuit of their purposes.

Article 6.

Principle of cooperation

1-A Regulatory entity for Social Communication promotes and encourages the adoption of

mechanisms of co-regulation, self-regulation and cooperation among the various operators

of television and audiovisual services on request to enable the objectives to be achieved

referred to in the following number.

2-The State, the dealership of the public service and the remaining television operators and

of audiovisual services on request must collaborate with each other in the pursuit of values

of the dignity of the human person, the rule of law, democratic society and the

national cohesion and the promotion of Portuguese language and culture, having in

consideration of the special needs of certain categories of spectators.

Article 7.

Areas of coverage

1-The services of television programmes may have coverage of international scope,

national, regional or local, depending on whether they are intended to cover, respectively:

a) In a predominant manner the territory of other countries;

b) The generality of the national territory, including the Autonomous Regions;

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c) A district or a set of contiguous districts or a metropolitan area

on the continent, or a set of islands, in the Autonomous Regions;

d) A municipality or a set of contigued municipalities and possible areas

borroefs, according to the technical requirements to the necessary coverage of those,

on the continent, or an island with several municipalities, in the Autonomous Regions.

2-A geographical area consignothing to each service of nationwide TV programmes

must be covered with the same program and recommended signal, unless authorization in

contrary, to be granted by deliberation of the regulator for the media,

and without prejudice to the use of complementary means of coverage, when

duly authorized.

3-A The deliberation referred to in the preceding paragraph sets the time limit of discontinuity of the

issue up to a maximum of two hours per day, and may be extended, on the terms therein

anticipated, in exceptional and duly substantiated situations.

4-The classifications referred to in this article compete with the Regulatory Entity for

the Social Communication and are established in the act of the licence or authorization, without

prejudice to its subsequent amendment, the application for those concerned, safeguarded the

conditions of the exercise of the activity to which the respective operators are located

bound, in the terms provided for in Article 21.

Article 8.

Typology of services of television programmes

1-The services of TV programmes can be generalist or thematic and access

conditioned or unconditioned and, within these, of free unconditioned access

or unconditioned access with signature.

2-Considerate generalists are the services of television programmes that present a

diversified programming and directed at the general public.

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3-Are themed the services of television programmes that present a model of

programming predominantly focused on subjects or audiovisual genres

specific, or driven preferentially to certain segments of the public.

4-The services of self-driving and televising-themed TV programs

can integrate any other conventional programming elements, such as

newsworthy services, sports broadcasts, films, series or documentaries.

5-Are unconditioned access free the services of TV programmes

made available to the public without any counterpart and unconditioned access

with subscription to the services of television programmes made available to the public

by a counterpart by the access to the distribution infrastructure or by its

use.

6-It is conditional access to the services of television programmes made available to the

public by specific counterpart, not considering as such the amount

due to the access to the distribution infrastructure as well as its use.

7-The classifications referred to in this article compete with the Regulatory Entity for

the Social Communication and are assigned in the act of the licence or the authorization, without

prejudice to its subsequent amendment, the application for those concerned, safeguarded the

conditions of the exercise of the activity to which the respective operators are located

bound, in the terms provided for in Article 21.

Article 9.

Purposes of television activity

1-Constitutions of the activity of television, depending on the nature, the subject and the area of

coverage of the services of television programmes made available:

a) Contribute to the information, training and entertainment of the public;

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b) To promote the exercise of the right to inform, to inform themselves and to be informed,

with rigour and independence, without impediments or discrimination;

c) To promote citizenship and democratic participation and to respect political pluralism,

social and cultural;

d) Disseminating and promoting the Portuguese culture and language, creators, artists and the

Portuguese scientists and the values that express 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

The technical conditions of the exercise of the television business and the fees to be paid by

allocation of rights or use of the resources required for transmission are set out in the

applicable legislation on electronic communications.

CHAPTER II

Access to television activity

Article 11.

Requirements of operators

1-A television activity that consists of the organisation of programme services

generalists or informative thematics of international, national or regional scope

only may be pursued, pursuant to this Law, by commercial companies which

have as their main object the exercise.

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2-A television activity that consists of the organisation of programme services

generalists or local-scope informative thematics can only be pursued, in the

terms of this Law, by commercial companies which have as the main object the

exercise of social media activities.

3-The minimum capital required for television operators to appear on leave for the

exercise of the television activity is:

a) € 5000000, when it deals with operator providing program services

television generalists national or international coverage;

b) 1000000, when it deals with operator providing program services

tv-themed coverage of national or international coverage;

c) € 100000 or € 50000, depending on whether they are operators who provide services of

television programs of regional or local coverage, regardless of your

typology.

4-The minimum capital required for distribution operators of programme services

conditioned or unconditioned access television with signature that use the

terrestrial hertziano spectrum is from:

a) € 5000000, when it deals with a network covering the generality of the territory

national, including the Autonomous Regions;

b) € 500000, when it deals with a network covering a set of districts in the

continent or a set of islands in the Autonomous Regions, or an island with

several municipalities, or still a metropolitan area;

c) € 100000, when it deals with a network covering a municipality or a

set of contiguing municipalities.

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5-Except for the provisions of paragraphs 1 and 2 the operators who only explore, without purpose

lucrative, services of educational, cultural and outreach television programs

scientific, which can rewear the form of association or foundation.

6-The capital of the operators shall be carried out in full in the 30 days after the notification

of the decisions referred to in Article 18, under penalty of expiry of the licence or permit.

Article 12.

Restrictions

1-A television activity may not be exercised or financed, directly or indirectly,

by political parties or associations, trade union organisations, employers or professionals,

professional public associations, save if that activity is exclusively exercised

via the Internet and consist in the organisation of nature programme services

doctrinaire, institutional or scientific.

2-Without prejudice to the provisions of Article 5, television activity shall not be exercised

by the State, by the autonomous regions, by local authorities or their associations,

directly or through state or regional public companies, companies

municipal, intermunicipal or metropolitan areas, unless that activity is

exclusively exercised through the Internet and consist of the organisation of services of

programs of an institutional or scientific nature.

3-A The provision of support for television activity by municipalities is limited to the organisation

and to the provision of services of local area programs enabled for the area of

respective municipal circumscription and must obey the principles of advertising, of the

objectivity, non-discrimination and proportionality, being subject to approval

by a majority of two-thirds of the members of the respective municipal assemblies.

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Article 13.

Modalities of access

1-A television activity is subject to licensing, upon public tender, open

by decision of the Government, when it uses the terrestrial hertzian spectrum intended for

broadcasting, in the terms provided for in the National Frequency Attribution Framework and

consist:

a) In the organisation of services of access TV programmes not

free conditioning;

b) In the selection and aggregation of services of television access programmes

conditioned or unconditioned with signature.

2-Addressing free unconditioned access program services, the licenses are

individualized according to the number of television program services to

provide by each television operator.

3-Addressing the services of television access television programs or not

conditioned with signature, are assigned, in the framework of the same contest, two

enabling titles, one that confers rights of use of the frequencies or sets

of radioelectric frequencies involved and another for the selection and aggregation of services

of television programmes to be provided by a distribution operator.

4-A television activity is subject to authorisation, the application of the concerned,

when you consist of the organization of television programme services that:

a) Do not use the terrestrial hertzian spectrum intended for broadcasting, on the terms

provided for in the National Frequency Attribution Framework;

b) They are intended to integrate the offer of a distribution operator beforehand

licensed for television activity, under the terms of the ( b) of paragraph 1.

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5-Authorizations are individualized according to the number of program services

televisions under jurisdiction of the Portuguese State to be provided by each operator.

6-Except for the provisions of the previous figures the public television service, in the

terms set out in chapter v.

7-The licences and permits for the activity of television are relatable.

8-A television activity is subject to registration, in the terms provided for in Article 19,

when you consist of the spread of services of television programmes exclusively through

of the Internet and which are not the subject of relaying through other networks.

Article 14.

Planning of frequencies

The planning of the radioelectric spectrum for the exercise of television activity

competes with the national regulatory authority of communications, heard the Entity

Regulator for Social Communication.

Article 15.

Public tender for services of free unconditional access programs

1-Without prejudice to the procedures necessary for the allocation of rights of use

of frequencies, in charge of the national regulatory authority of the communications of agreement

with Law No. 5/2004 of February 10, the public licensing contest for the

exercise of the television activity that consists in the organisation of services of

free unconditioned access programs is open by member of the

Government responsible for the area of social communication, which must contain the respective

object and regulation.

2-The requirements as to the area of coverage, the typology of programme services and the

number of hours of their respective issues shall obtain express plea in the text

of the regulation, taking into account the public interest that they aim to safeguard.

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3-The regulation identifies the conditions for admission of applications, as well as the

documentation that must accompany them, in such a way as to allow the verification of the

compliance of candidates and projects to legal and regulatory requirements,

particularly:

a) To the requirements of operators and restrictions on the exercise of activity;

b) To the rules on the concentration of the media title;

c) To the correspondence of the projects to the subject of the contest;

d) To the economic and financial viability of projects;

e) To the coverage obligations and to the respective fastening;

f) To the sufficiency of the human and technical means to be affected;

g) To the attestation of the regularized tax and contributory situation, may

presentation of the respective certificate is waived pursuant to the Decree-Law

n. 114/2007, of April 19.

4-For the purpose of graduation of the applications to tender and by treating services of

generalist TV programmes of national scope are still taken into account the

following criteria:

a) The input of each of the projects to qualify the TV offer in the area

that they propose to cover, awounded in the function of the guarantees of defence of pluralism

and of independence in the face of political and economic power, of the awarded highlight

information and the safeguarding of constitutionally recognized rights

to journalists, from the consistency of the general programming lines presented with

the respective editorial status and appropriateness of the projects to the partner reality-

cultural purpose to which they are intended;

b) The contribution of each of the projects to the diversification of the TV offer

in the area that they propose to cover, awounded in function of their originality, of the

investment in innovation and creativity and the guarantee of rights of access to

minorities and underrepresented tendencies;

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c) The contribution of each of the projects to the diffusion of creative works

European, independent and in language originary Portuguese;

d) The fulfilment of the legal standards and commitments made in the course of

previous exercise of a licensed television activity;

e) The general lines of human resources policy, particularly as to the

recruitment, training and vocational qualification plans.

5-For the purpose of graduation of the applications to tender and by treating services of

themed or regional or local television programmes, are taken up

account, when applicable, the criteria referred to in the preceding paragraph.

6-The regulation densifies the graduation criteria of the applications to tender

provided for in paragraphs 4 and 5 and assigns to each of them a relative weighting.

7-The regulation sets the value of the surety and the respective release regime second

principles of adequacy and proportionality in the face of compliance with obligations that

aims to safeguard, taking into account typologies and the territorial scope of the services of

television programs to be licensed.

