Freedom of expression, including
freedom of the media, are effectively
protected and promoted.
1.1
Freedom of expression, including freedom
of the media, is guaranteed in the constitution and
supported by other pieces of legislation.
he Constitution of the Republic guarantees both freedom of expression and press
freedom. Article 48 of the Constitution states that, “All citizens have the right to
freedom of expression, press freedom, and the right to information”. In the same
Article, the Constitution also protects journalists’ sources of information.
Exercising these rights is regulated by Law 18/91 of 10 August, better known
as the Press Law. An important provision of the Press Law is that it establishes
the public’s right of reply. Under paragraph 1 of Article 33, any person, entity
or public body that feels wronged by the disclosure of incorrect or misleading
information that could be harmful, has the right of reply.
However, participants noted that despite this favourable framework, the legislator
merely listed a number of guarantees while stating that enjoyment of these rights
must be regulated by ordinary laws, many of which have never been approved.
his means that such guarantees are nothing but “dead letter”. here are several
examples:
Article 48, paragraph 2: “Expressing and exchanging ideas and diferent points of
view are assured in the public media”. Neither does the Constitution state explicitly
how this guarantee works in practice, nor is there an ordinary law that ills the gap.
he existence of an independent broadcasting regulator, a Media Ombudsman or
a Human Rights Commission could facilitate implementation of this guarantee.
Article 49, paragraph 2: In this clause, the Constitution gives opposition political
parties with seats in Parliament the right to air time on public radio and television
in order to respond to government statements. Under paragraph 3 of the same
article, this right is extended to trade unions, professional organisations and
representatives of economic and social activities. However, enjoyment of these
rights is also subject to approval of an ordinary law that does not exist.
Article 50: his Article establishes the nature of the functions of the Media High
Council (Conselho Superior da Comunicação Social – CSC), deined as “a body
for disciplining and consultation”. However, the Constitution refers to ordinary

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