Portugal

[PT] New Television Act

IRIS 2007-8:1/29

Luís António Santos

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

The new Portuguese Television Act nº27/2007 of 30 July regulating both access to, and exercise of, broadcasting activities has been published in the Diário da República (Official Journal of the Republic).

Marking the conclusion of a process which had been initiated by the government in the second semester of 2006 (see IRIS 2007-1: 15), the new Act partially transposes into the national legal order the Directive Television without Frontiers and revokes both Act nº 32/2003 of 22 August and Decree-Law nº 237/98 of 5 August. Articles 4 and 5 of the former will, however, remain effective until a new legal framework to regulate transparency of property and media concentration comes into force.

The new Act, promulgated by the President, after having been approved in Parliament thanks to the votes of the Socialist majority, further details the legal criteria for the granting and renewal of television licenses, increases the obligations of television operators (Articles 34 - 43), abolishes the existing differences between the public service obligations imposed on state-owned channels (thus re-incorporating Channel 2), redefines public service financing, and seeks to adapt legislation to technological changes (namely the introduction of Digital Terrestrial TV).

Within this new framework the Entidade Reguladora para a Comunicação Social (Media Regulatory Entity) will have increased powers of supervision over the activities of new entrants and television operators already holding a license.


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