8-The charge-book, which contains the obligations and conditions of the exercise of the

activity, it must be patent since the date of the publication of the opening porterie of the

contest until the day and time of the opening of the corresponding public act, in the terms

on it defined.

9-A Regulator for Social Communication pronounced preview and

compulsorily on the subject of the contest, their respective regulation and notebook

charges within 20 working days after receipt.

10-Elapsed the time limit referred to in the preceding paragraph, the draft regulation is

submitted, for a period of 30 days, public appreciation, being for the purpose

published in the 2 th series of the Journal of the Republic and on the electronic website of the department

responsible government.

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Article 16.

Public tender for services of unconditioned access programs with signature and

conditioning

1-The public tender for the allocation of the rights to use frequencies and to

licensing for the television activity that consists of the selection and aggregation of

services of unconditioned access programs with signature or conditioning is

opened by joint portaria of the Government members responsible for the areas of

media and electronic communications, which must contain the respective

object and regulation.

2-The requirements as to the area of coverage and the typology of programme services to

making available must obtain express foundation in the text of the regulation, having in

account for the principles of optimal management of the radio spectrum and the public interest

which aim to safeguard.

3-The regulation identifies the conditions for admission of applications, including the

documentation that must accompany them, which shall relate in particular to the

economic and financial viability of the projects, the coverage obligations and the

respective fastening and the compliance of candidates and projects to the object of the

contest and sectoral legal requirements, and may not be admitted to candidates who

do not have their tax situation regularised or present debt to safety

social.

4-Constitutions criteria for graduation of the applications to tender, to be considered

jointly, in accordance with their respective competences, by the Regulatory Entity

for Social Communication and by the national regulatory authority for communications:

a) The economic and financial costs associated with the projects;

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b) The contribution of projects to the development of the society of the

information, for the qualification of the TV offer, for the production of works

european and for the diffusion of creative works of production originating in language

Portuguese.

5-The regulation densifies the legal criteria for graduation of applications to tender and

assigns to each of them a relative weighting.

6-The regulation sets the value of the surety and the respective release regime second

principles of adequacy and proportionality in the face of compliance with obligations that

aims to safeguard.

7-The charge-book, which contains the obligations and conditions of the exercise of the

activity, it must be patent since the date of the publication of the opening porterie of the

contest until the day and time of the opening of the corresponding public act, pursuant to it

defined.

8-A Regulator for Social Communication and the national regulatory authority

of the communications pronounced preview and compulsorily on the object of the

contest, respective regulation and contract notebook within 20 working days after

your reception.

9-Elapsed the time limit referred to in the preceding paragraph for the consultation of the project of

regulation, this is submitted, for a period of 30 days, public appreciation, being

for the effect published in the 2 th series of the Journal of the Republic and on the electronic site of the

responsible government departments.

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Article 17.

Instruction of the processes

1-The licensing or permitting processes referred to in paragraph 1 a) of paragraph 1 and in the

n Article 13 (4) are instructed by the Regulatory Entity for Social Communication,

which promotes to the effect the collection of the opinion of the national regulatory authority of the

communications, with respect to the technical conditions of the applications.

2-The licensing processes provided for in the paragraph b) of Article 13 (1) are

instructed by the national regulatory authority of communications.

3-In the cases referred to in the preceding paragraph, the national regulatory authority of the

communications subjects to the verification of the Regulatory Entity for Social Communication

the fulfillment of the conditions for admission of the applications respecting your

competence.

4-Applications for permission are accompanied by documentation to be defined by portaria

approve by the member of the Government responsible for the area of social communication.

5-A The competent regulatory body for the instruction notifies the bidders, within

15 days from receipt, of any inadequacies detected in the respective

processes, and they should be supplied in the subsequent 15 days.

6-Application procedures that do not fulfil the conditions of admission provided for in the

opening office of the contest are refused by the competent regulator,

upon reasoned decision.

7-The processes admitted by the competent regulator shall, after the supply

of any shortfalls, be the subject of a decision to award or reject the

habilitator securities required within 90 days, dealing with process of

licensing, or 30 days, dealing with authorization.

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Article 18.

Assignment of licences or permits

1-Compete to the Regulatory Entity for Social Communication to assign, renew, amend or

revoke the licences and permits for the television business.

2-It is the condition of the licensing for the television activity that consists of the

provision of nationwide generalist TV programme services to

coverage of the generality of the national territory, including the Autonomous Regions.

3-The attribution and exclusion decisions are expressly grounded by

reference to the fulfillment of the conditions of admission and to each of the criteria of

graduation referred to in Articles 15 and 16, as well as to the issues raised in

hearing of interested.

4-A Regulatory entity for Social Communication can only refuse the assignment of

an authorisation when it is in question:

a) The compliance of the operators and the respective projects to the legal obligations

applicable;

b) The regularization of the tax situation of the bidder and in the face of social security;

c) The technical quality of the project presented.

5-The enabler securities relating to television activity enunciate the obligations and

conditions to which the programme services link, the classifications of the services of

television programmes and still the obligations and the fastening of the respective coverage.

6-The decisions referred to in paragraph 3 shall be notified to those concerned, published in the 2 th series of the

Journal of the Republic and made available on the electronic site of the Regulatory Entity for the

Social Communication, accompanied by the enabling titles containing the ends and

obligations to which they become bound by licensed or authorized operators.

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7-Compete to the national regulatory authority for communications to assign, renew, amend or

revoke the title empowering that confers the rights to use the frequencies or

sets of radioelectric frequencies intended for the provision of the services of

free, unconditioned, unconditioned access television programs with

signature or conditioner, pursuant to the terms set out in Law No 5/2004 of February 10,

without prejudice to the licensing regime set out in this Law.

Article 19.

Registration of operators

1-Compete to the Regulatory Entity for Social Communication to arrange a registration of the

television and distribution operators and their services of television programmes

with a view to the publicising of its ownership, of its organisation, of its functioning

and of their obligations, as well as the protection of their designation.

2-A Regulator for Social Communication proceeds officiously to the records and

averages that arise from your licensing and authorisation activity.

3-Television and distribution operators are required to communicate to the Entity

Regulator for Social Communication the necessary elements for registration purposes,

as well as proceeding to their update, in the terms set out in decree

regulatory.

4-A Regulatory Authority for Social Communication may at any time carry out

audits for the surveillance and control of the elements provided by the operators of

television and distribution.

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Article 20.

Start of emissions

Television operators must start emissions from TV programme services

licensed or authorized within 12 months from the date of the final decision of

assignment of the corresponding habilitator title.

Article 21.

Observance of the approved project

1-The exercise of television activity depends on compliance, by the operator, of the

conditions and terms of the licensed or authorised project, by becoming the modification of this

subject to the approval of the Regulatory Entity for Social Communication, to which if

pronounces within 90 days.

2-A modification of the services of TV programmes can only occur on the application,

three years after the assignment of the permit or one year after the assignment of the permit.

3-The request for modification shall be reasoned with regard to, in particular, the

essential legal conditions of which it depended on the assignment of the licence or permit, the

market developments and the implications for the potential audience of the service of

programs in question.

Article 22.

Term of licences or permits

1-The licences and permits for the exercise of the television activity are issued by the

term of 15 years and renewables for equal periods.

2-The application for renewal of licences or permits must be submitted with the

Regulator for Social Communication between 240 and 180 days prior to the term of the

respective deadline.

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3-A Regulatory entity for Social Communication decides on the application for renewal

of the licences or permits up to 90 days prior to the expiry of the respective term.

4-A renewal of licences and permits is accompanied by densification, by the Entity

Regulator for Social Communication, in the light of the developments in the meantime occurred in the

audiovisual panorama, of the obligations to which the operators are bound, by

form to suit them to the statutory provisions to the applicable date.

5-A renewal of licences or permits is only granted in the event of a recognised

fulfillment of the obligations and conditions to which the respective obligations are linked

operators.

Article 23.

Interim evaluation

1-At the end of the 5. and of the 10. years on the allocation of licences and permits, the Entity

Regulator for Social Communication elaborates and makes it public, after hearing of the

interested, a report of assessment of the fulfilment of obligations and conditions to

that the operators are bound by, and must, in accordance with the analysis

carried out, issue the due recommendations.

2-The reports of the evaluations referred to in the preceding paragraph, as well as that of the evaluation

relating to the last fortnight of the licences and permits, must be taken

into account in the decision of its renewal.

Article 24.

Extinction and suspension of licences or permits

1-The licences or permits extinguished by the course of the period or by revocation, in the

terms of the law.

2-The licences and permits, as well as the programmes, may be suspended in the cases and

in the terms set out in Articles 77, 81 and 85.

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3-A The revocation and suspension of licences or permits are the competence of the entity

to which it is incumbent on the assignment.

CHAPTER III

Distribution of services of television programmes

Article 25.

Distribution operators

1-Distribution operators shall, in the ordinance and presentation of the respective

tv offer, assign priority, successively, to programme services

television of expression originary Portuguese of generalist content, of information

general and of a scientific, educational or cultural character, taking into account its scope of

coverage and the conditions of access practiced.

2-The operators of electronic communication networks used for the activity of

television stay obliged, upon decision by the national regulatory authority of the

communications issued in accordance with the provisions of Article 43 (1) and (2) of the Law

n ° 5/2004 of February 10 on the transport of the services of television programmes to

specify by the Regulatory Entity for Social Communication under the terms of the

s) of Article 24 (3) of Law No 53/2005 of November 8.

3-For the purposes of the provisions of the preceding paragraph, the responsible television operators

by the organisation of the television programme services listed therein are required

to proceed to the delivery of the respective signal.

4-A The national regulatory authority of communications may, in the terms of the

n Article 43 (3) of the Law No 5/2004 of February 10, determine a

appropriate remuneration as a counterpart to the imposed transport obligations.

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5-A Regulatory entity for Social Communication can determine, in a manner

proportional, transparent and non-discriminatory, a suitable remuneration as

counterpart of the delivery obligations imposed in accordance with paragraph 3.

6-The operators of electronic communication networks that conduct the issuance of

televised programme services and distribution operators must make available

network and distribution capacity for services of regional TV programmes and

places, as well as for the diffusion of educational or cultural activities,

given the characteristics of the composition of the offer and the technical conditions and

market at every time verified by the Regulatory Entity for Communication

Social in the framework of the processes of authorisation to which there is, heard, whenever

understand necessary, the Competition Authority or the national regulatory authority

of the communications.

7-The changes to the composition of the offer of the services of television programmes

distributed or to the respective conditions of access must take into account the obligations

of diversification and pluralism and respect for the rights of consumers.

8-regardless of the provisions of the preceding paragraph, they shall be communicated to the

consumer, 30 days in advance, any changes of the conditions

contracted.

