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The Portuguese media regulatory authority (ERC) is calling for the clear identification of branded and sponsored content published in journalistic outlets. In a recent directive, the regulator recommended that news producers ensure that journalistic content is presented to audiences in a way that is clearly distinct from advertising/commercial content. This comes after the media regulator has issued, in recent years, several decisions condemning newspapers and other outlets for allowing confusion between these two types of content. According to the ERC, designations such as “partnerships”,...

The European Court of Human Rights (ECtHR) has dismissed the complaint of a journalist invoking her right to freedom of expression under Article 10 of the European Convention on Human Rights (ECHR). The case concerns the criminal conviction of Tânia Alexandra Ferreira e Castro da Costa Laranjo for the publication of an article based on an audio recording of a taped telephone conversation between two politicians, without their consent. The litigious article was published in a tabloid newspaper and quoted from a taped telephone conversation between two politicians, A.V., a former minister,...

The Portuguese audiovisual linear services fulfilled their obligations in 2023 regarding accessibility measures for audiences with special needs. A recent report by the Portuguese Regulatory Authority for the Media (ERC) assessed the level of compliance with the multi-annual plan that entered into force in January 2022 and found that some objectives had even been exceeded. A less favourable scenario exists with regard to on-demand audiovisual services, as no significant development was documented in 2023 regarding the previous year.   Following the implementation of the Audiovisual...

The Portuguese Media Regulatory Agency has published a report on advertising targeting children and commercial communications in children's channels and/or programs, suggesting a lack of compliance by TV channels. Advertising forbidden food due to nutritional composition is among the most irregularities found in the report. In that matter, TV channels present a highly diverse performance, with the public broadcasting service showing that, in the period analysed, there was no advertising or commercial communications in the block programming aimed at children. The study, conducted in the...

The European Court of Human Rights (ECtHR) has once again found a violation of Article 10 of the European Convention on Human Rights (ECHR) in a criminal defamation case, related to an issue of public interest. The ECtHR in particular observed that the criminal conviction of the applicant appeared to be manifestly disproportionate, as the Portuguese Civil Code provided for a specific remedy in respect of damage to honour and reputation. The ECtHR also found the award of damages which the applicant was required to pay manifestly disproportionate, taking into consideration that the critical...