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IRIS 2022-4:1/17 [PT] Pirate TV - Court acquits 38 defendants for illegal set up of television boxes

On 18 January 2022, the Court of Coimbra decided to acquit 38 defendants in a case regarding the illegal set up of television boxes. The main defendant was an electrician, who had allegedly installed illegal television boxes and routersto enable users to unlawfully access broadcasting services, for a total of 37 clients. The panel of judges decided to acquit the electrician since it had not been proven that he had been paid for the service, nor that the handmade devices created and delivered by him had reduced or changed the services provided by “NOS” (a Portuguese...

IRIS 2021-8:1/4 [PT] Cinema and Audiovisual – New rules and taxes for operators

On 25 August 2021, Decree-Law No. 74/2021 regulating the Portuguese Cinema and Audiovisual Law (Law No. 55/2012, of 6 September 2012, amended by Law No. 28/2014, Law No. 82 - B/2014, and Law No. 74/2020) was published. This Decree-Law harmonises national and European requirements concerning State support to production, and extends taxes and investment obligations to video sharing and VOD operators. As such, from 1 January 2022, video sharing services will have to pay the 4% exhibition tax already applied to cinema theatres and Pay TV services. VOD operators will have to pay 1% of their...

IRIS 2021-1:1/29 [PT] Portugal transposes the Audiovisual Media Services Directive

On 19 November 2020, Law No. 74/2020 was published in the Diário da República (Official Gazette); this new law transposes the Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 to the internal legal order, amending Law Nº 27/2007 of 30 July, which approves the Law on Television and Audiovisual Services on Demand, and Law 55/2012 of 6 September on the promotion, development and protection of cinema and cinematographic and audiovisual activities and works. In line with European Directive 2018/1808, the Portuguese Parliament...

IRIS 2020-7:1/8 [PT] State takes exceptional measures for media and culture during COVID-19 crisis

On 19 May 2020, the Council of Ministers of Portugal approved a Resolution (Resolução do Conselho de Ministros nº 38-B/2020) establishing an exceptional and temporary measure involving the acquisition of advertising space for the diffusion of institutional actions, within the scope of the COVID-19 pandemic. According to the Council of Ministers, the current pandemic has significantly increased the state's need for institutional advertising, namely in respect of hygiene and containment measures - that citizens are expected to follow. The need for institutional communication,...

IRIS 2020-5:1/11 [PT] Contingency measures to support film and audiovisual

On 23 March 2020, the Minister for Culture, Graça Fonseca, publicly announced contingency measures to support the arts, including the film and audiovisual sector. In an official message, Graça Fonseca stated that the more general emergency measures announced by the Prime Minister, António Costa, on the previous day were bound to have a transversal impact on all sectors and that they did apply to the cultural sector. To assist in clarifying all issues related to the applicability of these general measures to the arts and cultural sector, the ministry has prepared a website designed...