9-The communications referred to in the preceding paragraph shall be accompanied by the mention

of the contract resolution faculty whenever they respect the changes of the

composition or the price of the offer of the services of distributed television programs.

10-A Regulatory entity for Social Communication may, in the terms of the respective

Statutes, adopt decisions that ensure compliance with the provisions of the

present article.

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CHAPTER IV

Programming and information

SECTION I

Freedom of programming and information

Article 26.

Autonomy of operators

1-A freedom of expression of thought through the services of TV programmes and

of audiovisual services on request integrates the fundamental right of citizens to a

free and pluralistic information, essential to democracy and social development and

economic of the Country.

2-Unless the cases provided for in this Law, the exercise of the activity of television and of the

audiovisual services on request is based on freedom of programming, not the

Public Administration or any organ of sovereignty, with the exception of the courts,

prevent, condition or enforce the diffusion of any programs.

Article 27.

Limits to freedom of programming

1-A programming of the services of TV programmes and audiovisual services to

application must respect the dignity of the human person and the rights, freedoms and

fundamental guarantees.

2-The services of TV programmes and audiovisual services on request cannot,

through the elements of programming that spread, incite to racial hatred, religious,

political or generated by colour, ethnic or national origin, by sex or by orientation

sexual.

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3-No TV emission of programmes likely to be prejudice is permitted

manifest, serious and gravely the free formation of the personality of children and

adolescents, specifically those containing pornography in the service of programmes

of unconditioned access or gratuit-free violence.

4-A TV issuance of any other programmes likely to influence in such a way

negative in the formation of the personality of children or adolescents must be

accompanied by the permanent diffusion of an appropriate visual identiactive and can only

take place between 22 pm and 30 and 6 pm.

5-A Regulator for Social Communication encourages elaboration by the

television operators of a common system of classification of the programmes of

television, which provides for a set of identifiable signs of the different scales

etharies in the function of the contents presented and that respects, in the exhibition of works

cinematographic and videogrammes, the classification of the classification commission of

spectacles.

6-Except for the provisions of paragraphs 4 and 5 the transmissions in programme services

conditioned access television.

7-The provisions of the preceding paragraphs cover not only any elements of

programming, including advertising and messages, extracts, or images from

autopomotion, as still teletext services and electronic programming guides.

8-The programming elements with the characteristics to which the n. ºs 3 and 4

may be passed on in any news services when, they are of

journalistic importance, are presented with respect to the ethical standards of the

profession and antecedents of a caveat about its nature.

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9-A Regulator for Social Communication defines and makes public the criteria

followed for the assessment of non-compliance with the provisions of paragraphs 3 and 4, which

they must be objective, appropriate, necessary and proportionate to the purposes

proceeded.

10-The programmes of audiovisual services on request that are likely to harm

manifest, serious and gravely the free formation of the personality of children and

adolescents, such as those of pornographic content, may only be

made available by adopting appropriate technical functionalities to avoid the

access to these contents by that segment of the public.

11-Television operators and operators of audiovisual services on request may

adopt codes of conduct that respond to the requirements contained in this article,

heard, in the case of the television operators, the respective drafting boards,

within the scope of its assignments.

Article 28.

Limits to freedom of retransmission

The provisions of paragraphs 1 a to 3 and 7 of the preceding Article shall apply to the retransmission of services from

television programmes in the cases and in accordance with the procedures laid down in the article

86.

Article 29.

Announcement of programming

1-Television operators must inform, reasonably in advance and in a way

appropriate to the knowledge by the public, about the content and alignment of the

programming of the services of television programmes of which they are responsible.

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2-A schedule announced, as well as its expected duration and time of issue,

can only be changed by the television operator with a higher advance notice to

forty-eight hours.

3-A The obligation provided in the preceding paragraph may be turned away when the nature itself

of the events conveyed the justifying, by necessity of informative coverage

of unforeseen occurrences or in cases of force majeany.

4-Regardless of the advance notice with which to check and the reasons that the

determine, the schedule changes referred to in paragraphs 2 and 3 shall be

communicated to the public in the service of programs to which they respect.

5-The announcement of the planned schedule for the services of television programmes carried out

on various services or media organs is compulsorily accompanied

of the Identiative referred to in Article 27 (4), and such information shall be

provided by the responsible operator.

Article 30.

Mandatory disclosure

1-Are compulsorily disclosed through the public television service, with the

due relief and the utmost urgency, the messages whose diffusion is requested by the

President of the Republic, by the President of the Assembly of the Republic and by the

Prime Minister.

2-In the event of a declaration of the state of site or the state of emergency, the obligation

predicted in the previous number also falls on the remaining television operators.

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Article 31.

Political propaganda

It is vetted to the operators of television, distribution and audiovisual services to

request the ceding of political propaganda spaces, without prejudice to the provisions of the

chapter VI.

Article 32.

Acquisition of exclusive rights

1-It is void of the acquisition, by any television operators, of exclusive rights to the

transmission of events of a political nature.

2-In the event of a takeover, by television operators who emit in an access regime

conditioned or without national coverage, of exclusive rights to the transmission,

integral or partial, directly or in deferred, from other events that are the subject

of widespread interest from the public, television rights holders are required to

to provide, in non-discriminatory terms and in accordance with the normal conditions of the

market, its access to another or other operators interested in the transmission that

emit by means of terrestrial hertziana with national coverage and unconditioned access.

3-In the lack of agreement between the holder of the television rights and the remaining operators

interested in the transmission of the event, there is place the binding arbitration of the Entity

Regulator for Social Communication, upon application by either party.

4-The events to which the preceding figures are referred, as well as the conditions of the

respective transmission, are listed to be published in the 2 th grade of the Journal of the Republic , up to

October 31 each year, by the member of the Government responsible for the sector, heard

the Regulatory Entity for Social Communication, without prejudice to the publication of

exceptional additions determined by the supervenient and unpredictable occurrence of

facts of the same nature.

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5-Unique rights holders for the transmission of any events stay

required to give in the respective signal, either directly or in deferred, to the operators who

have international emissions, for restricted use to these, under conditions to

define in decree-law, which sets out the criteria of the retribution by ceding, and

place, in the lack of agreement among those concerned, the binding arbitration of the Entity

Regulator for Social Communication.

6-The television operators subject to this Law shall be vetted the exercise of rights

exclusive in terms that prevent a substantial portion of the public from another state

member of the European Union to accompany, on the unconditioned access television,

events set out in the lists referred to in paragraph 8, under the conditions laid down therein.

7-A failure to comply with the provisions of paragraphs 2 or 6 does not give way to the application of the respective

sanctions whenever the holder of the exclusive demonstrates the impossibility of compliance

of the obligations in them envisaged.

8-For the purpose of the provisions of paragraph 6, the definitive list of the measures taken by the States

members, as disclosed in the Official Journal of the European Union , is the subject of publication

in the 2 th grade of the Journal of the Republic on the initiative of the member of the Government responsible for the

area of social communication.

Article 33.

Right to informative extracts

1-Those responsible for the realization of shows or other public events that

occur on national territory, as well as the exclusive rights holders who on

they focus, they cannot object to the transmission of brief extracts from them, of

informative nature, by service part of programmes made available by any

television operator, national or not.

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2-For the exercise of the right to information provided for in the preceding paragraph, the operators

can use the signal issued by the holders of the exclusive rights, supporting only

the costs that eventually arise from making it available, or resorting, in

alternative, to the use of own technical means, in the legal terms that ensure the

access of the media organs to public places.

3-When an operator under the jurisdiction of the Portuguese State detains exclusive rights

for the transmission, for the national territory, of events occurring in the territory

of another Member State of the European Union, shall provide access to the respective sign

to other national operators interested in the transmission of brief extracts from

informative nature about those events.

4-Without prejudice to agreement for diversion use, the extracts to which the

numbers 1 and 3 must:

a) Limit yourself to the strictly indispensable duration to the perception of content

essential of the events in question, taking into account the nature of the

events, provided that it does not exceed ninety seconds;

b) Be disseminated exclusively in regular programs of an informative nature

general;

c) Be disseminated in the thirty-six hours subsequent to the cessation of the event, save

when their subsequent inclusion in reports of other events of

timeliness is justified by the end of information pursued;

d) Identify the source of the images, if they are diffused from the emitted signal

by the holder of the exclusive.

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5-Unless concluded agreement for the purpose, only the use of short extracts is permitted, of

informative nature, concerning spectacle or other public events on which

there are exclusive rights in audiovisual services on request when included in

programs previously broadcasted by the same operator in program services

televisions.

SECTION II

Obligations of operators

Article 34.

General obligations of operators

1-All television operators must ensure, in their programming, in particular

through practices of self-regulation, the observance of an antenna ethic, which ensures

respect for the dignity of the human person, for fundamental and too much rights

constitutional values, in particular the development of the personality of children and

teenagers.

2-Constituent, inter alia, general obligations of all television operators that

explore services of generalist TV programmes, of national coverage:

a) Ensure, including at the times of higher viewership, the diffusion of a

diversified and plural programming;

b) To ensure the spread of information that respects pluralism, rigour and

exemption;

c) Ensure independent programming and information in the face of power

political and economic power;

d) Issue the messages referred to in Article 30 (1), in the event of a declaration of the

state of site or the state of emergency;

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e) Ensure the exercise of the right of antenna in electoral periods, in the terms

constitutional and legally foreseen;

f) Ensure the exercise of the rights of reply and rectification, in the terms

constitutional and legally foreseen;

g) Disseminating creative works of European origin, specifically in language

Portuguese, and participate in the development of their production, according to the

applicable legal standards.

3-A Regulator for Social Communication defines, ears the National Institute

for Rehabilitation, television operators and operators of audiovisual services

on request, on the basis of a multiannual plan that provides for its gradual compliance, and

taking into account the technical and market conditions at every time by it

verified, the set of obligations relating to the accessibility of services of

television programmes and audiovisual services on request by persons with

special needs, namely, and attentive to the nature of the service, the recourse to

subtitling, to interpretation by means of sign language, to audiodescription or to other

techniques that prove suitable, as well as the availability of navigation menus

easily understandable.

4-In addition to those provided for in points a) a d) and f) of paragraph 2, constitute obligations of the

services of generalist TV programmes of regional or local scope:

a) Extending television programming to regional or local intimate content;

b) Disseminate information with particular interest to the geographical scope of the

hearing;

c) To promote the characteristic values of regional or local cultures.

5-Constituts obligations of the thematic programme services, attending to their nature,

the points a ), b) and g) and, regardless of their nature, the points c) and f) of paragraph 2.

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Article 35.

Responsibility and editorial autonomy

1-Each TV programme service shall have a director responsible for the

guidance and supervision of the content of emissions.

2-Each television program service that includes informational programming must have

a responsible for the information.

3-Each audiovisual service operator on request must have a responsible for

selection and organization of the programme catalogue.

