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IRIS 2011-3:1/28 [PT] New Rules for Portuguese Electronic Program Guides

On 17 January 2011 the rules for the establishment of electronic programme guides (EPGs) were published in the official Portuguese news bulletin, Diário da República. EPGs consist of TV screen software applications which allow users to search for present and future programmes and all other TV services offered by operators (e.g., video on demand, pay-per-view, parental control systems). This initiative is the result of powers attributed to the State media regulatory entity (Entidade Reguladora para a Comunicação Social - ERC). According to its Statutes (Article 24, no. 3, paragraph r), approved...

IRIS 2011-2:1/33 [PT] Council of Ministers Approves Events of General Interest

On 28 October 2010, the minister responsible for the media sector, Jorge Lacão Costa, approved the list of events that must be considered to be of general public interest. This communication (Despacho nº 16552-A/2010) was published in the official Portuguese bulletin on 29 October 2010 and states that these events must be broadcast by national terrestrial open access television channels only. This means that those who buy the exclusive rights for the transmission of these events should provide access through open access channels. As stated in the Television Act (Act 27/2007 of 30 July 2007, Article...

IRIS 2010-3:1/1 European Court of Human Rights: Case of Laranjeira Marques da Silva v. Portugal

In one of its first judgments of 2010 the European Court of Human Rights has clarified how court and crime reporting can rely on the right to freedom of expression guaranteed by Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Convicting a journalist or a publisher for breach of the secrecy of a criminal investigation or because of defamation of a politician can only be justified when it is necessary in a democratic society and under very strict conditions. The applicant in this case, Mr Laranjeira Marques da Silva, was the editor of the regional...

IRIS 2010-1:1/51 [PT] Copyright Code

The Portuguese Act Nº 16/2008 of 1 April 2008 is a transposition of the European Directive 2004/48/CE of the Parliament and Council of 29 April 2004 regarding intellectual property. In terms of Portuguese law, it corresponds to the third change introduced to the Industrial Property Code, the seventh alteration of the Code of Authors Rights and Related Rights and the second change to Law-Decree Nº 332/97 of 27 November. Being a transposition of an EU Directive, Act Nº 16/2008 establishes and updates the necessary measures and procedures to guarantee full respect for intellectual property rights....

IRIS 2010-1:1/35 [PT] Only Sports Qualify as ‘General Interest’ Events

On 28 October 2009, the Portuguese Minister responsible for Parliamentary Affairs and for the Media Sector, Jorge Lacão Costa, signed a decree (Despacho nº 23951-A/2009) containing the list of events which must be broadcast by national terrestrial open access television channels. The decree has been published in the Official Journal of the Portuguese Republic. According to Article 32 of the Lei n.º 27/2007 de 30 de Julho (Portuguese Television Law), the government should publish annually a list of general interest events that cannot be exclusively broadcast by restricted access channels. The list...