Key Benefits:
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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.
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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.
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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.
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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.
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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:
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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) [ ... ];
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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:
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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) ];
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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;
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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:
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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;
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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;
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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 ]:
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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.
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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) [...];
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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.
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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.
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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;
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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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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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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.
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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 ].