4-A designation and the dismissation of the responsible for the informative content of the services

of television programmes are the competence of the television operator, heard the

drafting board.

5-A The prior hearing of the drafting board is waived in the appointment of the first

responsible for the informative content of each program service and in the services

of programs of a doctrinaire or confessional nature.

6-Steering or managerial positions in the area of information are exercised with

editorial autonomy, being vetted to the television operator interfering in production

of the contents of informative nature, as well as in the form of its presentation.

7-Except for the provisions of the preceding paragraph the guidelines aiming at the strict

acatament of legal prescriptions whose default originates criminal liability

or counter-ordinance on the part of the television operator.

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Article 36.

Editorial status

1-Each TV programme service shall adopt an editorial status that defines clear

and in detail, with binding character, its orientation and objectives and include the

commitment to respect the rights of the spectators as well as the principles

deontological of journalists and professional ethics.

2-The editorial status is drawn up by the person responsible referred to in the previous article,

heard the drafting board, and subject to approval by the proprietary entity, owing

be remitted, in the 60 days subsequent to the commencement of emissions, to the Regulatory Entity

for Social Communication.

3-The amendments made to the editorial statute follow the terms of the provisions of the

previous number.

4-The editorial status of television programme services shall be made available in

support appropriate to your knowledge by the public.

Article 37.

News services

The services of generalist TV programmes should feature news services

regular, assured by journalists.

Article 38.

Board of drafting and the right of participation of journalists

In the services of television programmes with more than five journalists there is a council of

wording, electing it second to form and with the powers defined by law.

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Article 39.

Number of hours of issue

1-The services of licensed television programmes shall issue programmes during the

less six hours daily.

2-Excluding the clearance of the limit set in the previous number the emissions of

advertising and televenda, without prejudice to the provisions of Article 8 (4), as well as

those that reproduce fixed or merely repetitive images.

SECTION III

Audiovisual Commercial Communications

SUBSECTION I

TV advertising and televenda

Article 40.

Time reserved for TV advertising and televenda

1-The time of issue intended for TV advertising and televenda, in each period

between two units of the hour, it cannot exceed 10% or 20%, depending on

whether it deals with services of television access television programmes or services of

free or unconditioned access television programs with

signature.

2-Excludes from the limits set in the preceding number the autophromes, the

telepromotions and the televenda blocks.

3-The televenda blocks must have an uninterrupted duration of at least fifteen

minutes.

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Article 40-The

Identification and separation

1-A TV advertising and the televenda shall be easily identifiable as such and

clearly separated from the rest schedule.

2-A separation referred to in the preceding paragraph shall be made:

a) Between programs and in their interruptions, by the insertion of optical separators and

acoustics at the beginning and end of each interruption, owing the initial separator to contain,

in a noticeable way to the recipients, and depending on the cases, the mention

"Advertising" or "Televenda".

b) If there is fractionation of the screen, through the demarcation of an area of the screen,

never superior to a fourth part of this, clearly distinct from the area

remnant and identified perceptibly to the recipients, with the

mention "Publicity".

Article 40-B

Insertion

1-A TV advertising and televenda can be inserted, as long as they do not attest

against the integrity of the programs and take into account their natural interruptions,

as well as their duration and nature, and in such a way as to not lam the rights of any

holders:

a) Between programs and the interruptions of the programs;

b) Using the whole of the screen or part of this.

2-A The insertion of TV advertising or televenda may not imply the increase in the level

of the sound volume applied to the remaining programming.

3-It is prohibited:

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a) The televenda on fractionated screen;

b) The televenda in the course and immediately before and after the transmission of

children's programs;

c) TV advertising on fractionated screen in the course of newscasts and

political information programs, in children's programs and in programs

intended for the dissemination of religious services;

d) TV advertising on fractionated screen in the course of the issuance of works

creative;

4-A broadcast of news outlets, political information programs, cinematographic works

and of films designed for television, with the exception of series, leaflets and

documentaries, can only be interrupted by TV advertising and, or, televenda a

time for each programming period of, at the minimum, 30.

5-A The transmission of children's programmes can only be interrupted by TV advertising

one time for each programming period of at least 30, provided that the

expected duration for the program to be more than 30.

6-A spread of religious services cannot be interrupted for insertion of advertising

television and, or, televenda.

7-The messages of television advertising and of insulated televenda, unless presented in

transmissions of sporting events, can only be entered in title

exceptional.

Article 40-C

Telepromotion

1-A telepromotion is only admitted to lightly entertaining programs, namely

in contests.

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2-Viewers must be informed of the existence of telepromotion at the beginning and in the

end of programs that have recourse to this form of advertising.

3-A telepromotion is immediately preceded by optical or acoustic separator and

accompanied by an identifier that marks out its commercial nature.

SUBSECTION II

Other forms of audiovisual commercial communication

Article 41.

Sponsorship

1-The services of TV programmes and the audiovisual communication services to

application, as well as the respective sponsored programmes are clearly

identified as such by the name, logo, or any other distinctive sign of the

sponsor of your products or of your services.

2-Sponsored programs must still be identified at the beginning, in the beginning and in the

end of the program, without prejudice to such an indication can be made cumulatively

at other times as long as it does not act against the integrity of the programmes, having

into account their natural interruptions, as well as their duration and nature, and be

carried out in such a way as not to lull the rights of any holders.

3-The news services and political information programs cannot be

sponsored.

4-The contents of a television programme service, audiovisual service on request or

sponsored program or, in the case of television program services, its

schedule, may in no case be influenced in such a way as to affect the

respective responsibility and editorial independence.

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5-The services of sponsored programs or programs, as well as the identification of the

respective sponsorships, they may not directly encourage the purchase or leasing of

products or services of the sponsor or third parties, notably through

promotional references specific to these products or services.

Article 41-The

Product placement and production aid

1-A product placement is only allowed in cinematic works, films and series

designed for services of TV programmes or audiovisual services on request,

programmes on sport and light entertainment programmes.

2-The placement of product in children's programs is prohibited.

3-The content of the programmes in which there is product placement and, in the case of

televised programme services, their programming, they cannot, in any case, be

influenced in such a way as to affect their respective responsibility and independence

editorial.

4-Programs that are the subject of product placement may not encourage

directly to the purchase or leasing of products or services, particularly through

promotional references specific to these products or services.

5-A product placement may not grant undue relief to products, services or

trademarks, specifically when the reference made is not justified

for editorial reasons or is likely to induce the public in error in relation to their

nature, or still by the recurrent form as those elements are presented or

posts in evidence.

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6-Programs containing product placement, when produced or

commissioned by the television operator or by the audiovisual services operator a

application that proceeds to the respective diffusion or, still, by a subsidiary thereof, shall be

properly identified at the beginning, at the end and upon their restart after

advertisement interruptions.

7-The granting of production aids to any programme is permitted when the goods or

services used do not have significant commercial value, applying the willing

in the n. paragraphs 3 a to 6.

8-It is not admitted to the presentation, during the screening of children's programmes, of any

type of commercial messages likely to impair physical development and

mental of the minors, specifically those relating to food and beverages containing

nutrients and substances with a nutritional or physiological effect whose presence in

excessive amounts in the food regime is not recommended.

9-In aid for production in which the goods or services used have commercial value

significant apply the rules laid down for the placement of product, including those of

counterordinational nature.

10-The significant commercial value is determined upon agreement entered into between the

television and audiovisual services operators on request and subject to ratification of the

ERC.

11-In the absence or lack of underwriting of the agreement referred to in the preceding paragraph, the value

significant business is defined by the ERC, listened to the operators of the sector, owing

in any case to have as reference the commercial value of the goods or services

involved and the advertising value corresponding to the time of issue in which the good

or service is commercially identifiable, specifically through the display of the

respective brand, increased from the immediately preceding identification time or

subsequent to the programme in accordance with the highest television advertising tariff

in force at the date of the first issue of the programme or of its first provision to

request.

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Article 41-B

Virtual audiovisual commercial communications

1-Only virtual audiovisual commercial communications can be inserted in places where

beforehand there are and are visible commercial communications as long as they are not

given greater relief and obtained the agreement of the organizers of the transmitted event and of the

holders of the rights of transmission.

2-Consumers must be informed of the insertion of commercial communications

virtual audio-visual at the beginning and end of each program in which they occur.

3-The insertion of virtual audiovisual commercial communications into works is prohibited

creatives, as defined in the paragraph g) of Article 2 (1) of this Law.

Article 41-C

Time of issue

The time of issue intended for the identification of sponsorship, product placement and the

production aid, as well as the intended for the dissemination of messages concerning the

public services or purposes of public interest and calls for a humanitarian content transmitted

free of charge, within the framework of services of TV programmes or audiovisual services to

request, is not subject to any limitation.

Article 41-D

Interactivity

1-Inclusion in advertising spaces entered in the programme services is permitted

televisions or in audiovisual services at the request of functionalities enabling the

passage to interactive environment containing advertising.

2-The inclusion of the interactive functionalities referred to in the preceding paragraph shall be prohibited

course of children's programmes and in the five minutes immediately preceding and

subsequent to its transmission.

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3-A The passage of the interactive environment containing advertising is compulsorily

preceded by an intermediate warning screen that contains unambiguous information about

the fate of such a transition and to easily allow the return to the linear environment.

4-On the provision of services of television programmes of the planned functionalities

in the preceding paragraph shall apply to general standards for publicity,

notably those that enshrine restrictions on their object and content.

SECTION IV

Identification of programmes and recording of emissions

Article 42.

Identification of programmes

The programmes shall be identified and contain the relevant elements of the respective

artistic and technical fact sheets.

Article 43.

Recording of emissions

1-Irrespective of the provisions of Article 92, emissions shall be recorded and

conserved by the minimum 90-day deadline, if another longer is not determined

by law or by judicial decision.

2-A Regulator for Social Communication may, at any time,

ask the operators for the recordings referred to in the preceding paragraph, and the

Same, in case of a duly substantiated urgency, be sent on time

maximum of forty-eight hours.

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SECTION V

Dissemination of audiovisual works

Article 44.

Defence of the Portuguese language

1-Issues must be spoken or subtitled in Portuguese, without prejudice to the possible

use of any other language when you are dealing with programs that fill in

punctual needs of informative type, intended for the teaching of languages

foreigners or especially targeted at immigrant communities.

2-The services of national coverage television programmes, with the exception of those

whose nature and subject to such an object are to be opposed, they must devote at least 50% of their

emissions, excluding time devoted to advertising, televenda and teletext, à

diffusion of programmes originally in Portuguese language.

3-Without prejudice to the provisions of the preceding paragraph, the programme services referred to therein

must dedicate at least 20% of the time of their emissions to the diffusion of works

production creatives originated in Portuguese language.

