Portugal
[PT] New TV Law to Reduce RTP Advisory Council's Power
IRIS 2002-6:1/23
Helena Sousa
Communication and Society Research Centre, University of Minho
On 23 May 2002, the Portuguese Parliament approved an amendment to the Lei de Televisão (Television Law nº 31-A/98 of 14 July) removing the power of the Conselho de Opinião (Advisory Council) of the Public Service Television Broadcaster to veto the government-appointed Administration of the company.
Following the Council of Ministers' decision of 9 May 2002 to set up, in six months' time, a new public service broadcasting company with a single generalist channel, RTP's Advisory Council issued a binding statement on 16 May 2002 in which it reacted negatively to the new five-member top management team appointed by the government. The government perceived this decision as illegal, and proceeded to announce that same day - following a Council of Ministers' meeting - its intention to amend the law. According to the government, the Television Law gives the Advisory Council the power to issue a pronouncement on the composition of a newly proposed Administration, but not on the government's broadcasting policy. RTP's Advisory Council put forward the argument that its decision is fully in accordance with the law and established practice. In a public statement, the Advisory Council stated that in an evaluation of a proposed administration, the analysis of individuals' curricula vitae cannot be dissociated from the project they are supposed to implement.
The amendment to the Television law is now awaiting presidential promulgation.
References
- Decreto nº 3/IX de 23 de Maio de 2002, Segunda Alteração à Lei nº 31-A/98, de 14 de Julho (Aprova a Lei de Televisão), alterada pela Lei nº 8/2002, de 11 de Fevereiro
- http://www.assembleiadarepublica.pt/
- Decreto nº 3/IX of 23 May 2002, second amendment to the Television Law nº 31-A/98 of 14 July
- Deliberação do Conselho de Ministros (9 de Maio de 2002)
- http://www.portugal.gov.pt
- Deliberation of the Council of Ministers of 9 May 2002
- "Parecer do Conselho de Opinião sobre a composição do novo Conselho de Administração da RTP", 16 May 2002
- http://www.naodesligue.com/rtp/artigo.asp?cod_artigo=134007
- Statement of the Advisory Council on the Composition of RTP's new Administration, 16 May 2002
- Proposta de Lei nº4/IX, Altera a Lei nº31-A/98, de 14 de Julho (Law Proposal nº4/IX amending Law nº31-A/98 of 14 July) available soon at:
- http://www.assembleiadarepublica.pt
- Lei da Televisão, Lei nº 31-A/98 de 14 de Juhlo
- http://www.aacs.pt/legislacao/lei_da_televisao.htm
- Television Act nº 31-A/98 of 14 July
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.