Portugal

[PT] New Media Regulatory Body Approved

IRIS 2005-10:1/34

Luís António Santos

Departamento de Ciências da Comunicação, Instituto de Ciências Sociais, Universidade do Minho

The Portuguese Parliament has approved the creation of a new media regulatory body by a substantial majority. The initial governmental proposal underwent a few changes allowing it to gather the favourable vote of more than two thirds of the Assembly (MPs from the Socialist Party, the Social Democratic Party, and the Popular Party).

The Entidade Reguladora para a Comunicação Social (Media Regulatory Entity) will in effect replace the High Authority for Media (the Act 43/98 of 6 August 1998 is revoked by the new act on the Media Regulatory Entity) following the necessary presidential ratification. The new entity will, upon effective creation, assume all pending responsibilities and commitments of the High Authority (articles 2, 3 of the final text of the act, and 44 of the statute).

The new media regulatory entity will be composed of a five-member Regulatory Council (four of them to be nominated by Parliament- article 14 of the statute), an Executive Board (where two of its three members will be the president and the vice-president of the regulatory council - article 32 of the statute), a Fiscal member (also nominated by Parliament - article 34 of the statute), and a 16-member Consultation Council (article 36b of the statute). Its income will come from a combination of sources: national budget provisions, taxes to be charged on media operators, fines, and “any other subsidies or financial support provisions” (article 45g of the statute).

This new entity is the first of a series of changes in the media regulation arena planned by the Socialist government: still under discussion and/or study are the creation of a television spectators' and a listeners' ombudsperson, a new radio law, a new television law, and revisions of the public service concession contract with RTP (Portuguese Radio and Television), the journalists entitlement regulation, and the incentives system for local and regional media.


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This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.