4-The percentages provided for in paragraphs 2 and 3 can be filled, up to a maximum of

25%, by programmes originating in other luscious countries other than Portugal.

5-Television operators shall ensure that the fulfilment of the percentages

referred to in paragraphs 2 and 3 do not take place in periods of reduced hearing.

Article 45.

European production

1-Television operators who explore services of television coverage programmes

national should incorporate a majority percentage of European works in the

respective schedule, once deducted the time of issue devoted to the

news outlets, sports events, competitions, advertising, televenda and teletext.

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2-Audio-visual services on request should contribute to the promotion of works

european, specifically through the financial contribution to its production or the

its progressive incorporation into the respective catalogue.

3-Audio-visual services on request should confer special visibility on their catalogue at

european works, adopting functionalities that allow the public to research

by the origin.

Article 46.

Independent production

The television operators exploring services of television coverage programmes

national must ensure that at least 10% of the respective schedule, with exclusion

of the times devoted to the news, sporting events, contests, advertising,

televenda and teletext, be filled through the diffusion of European works,

coming from independent producers of the television bodies, produced there are

less than five years.

Article 47.

Criteria for application

1-Compliance with the obligations referred to in Articles 44 to 46º is assessed annually,

shall be taken into account, where applicable, the specific nature of the services of

thematic TV programmes and the responsibilities of the operator on the subject of

information, education, culture and fun.

2-The reports of the assessment referred to in the preceding paragraph, containing the respective

conclusions, are made public on the electronic site of the Regulatory Entity for the

Social Communication until June 30 of the year subsequent to that which they relate to.

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Article 48.

Support for production

The State shall ensure the existence of measures to encourage the audiovisual production of

fiction, documentary and animation of original creation in Portuguese language, having in

a view to the creation of conditions for compliance with the provisions of Articles 44 to 46,

through the adoption of the legal, financial, tax or credit mechanisms

appropriate.

Article 49.

Duty of information

The television operators and audiovisual service operators on request are

required to pay annually to the Regulatory Entity for Social Communication, from

deal with model by it defined, all the elements necessary for the exercise of the

monitoring of the performance of the obligations laid down in Articles 44 to 46.

CHAPTER V

Public service

Article 50.

Principles

1-A The structure and operation of the public television service operator shall

safeguard its independence before the Government, the Public Administration and the

too much public powers, as well as ensuring the possibility of expression and confrontation

of the various currents of opinion.

2-The public television service guarantees the observance of the principles of universality and

of national cohesion, diversification, quality and indivisibility of programming,

of pluralism and rigour, exemption and independence of information, as well as the principle

of innovation.

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Article 51.

Specific obligations of the dealership of the public television service

1-A dealership of the public television service must, according to the principles

set out in the previous article, present a schedule that promotes training

cultural and civic of the viewers, ensuring the access of all to the information, to the

education and quality entertainment.

2-The dealership is incumbent, specifically:

a) Provide a varied and comprehensive schedule, which promotes diversity

cultural and take into account the interests of minorities;

b) Promote public access to Portuguese cultural manifestations and ensure

your appropriate informative coverage;

c) Provide a free, rigorous, plural and contextualized information, which

guarantee the news coverage of major national events and

international;

d) Ensure the production and transmission of educational and entertainment programmes

intended for the young and child public, contributing to their training;

e) Ensure the transmission of programmes of cultural, educational and

informative for specific audiences, including the ones that make up the various

immigrant communities in Portugal;

f) Participate in activities of education for the media,

guaranteeing, inter alia, the transmission of targeted programmes for that

objective;

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g) Promoting the issuance of programmes in Portuguese language, gender

diversified, and reserve European production considerable part of their time

of issuance, and they shall devote them higher percentages to those required in the

present law to all television operators, attentive to the mission of each of the

your programme services;

h) Supporting the national production of cinematographic and audiovisual works, in the

respect for the international commitments that bind the Portuguese State, and

co-production with other countries, in particular Europeans and the community of

Portuguese language;

i) Issue programs aimed especially at the Portuguese residents outside

Portugal and the nationals of Portuguese-speaking countries, equally

residents outside Portugal;

j) Ensure the possibility of monitoring of emissions by persons with

special needs, particularly through the recourse to the subtitling, to the

interpretation by means of the sign language, the audio-description or other techniques

that revels in proper, as well as issuing programming specifically

directed towards that segment of the public, according to the timing

defined in the multiannual plan referred to in Article 34 (3), which it takes into account

the special public service responsibilities, provided for in the framework of the

respective concession contract;

l) Ensure the exercise of antenna, response and political rebuttal rights, in the

constitutional and legally foreseen terms;

m) Issue the messages the diffusion of which is requested by the President of the Republic,

by the President of the Assembly of the Republic or by the Prime Minister;

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n) Giving up time of issue to the Public Administration with a view to the disclosure of

information of general interest, particularly in respect of health and safety

public.

Article 52.

Grant of public television service

1-A The granting of the public television service is awarded for periods of 16 years, in the

terms of contract to be concluded between the state and the dealership society.

2-A The granting of the public television service is carried out by means of services of

free unconditioned access television programs or, when reasons of nature

technological or financial the impose, of unconditioned access with signature.

3-A The granting of the public service necessarily includes:

a) A service of generalist programs distributed simultaneously on the whole

national territory, including the Autonomous Regions, with the aim of

meet the formative, informative, cultural and recreational needs of the

large public;

b) A second service of generalist programs distributed simultaneously on

all the national territory, including the Autonomous Regions, open to

participation of civil society and with the aim of meeting the needs

informative, recreational and, in particular, educative, formative and cultural of the

various segments of the public, including minorities;

c) Two services of specially targeted TV programmes,

respectively, the Autonomous Region of the Azores and the Autonomous Region of the

Wood;

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d) One or more of the services of vocationalized programs for the viewers of

Portuguese language residing abroad or especially addressed to countries

of Portuguese official language, which promote the affirmation, valorisation and defence of the

image of Portugal in the world.

4-The services of television programmes referred to in points a) , b) and c) of the previous number

are necessarily of open access.

5-For compliance with the legal and contractually established obligations, the granting of the

public television service can further integrate TV programme services that

have per object, specifically:

a) The specialist provision of information, giving particular attention to topics

with an interest for specific regions and communities, in articulation or not

with the remaining services of television programmes, particularly in relation to

joint management of rights;

b) The disclosure of the documentary acquis coming from the audiovisual archives of the

dealership of the public service;

c) The satisfaction of the educational and formative needs of the children's public and

juvenile;

d) The promotion of access to the different areas of knowledge.

6-The concession contract to which you rent paragraph 1 establishes, in accordance with the provisions of the

this chapter, the rights and obligations of each of the Parties, and shall define the

objectives to be achieved and the qualitative and quantitative criteria that ensure your

concretization, as well as the respective forms of evaluation.

7-The content of the concession contract and the acts or contracts referred to in the number

previous is the subject of opinion of the Regulatory Entity for Social Communication.

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8-The concession contract shall be reviewed at the end of each four-year period, without

injury damage to the changes that in the meantime occur.

9-The review process referred to in the preceding paragraph shall consider the evaluation of the

compliance with the public service and to contemplate a public consultation on the objectives

and reference criteria for the following quadriennium.

Article 53.

First service of generalist programs of national scope

The service of generalist programs of national scope directed at the large public shall,

listening to the territorial realities and the different constitutive groups of society

Portuguese, grant special relief:

a) To information, specifically through the diffusion of debates, interviews,

reportages and documentaries;

b) To the entertainment of quality and expression originated Portuguese;

c) To the transmission of cultural programmes;

d) To the awareness of the viewers for their rights and duties while

citizens.

Article 54.

Second service of generalist programmes of national scope

1-The second service of generalist programs of national scope comprises a

programming of strong cultural and formative component, and should value education, the

science, research, the arts, innovation, social action, dissemination of causes

humanitarian, unprofessional sport and school sport, religious confessions,

the independent production of creative works, Portuguese cinema, the environment, the defence

of the consumer and the audiovisual experimentalism.

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2-The second service of generalist programs of national scope shall ensure a

great quality programming, coherent and distinct from the other programme services

public service televisions, in it participating public or private entities with

relevant action in the areas referred to in the preceding paragraph.

3-Together of the second programme service works a representative advisory body

of the partners of the Public Administration and the civil society that with it relate to.

Article 55.

Services of international TV programmes

1-The services of television programmes referred to in para. d) of Article 52 (3)

pursue their own goals taking into account national interests in what

respects the connection to the Portuguese communities scattered around the world or cooperation

with the Portuguese-speaking countries.

2-For the fulfilment of the provisions of the preceding paragraph, the dealership of the service

public television can carry out collaboration agreements with private carriers

of television broadcasting services from generalist TV programmes, as well as

with public bodies and services with relevant activity in those fields.

3-Join the services of international TV programmes works an organ

representative advisory of the partners of the Public Administration and civil society

that with him relate.

Article 56.

Services of regional TV programmes

1-The services of television programmes especially aimed at Autonomous Regions

of the Azores and Madeira should cater to their respective social and cultural realities and

value regional production.

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2-Regional-level TV programme services must give up time of issue

to the Public Administration, including the autonomous regional administration, with a view to the

dissemination of information of general interest, particularly in health matters and

public safety.

3-A dealership of the public television service and the Regional Governments of the Azores and

of Madeira may establish specific agreements that provide for the financing of

specific complementary obligations of the public television service, as such

defined by the respective Legislative Assemblies.

Article 57.

Financing and control of implementation

1-The State secures the funding of the public television service and zela for its

appropriate application, on the terms set out in law and in the concession contract.

2-Public funding must comply with the principles of proportionality and

transparency.

3-The concession contract shall establish a control system that checks the

compliance with public service missions and transparency and proportionality

of the associated financial flows, ensuring that these are limited to what is necessary for the

your pursuit and forecasting the appropriate mechanisms to ensure reimbursement, in

case of financial overcompensation.

4-The concession contract shall also prevent the dealership from adopting practices

not justified by the rules of the market leading to the increment of costs or the

reduction of income.

5-With the aim of enabling an appropriate and effective resource management, according to

foreseeable development of the economic and social conjuncture, the burdens arising from the

funding for public radio and television service will be provided for on a horizon

multiannual, with the duration of four years.

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6-A The forecast 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-A Annual external audit, promoted by the Regulatory Entity for Communication

Social within the scope of your competences, necessarily includes the verification of the

compliance with the provisions of paragraph 2 a to 4 of this Article.

CHAPTER VI

Antenna, response, and political replica rights

SECTION I

Common provision

Article 58.

Count of issue times

Television operators ensure the counting of antenna times, of political rebuttal

and of response, for the purposes of this chapter, giving knowledge of the respective

results to those interested.

SECTION II

Right of antenna

Article 59.

Access to the right of antenna

1-To political parties, the Government, trade union organisations, organisations

professionals and representative of economic activities and the defence associations of the

environment and consumer is guaranteed the right to antenna time in the public service

of television.

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2-By-time antenna is understood the own programming space of the responsibility

of the holder of the right, which must be expressly mentioned at the beginning and the term

of each program.

3-The entities referred to in paragraph 1 are entitled, free of charge and annually, to the following times

of antenna:

a) Ten minutes per party represented in the Assembly of the Republic, or in the

Legislative Assemblies of the Autonomous Regions, increased from thirty seconds

by each elected Member;

b) Five minutes per party not represented in the Assembly of the Republic, or

in the Legislative Assemblies of the Autonomous Regions, with participation in the most

recent legislative elections, plus thirty seconds for every 15000

votes on them obtained;

c) Sixty minutes for the Government and sixty minutes for the parties

represented in the Assembly of the Republic that are not part of the Government, the

ratting second to its representativeness;

d) Ninety minutes for union organizations, ninety minutes for the

professional and representative organisations of economic activities and

fifty minutes for the environmental, consumer and environmental advocacy associations

of human rights, to mice in accordance with their representativeness;

e) Fifteen minutes for other entities that have an assigned antenna right

by law.

4-In the case of Autonomous Regions, the right of antenna referred to in the preceding paragraph is

exercised by the parties that have lodged suffrage in the elections to the Assemblies

Regional Legislation in the services of programs specially targeted for the respective

Region.

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5-Each holder shall not use the right of antenna more than once in every 15 days, nor

in emissions lasting more than ten or less than three minutes, save if your

antenna time for globally lower.

6-Those responsible for programming must organize, with the collaboration of the holders of the

right of antenna and in accordance with this Law, general plans of the respective use.

7-A lack of agreement on the plans referred to in the preceding paragraph gives way to arbitration

by the Regulatory Entity for Social Communication.

Article 60.

Limitation to the right of antenna

1-The exercise of the right of antenna cannot occur on Saturdays, Sundays and holidays

national, and shall still be suspended one month before the date set for the beginning of the

period of campaigning in any electoral or referendum act, pursuant to the

respective legislation.

2-The right of antenna is untransmittable.

Article 61.

Issuance and reservation of the right of antenna

1-The antenna times are issued in the service of television coverage programs

nationwide of higher hearing immediately before or after the main national newspaper

diffused between 19 and 22 pm.

2-The right holders of antenna law must request the reservation of the antenna time to which

have a right up to 15 days prior to the transmission, and the respective recording shall be

carried out or the pre-recorded materials delivered up to forty hours prior to the issuance of the

program.

3-In the case of ready-to-issue programs, delivery must be made up to twenty four

hours before the broadcast.

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4-The right holders of antenna law are assured the indispensable technical means for

the realization of the respective programmes under conditions of absolute equality.

Article 62.

Expiry of the right of antenna

Failure to meet the deadlines set out in the preceding Article shall determine the expiry of the

right, unless it has occurred in fact not attributable to its holder, in which case the time

not used can be accumulated to that of the scheduled use subsequent to the cessation of the

impediment.

Article 63.

Right of antenna in electoral period

In the electoral periods, the exercise of the right of antenna is regulated by the electoral legislation

applicable, covering all services of access generalist television programmes

free.

SECTION III

Political replica law

Article 64.

Right of political rebuttal of the opposition parties

1-1-The parties represented in the Assembly of the Republic and which are not part of the

Government has a right of replica, in the same program service, to the statements

policies handed down by the Government in the public television service that directly the

attain.

2-A duration and relief granted for the exercise of the right referred to in the preceding paragraph

are equal to those of the statements that have given them origin.

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3-When more than one party has requested, through the respective representative, the

exercise of the right, the time is prorated in equal parts by the various holders, never

may be less than one minute by each intervener.

4-To the right of political rebuttal are applicable, with due adaptations, the

procedures provided for in this Act for the exercise of the right of reply.

5-For the purposes of this article, they only consider statements of general policy or

sector made by the Government in its name and as such identifiable, not reliant,

notably, the statements of members of the Government on matters concerning the

management of the respective departments.

6-The provisions of the preceding paragraphs are correspondingly applicable, in the framework of

services of programmes especially aimed at Autonomous Regions, to the right of

political rebuttal of the parties represented in the Regional Legislative Assemblies that

are not part of the respective Regional Governments.

SECTION IV

Right of reply and rectification

Article 65.

Assumptions of the rights of reply and rectification

1-Have a right of reply in the services of TV programmes and services

audiovisual on request any natural or legal person, organization, service or

public body that in them has been the subject of references, albeit indirect, that

can affect your reputation or good name.

2-The entities referred to in the preceding paragraph have a right of rectification in the services of

television programmes and audio-visual services on request that they have been made

inveridic or erroneous references that concern them.

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3-The right of reply and that of rectification shall be prejudiced if, with the concordance

express from the person concerned, the television operator or the audiovisual services operator

upon request has corrected or clarified the text or image in question or has it

allowed, by another means, to expose the facts or points of view that allegedly

would justify the response or rectification.

4-The right of reply and that of rectification are independent of criminal procedure

by the fact of the issue, as well as the right to compensation for damages for it

caused.

Article 66.

Right to visioning

1-The holder of the right of reply or rectification, or who legitimately represents the represent

in accordance with paragraph 1 of the following article, it may require, for the purpose of its exercise, the

visioning of the material of the issue concerned, which shall be provided to the interested

within the maximum of twenty-four hours.

2-The application for visioning suspending the deadline for the exercise of the right of reply or

of rectification, which goes back to running twenty-four hours after the time when the

issuing entity has provided it.

3-The right to visioning involves also obtaining a record of the issue in

cause, upon payment of the cost of the support that is used.

Article 67.

Exercise of the rights of reply and rectification

1-The right of reply and that of rectification shall be exercised by the holder himself, by the

your legal representative or by the heirs, in the 20 days following the issuance.

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2-The deadline of the preceding paragraph suspending itself when, by reason of force majeany, the

people in it are barred from making it worth the right whose exercise is

in cause.

3-The text of the response or rectification shall be delivered to the television operator or to the

operator of audiovisual services on request, with signature and identification of the author,

through procedure that proves its reception, by expressly invoking the

right of reply or rectification or the competent legal provisions.

4-The content of the response or rectification is limited by the direct and useful relationship with the

references that have provoked them, and may not exceed the number of words of the

text that gave them origin.

5-A reply or rectification may not contain expressions disproportionately

disexquisite or involving criminal or civil liability, which, in this case, only

to the author of the answer or rectification may be required.

Article 68.

Decision on the transmission of the reply or rectification

1-When the answer or rectification is untimely, provies from people without

legitimacy, are manifestly lacking in grounds or contrary to the provisions of the

Paragraphs 4 or 5 of the preceding article, the television operator or the operator of services to

application may refuse its issuance by informing the person concerned, in writing, about the

refusal and its statement of reasons, in the twenty-four hours following the receipt of the

response or rectification.

2-In case the response or rectification violates the provisions of paragraphs 4 or 5 of the preceding article, the

operator invites the person concerned, within the time specified in the preceding paragraph, to proceed to the

elimination, in the following forties and eight hours, of the passages or expressions in

question, without which it is entitled to refuse the disclosure of the entirety of the text.

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3-In the event that the right of reply or rectification law has not been satisfied or have

have been unfounded, the person concerned may appeal to the judicial court of his

Domicile, within 10 days of the refusal or the expiry of the statutory deadline for the

satisfaction of the right, and to the Regulatory Entity for Social Communication, in the terms and

deadlines of the specifically applicable legislation.

4-Redear the judicial notification of the operator who did not give satisfaction to the right of

response or rectification, is the one immediately notified by post to

contest within two working days, after which it will be handed down in equal time to the decision,

of which there is recourse with merely devolutive effect.

5-It is only admitted documentary proof, being all documents together with the

initial application and with the contestation.

6-In the case of the provenance of the application, the operator issues the answer or rectification in the

deadline set out in paragraph 1 of the following article, accompanied by the mention that that is

carried out by a judicial decision or the Regulatory Entity for Social Communication.

Article 69.

Transmission of the response or rectification

1-A The transmission of the reply or rectification is made up to twenty four hours from the

delivery of the respective text to the television operator or the operator of services

audiovisual on request, save the provisions of paragraphs 1 and 2 of the preceding Article.

2-A reply or rectification are transmitted free of charge:

a) In the services of TV programmes, in the same programme or, if not

possible, in time of equivalent issuance;

b) In audiovisual services on request, in programme to be associated, in the catalogue, to the

program to which the answer or rectification concerns, with the same highlight and

properly identified as such.

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3-A response or rectification shall:

a) In the services of TV programmes, be transmitted as many times as many

emissions from the reference that motivated them;

b) In audio-visual services on request, stay accessible to the public for the time

of remain in catalogue of the programme where reference has been made that the

motivate or, regardless of that fact, for a minimum period of seven

days.

4-A The answer or rectification is read by an announcer from the issuing entity in molds

that ensure their easy perception and may include audiovisual components always

that the reference that motivates them has used similar technique.

5-A The transmission of the reply or rectification may not be preceded or followed by

any comments, other than those necessary to point out any inaccuracy or

de facto error, which may originate new response or rectification, in the terms of the

n. paragraphs 1 and 2 of Article 65.

CHAPTER VII

Responsibility

SECTION I

Civil liability

Article 70.

Civil liability

1-In the determination of the forms of effectivation of the emerging civil liability of

facts committed through services of television programmes or services

audiovisual on request are observed the general principles.

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2-Television operators or audiovisual service operators on request

respond solidly with those responsible for the transmission of materials

previously recorded, with the exception of those transmitted under the right of antenna,

of political rebuttal, response and rectification or in the course of interviews or debates

protagonized by unlinked people contractually to the operator.

SECTION II

Sanctionatory regime

Article 71.

Crimes committed by means of television programme services

and of audiovisual services on request

1-The aggrieved acts or behaviours of juridical interests-penally protected

perpetrated through services of television programmes or audiovisual services to

application are punished in the general terms, with the constant adaptations of the numbers

following.

2-Whenever the law does not establish aggravation on the grounds of the means of perpetration, the crimes

committed through services of television programmes or audiovisual services to

application that are not provided for in this Law shall be punished with the prescribed penalties

in the respective incriminating standards, high of one-third in their minimum limits and

maximum.

3-The director referred to in Article 35 only responds criminally when not

opposes, and may do so, in the practice of the crimes referred to in paragraph 1, through the actions

suitable to avoid them, in which case the feathers are applicable in the

corresponding legal types, reduced by a third in their limits.

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4-Dealing with correctly reproduced statements or opinion interventions,

provided by properly identified persons, only these can be held accountable,

except where their content constitutes incitement to racial, religious, political or political hatred

generated by color, ethnic or national origin, sex or sexual orientation, or the

practice of a crime, and its transmission cannot be justified by criteria

journalistic.

5-In the case of non-consenting emissions, it responds who has determined the respective

transmission.

6-The technicians at the service of the television operators or service operators

audiovisual on request are not responsible for the emissions to which they make their contribution

professional, if they are not required to be aware of the criminal character of their act.

Article 72.

Illegal television activity

1-Who to engage in television activity without for such being legally entitled is punished

with imprisonment up to 3 years or with fine up to 320 days.

2-Are declared lost in favour of the State the goods used in the exercise of the activity

of television without legal habilitation, without prejudice to the rights of third parties in good faith, in the

terms of Article 110 of the Criminal Code.

3-The provisions of paragraph 1 shall be particularly applicable in the event of:

a) Exercise of the activity by amusing entity of the one licensed or authorised;

b) Failure to comply with the decision to revoke the licence or interdiction of the

relay of program service.

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Article 73.

Illegal television activity

1-Those responsible for the guidance and supervision of the content of television broadcasts or

by the selection and organisation of the catalogue of audiovisual services on request, or who the

replace, incur the crime of qualified disobedience when, with the aim of

prevent the targeted effects:

a) Failing to accrate the decision of the court to order the transmission of reply or

rectification, under the provisions of Article 68 (6);

b) Refuse the diffusion of judicial decisions, pursuant to Article 91;

c) Do not comply with the deliberations of the Regulatory Entity for Communication

Social relating to the exercise of antenna rights, political rebuttal, response

or rectification;

d) Do not comply with a decision to suspend the transmission or relay of the

services of TV programmes, the provision of audiovisual services on request, or

of the respective programs.

2-Income still in the crime of qualified disobedience the entities that do not accrate the

decision of the Regulatory Entity for Social Communication that determines the suspension

of retransmission, pursuant to the provisions of Article 86.

Article 74.

Attack on freedom of programming and information

1-Who to prevent or disrupt the exercise of television activity or the offer to the public of

audiovisual services on request, or apprehend or damage materials required by

exercise of such activities, outside of the cases provided for in the law and with the aim of at-atment

against freedom of programming and information, is punishful with imprisonment up to 2 years or

with a fine of up to 240 days, if the most serious penalty does not fit him under the criminal law.

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2-A The application of the penalty provided for in the preceding paragraph shall be without prejudice to the effect of the

civil liability for the damage caused to the issuing entity.

3-If the offender is an agent or employee of the State or of public legal person and, in the

exercise of their duties, practise the facts described in paragraph 1, is punished with imprisonment until

3 years or with fine up to 320 days, if more serious penalty does not fit in the terms of the law

penal.

Article 75.

Light counterorders

1-It is punishable with fine of € 7500 a € 37500:

a) The failure to comply with the provisions of Article 4, Article 19 (3), in the first

part of Article 27 (4), in Articles 29 and 42, in Article 44 (5) and in the

articles 45 and 46, in Article 40 (6)-B, in Article 41 (2) of Article 41 (para. 2)

of Article 41 (C) and in Article 58;

b) Failure to comply with the provisions of the provisions of the first part of Article 60 (1);

c) The omission of the mention referred to in the second part of Article 68 (6).

2-Addressing local coverage program services, the minimum and maximum limit

of the counter-ordinations provided for in the preceding paragraph is reduced to one third.

3-A negligence is punishable, by being reduced to half the minimum and maximum limits of the

fines provided for in the previous figures.

Article 76.

Serious counterorders

1-It is punishable with fine of € 20000 a € 150000:

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a) Failure to comply with the provisions of paragraphs 1, 6, 8 and 9 of Article 25, in the second part

of Article 27 (4) and (8), Article 30 (1), Article 32 (5),

in Article 33 (3) and (34), Article 34 (3), 37, 37, 37,

40. and 40-A, in paragraphs 1 a to 5 of Article 40-B, in Articles 41 and 41-A, in paragraphs 1

and 3 of Article 41-B, in Article 41 (1) and (3), in Article 41 (2) and 3.

-D, in Article 43, in paragraphs 1 a to 3 of Article 44, in Article 49 (4) of the article

59, in paragraphs 1 and 4 of Article 61º, in paragraphs 2 and 3 of Article 64, Article 69 and para.

n Article 92 (1);

b) The omission of the information referred to in Article 68 (1).

c) The violation of the provisions of Article 20 and in the second part of Article 60 (1) and

of the deadlines set out in Article 66 (1) and in Article 68 (6).

d) Failure to comply with the conditions for the inclusion of functionalities enabling the

passage to interactive environment containing advertising provided for in paragraph 1

of Article 41-D.

2-Addressing local coverage program services, the minimum and maximum limit of the

counter-ordinations predicted in the previous number is reduced to one third.

3-A negligence is punishable, by being reduced to half the minimum and maximum limits of the

fines provided for in the previous figures.

Article 77.

Counter-very serious counterorders

1-It is punishable with fine of 75000 a to € 375000 and suspension of the license or authorization of the

program service or the transmission of the program in which it is committed, depending on

gravity of the illicit, for a period of 1 a to 10 days:

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a) Failure to comply with the provisions of Article 4 (1 a) (4) in numbers 3 and 4 of the Article

article 4-B, in Article 7 (2), in Articles 11 and 12, in Article 21 (1),

in paragraphs 2 and 3 of Article 25, paragraphs 2 and 3 of Article 27, in Article 31, para.

2 and 6 of Article 32, paragraph 1 and 3 (3), in Article 39 (1) and para.

2 of Article 60;

b) The violation, by any operator, of the guarantees of coverage and obligations of

fastening to which it is linked;

c) The violation, by any operator, of the provisions of Article 30 (2) and of the

right provided for in Article 66 (1);

d) The exploitation of TV programme services by diverse entity of the holder

of the license or authorization;

e) The denial of the exercise of the right of antenna to the entities that they have

law pursuant to Rule 59 (1)

2-It is punishable by the fine set out in the preceding paragraph the retransmission of services from

television programmes or programmes that violate the provisions of paragraphs 2 and 3 of the article

27. when:

a) The rights on the content in question are acquired with knowledge

of its nature; or

b) Addressing retransmissions of content from countries not

belonging to the European Union, the offence is manifest and notorious and the operator

of distribution does not make it impossible to access the respective contents.

3-Addressing local coverage program services, the minimum and maximum limit of the

counter-ordinations predicted in the previous number is reduced to one third.

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4-A negligence is punishable, by being reduced to half the minimum and maximum limits of the

fines provided for in the previous figures.

Article 77-The

Counter-ordinations practiced by audiovisual services on request

1-When the counter-ordinations referred to in Articles 75, 76 and 77 are practiced

through audiovisual services at the request of the minimum and maximum limits of the respective

fines are reduced to a room.

2-A the practice of counter-ordinations provided for in Article 77 through audiovisual services

on request may give way to the suspension of the audiovisual service on request or from the programme

in which they are committed, depending on the seriousness of the illicit, for a period of 1 a to 10

days.

Article 78.

Responsible

1-Pelas counter-ordinations provided for in the previous articles responds to the operator in whose

service of TV programmes or audiovisual programme service on request has been

committed the offence, except as to the violation of Article 60 (2), by which

responds to the holder of the right of antenna.

2-The distribution operator responds by the counter-ordinations that are attributable to it

pursuant to Art. 25 and Article 77 (2).

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Article 79.

Offence committed in time of antenna

The violation of the provisions of Article 27 (2) and (3) and Article 60 (2), provided for in the

point ( a) of Art. 77 (1), when committed in the exercise of the right of antenna, is

still, depending on the seriousness of the offence, punished with the ancillary sanction of suspension

of the exercise of the same right for periods of 3 a to 12 months, with a minimum of 6 a to 12

months in the event of recurrence, without prejudice to other penalties provided for in the Act.

Article 80.

Special attenuation and dispensation of suspension and cofine

1-Should you check the circumstances of which the general law does depend on mitigation

special of the penalty:

a) In the event of mild or serious counterordinance, the provisions of paragraph 3 of the

article 18 of the Decree-Law No 433/82 of October 27;

b) In case of very serious counterordinance, the limits of the fine are reduced

by a third, and may not be enacted the suspension of the licence or the

authorization of the program service, or of the transmission of the program.

2-In the event of a mild counterordinance may the agent be relieved of the fine if if

check the circumstances of which the general criminal law makes the dispensation dependent on the penalty.

3-The operator may be discharged from fine in case of violation of the time limits of

advertising set out in Article 40 when the default of such limit occurs

punctually and on grounds of exceptional suitably justified,

specifically the unforeseen delay or extension of the issue, and if it finds that,

on the set of that time, from the previous and the following, was respected the accumulated limit of the

advertising provided for in that provision.

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Article 81.

Special aggravation

If the operator commits a counterordinance after it has been sanctioned, there is less than

one year, by another counter-ordinance provided for in this Law, the minimum and maximum limits

of the fine and suspension of the transmission are high for double.

Article 82.

Revocation of licence or permit

1-A violation of the provisions of Article 7 (2), in Article 21 (1), paragraphs 2 and 3 of the Article

article 25, in Article 27 (2) and (3), in Article 31, paragraphs 2 and 6 of the Article 32, in the

Article 33 (1), in Article 39 (1), Article 59 (1), Article 60 (2)

and in Article 66 (1) and the violation of the obligations of coverage and obligations of

fastening to which the operator is found to be linked in programme services

televisions that have already been the subject of two other counter-ordinations of the same

gravity can give way to the revocation of the respective license or authorization.

2-For the purposes of the provisions of the preceding paragraph, any counter-ordinance cees to be

taken into account when, between the conviction of its practice and that of counterordinance

next, has elapsed more than two years.

3-A violation of the provisions of Article 12 and Article 30 (2) may, in the light of the

gravity of the illicit, give way to the revocation of the license or authorization of the services of

television programmes in which it has been committed.

4-A violation of the provisions of Article 20 may give way to the fixation, by the Entity

Regulator for Social Communication, from a new deadline for the start of emissions,

terminated which, in the event of the persistence of the default, is revoked the licence or

authorization.

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5-A repeated violation of the provisions of the provisions of the a) a c) of Article 73 (1) may give way

to the revocation of the license or authorization of the services of television programmes in which

has been committed.

6-A violation of the point d) of Article 73 (1) may give way to the revocation of the licence or

authorization of the services of television programmes in which it has been committed.

Article 83.

Suspension of execution

1-Can be suspended the execution of the suspension of the permit or the authorization of the service of

programs, or the transmission of the program, for a period of three months to one year,

case if you check the assumptions that the general criminal law does depend on the suspension of the

execution of the penalties and the operator has not been sanctioned by counter-ordinance there are

at least one year.

2-A suspension of execution may be conditional on the provision of collateral of good conduct,

to be fixed between 20000 a to € 150000, taking into account the duration of the suspension.

3-A The suspension of the execution is always revoked if, during the respective period, the

infractor commit very serious counterordinance.

4-A Repeal determines the fulfillment of the suspension the execution of which was suspended and the

break from the surety.

Article 84.

Process abbreviated

1-In the case of infringement of the provisions of Article 40 (1) and (2) and any other in

that the Regulatory Entity for Social Communication dispens of recording or other

automated registration of the facts constituting the offence, as soon as it acquired the news

of the offence, the operator shall be notified:

a) Of the constitutive facts of the offence;

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b) Of the infringing legislation;

c) Of the applicable sanctions;

d) Of the time frame granted for submission of the defence.

2-The defendants may, within 20 days of the notification, submit their defence,

in writing, with the indication of means of proof that it understands should be produced.

Article 85.

Cautionary suspension of transmission

1-Havendo strong evidence of the very serious counterordinance practice predicted in the

present law, and if, in concrete, attentive to the nature of the transmission and the rest

circumstances, whether to occur danger of continuation or repetition of the illicit activity

Indicted, the Regulatory Entity for Social Communication may order the suspension

immediate transmission of the program or service of programs in which it has been

committed the offence.

2-A The decision is likely to challenge judicial, which will be immediately sent to

judicial decision, owing to be adjudicated within 15 days of the moment

in which the autos are received in the competent court.

Article 86.

Limitations to relaying services of television programmes

1-A Regulator for Social Communication may suspend the relay of

services of TV programmes or the respective programmes, provided that the operator

of transmitter television has committed such violation at least twice in the course

of the preceding 12 months, when:

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a) Addressing services of unconditioned access television programmes

free, or unconditioned with signature, prejudice manifests, serious and

gravely the free formation of the personality of children and adolescents,

particularly with the issuance of programmes that include pornography scenes

or of gratuit-free violence, or

b) Regardless of the typology of service of programs, inciting hatred, the

racism or xenophobia.

2-Dealing with services of TV programmes or programmes from

other member states of the European Union, the providence referred to in the preceding paragraph

must be preceded:

a) From notification made by the Regulatory Entity for Social Communication to the

broadcaster television operator and the European Commission, in which they are

identified the alleged violations and the measures that will be adopted, if such

violations if they check again;

b) In case of persistence of the violation, the 15-day period of the following has elapsed from the

notification of the preceding paragraph and after the conciliatory consultations between the State

member of transmission and the European Commission, of notification of the Entity

Regulator for Social Communication to the European Commission, the State

transmission member and still to the distribution operator of the suspension of the

retransmission of the programmes that contravens the provisions of the preceding paragraph.

3-A Regulator for Social Communication informs the member of the Government

responsible for the area of the media of the applications and communications that it conducts

under the terms of the previous number

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Article 86-The

Dislocation of emissions

1-A Regulator for Social Communication may adopt appropriate measures,

necessary and commensurate with the cessation of offences committed through services of

programs provided by television operators under the jurisdiction of another State-

member when you verify that such services are total or primarily directed to the

Portuguese territory and that the respective operators have established themselves in another state-

member to circumvent the most stringent rules to which they would be subject under jurisdiction

of the Portuguese state.

2-The measures referred to in the preceding paragraph may only be adopted when, after having

formulated a circumstantial request before the competent Member State to make

cessation of the infringement, the Regulatory Entity for Social Communication:

a) Do not have for the one being informed, within the maximum of two months, of the

results obtained, or consider such unsatisfactory results; and

b) Has subsequently communicated, in a reasoned manner, to the Commission

European and the Member State concerned with the intention of adopting such measures,

without which, in the following three months, the Commission is opposed to the decision.

3-Regulatory Entity for Social Communication ensures the procedures that

guarantee reciprocity in the exercise of the faculty referred to in paragraph 1 by others

Member States with respect to services of TV programmes of operators of

television subject to the jurisdiction of the Portuguese state.

4-A Regulator for Social Communication informs the member of the Government

responsible for the area of the media of the applications and communications that it conducts

in accordance with paragraph 2, as well as those directed to you in the situations mentioned

in the previous number.

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Article 86-B

Limitations to the provision of audiovisual services on request

1-A Regulatory Entity for Social Communication can, in a proportional manner to the

objectives to be tutelary, prevent the offer of programmes included in service catalogues

audiovisual on request that violates the provisions of Article 27 (2) and 10.

2-Dealing with audiovisual services on request from other Member States

of the European Union, the providence referred to in the preceding paragraph shall be preceded by:

a) From the solicitation to the Member State of origin of the service provider that puts

charge of the situation; or

b) Should this not have done so, or the arrangements it takes to reveal themselves

inadequate, notification to the European Commission and the Member State of

origin of the intention to make restrictive arrangements.

3-In case of urgency, the Regulatory Entity for Social Communication may take

restrictive arrangements not preceded by the notifications to the Commission and the others

Member States of origin provided for in the preceding paragraph.

4-In the case provided for in the preceding paragraph, the Regulatory Entity for Communication

Social shall notify the restrictive arrangements in the shortest term to the Commission and to the

Member state to whose jurisdiction the audiovisual services operator on request is

subject, indicating the reasons why it considers that there is a situation of urgency.

5-Regulatory Entity for Social Communication informs the member of the Government

responsible for the area of the media of the applications and communications that it conducts

in accordance with paragraph 2, as well as those directed to you in the situations mentioned

in the previous number.

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SECTION III

Special process provisions

Article 87.

Form of the process

The procedure for criminal offences committed through programme services

televisions and audiovisual services on request are governed by the provisions of the Code of

Criminal procedure and supplementary legislation, with the specialties arising from the

present law.

Article 88.

Territorial competence

1-To know about the crimes provided for in this Law shall be competent the court of the comarch

of the place where the operator has its seat or permanent representation.

2-Except for the provisions of the preceding paragraph the crimes committed against the good

name and reputation, the reservation of private life or other assets of the personality, whose

appreciation is of the jurisdiction of the court of the comarch of the domicile of the offending.

3-In the case of television broadcasts by entity not enabled under the law, and not

being known the defining element of the competence under the terms of paragraph 1, is

competent the Judicial Court of the Comarch of Lisbon.

Article 89.

Suspension cautionary in process for crime

The provisions of Article 85 shall apply, with the necessary adaptations, to the proceedings by

crime provided for in this Act, by the fact that the prosecutor's office is required to apply for suspension

cautionary during the enquiry.

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Article 90.

Regime of proof

1-For proof of the assumptions of the exercise of the rights of reply or rectification, and

without prejudice to other means admitted by law, the person concerned may apply, on the terms

of Article 528 of the Code of Civil Procedure, which the issuing entity shall be notified

to present, at the time of contestation, the recordings of the respective programme.

2-In addition to the one referred to in the preceding paragraph, only documentary evidence is admitted that comes together

with the initial application or with the contestation.

Article 91.

Diffusion of decisions

1-A application by the Public Prosecutor's Office or the offending, and upon a court decision, the

decisive part of the sentencing sentencing carried out on trial for crimes committed

through services of TV programmes and audiovisual services on request, so

as the identity of the parties, is disseminated by the respective operator.

2-The accused in the process of crime reported through television programme services and

subsequently acquitted by sentence carried on trial may apply to the court

that the content of that sentence is also reported by the issuing entity, in the same

service of television programmes on time, space and with television prominence

equivalents.

3-In the case of audiovisual services on request, the situation provided for in the preceding paragraph shall be

applicable, with the necessary adaptations, the provisions of points b) of the n. ºs 2 and 3 of the

article 69, relating to the transmission of the reply or rectification.

4-A The diffusion of the deciding part of the sentences to which the preceding paragraphs are referred shall

carry out in such a way as to safeguard the rights of third parties.

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CHAPTER VIII

Conservation of television heritage

Article 92.

Legal deposit

1-The records of qualifiable emissions as a public interest, depending on your

historical or cultural relevance, become subject to legal deposit, for the purposes of

long-term conservation and accessibility to researchers.

2-The legal deposit provided for in the preceding paragraph shall be regulated by a diploma of its own, which

will safeguard the interests of the authors, producers and operators.

3-The State also promotes long term conservation and public accessibility

of the records considered to be of public interest prior to the promulgation of the diploma

legal deposit regulator, through specific protocols concluded with each

one of the operators.

CHAPTER IX

Final and transitional provisions

Article 93.

Skills of regulation

1-Unless otherwise lawful provision, it is incumbent upon the Regulatory Entity for the

Social Communication the regulation of the subjects provided for in this diploma and the

monitoring of its compliance.

2-Compete to the Regulatory Entity for Social Communication the instruction of the processes

of counterordinance provided for in this Law and to its President the application of the fines

correspondents.

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3-A revenue from the fines reverses in 60% to the State and in 40% to the Entity

Regulator for Social Communication.

Article 94.

Reserve of capacity

1-In the allocation of frequency usage rights for the broadcasting service

digital television terrestrial coverage of national unconditioned access free is

reserved transmission capacity for the services of television programmes

diffused in analogical mode by terrestrial hertziana held by the operators

licensed or concessionaied at the date of entry into force of this Law.

2-The right to which the preceding paragraph shall be referred shall be exercised with the Entity

Regulator for Social Communication by the interested operators, under penalty of

lapse, within 60 days after the date of the allocation of the right of use

of those frequencies.

3-The non-exercise of the right provided for in the preceding paragraphs shall be without prejudice to the provisions

in Article 25 (2) and (3) of this Law.

Article 95.

Overdue changes

The allocation of new licences or permits as well as the modification of the framework

existing lawmaking do not constitute grounds for television operators to

random change of the conditions of exercise of the activity, in terms of balance

economic and financial, nor do they confer right to any compensation.

Article 96.

Remissions

They consider themselves to be made for the corresponding provisions of this Law the remissions

carried out for Law No 32/2003 of August 22.

CHAIR OF THE COUNCIL OF MINISTERS

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Article 97.

Transient standard

1-The provisions of Article 22 (1) and Article 52 (1) shall be without prejudice to the counting

of the time limits for licences, permits and the granting of the public television service

in progress at the date of the entry into force of this Law.

2-The provisions of Article 23 shall apply to licences or permits held by the

operators in exercise at the date of the entry into force of this Law, and the first

interim assessment occurs at the end of the 1 th or the 2 th th subsequent to the date of

assignment or the last renewal, as the case may be.

3-The standards of this Law shall be fully applicable to companies which, at the date of their

entry into force, in fact exercise a television activity, as defined in the

point ( a) of Article 2 (1)

Article 98.

Abrogation standard

1-Are revoked:

a) The Act No. 32/2003 of August 22;

b) The Decree-Law No. 237/98 of August 5.

2-[ Revoked ].