2 DE NOVEMBRO DE 2013

7

It is a whole learning process that comes with the maturation of democracy itself. It won’t always mean the

desired linear evolution towards an increasingly perfect state.

It is a process composed of advances and fallbacks, often with erroneous interpretations of the real

meaning of concepts such as freedom of expression, transparency, access to information…

The conscience that we’re dealing with a mighty power – the notorious Fourth Power – has frequently led to

abuse, attempts to instrumentalize it, obscure control games, undue and illegitimate uses.

The truth – and we all know it – is that, in the wrong hands, whether it’s for political, ideological, economic or

any other motivations, this Fourth Power may have a devastating effect – in manipulation, conformism,

numbness, obscurantism, callousness before the corruption phenomenon and the absence of ethical codes

and transparency undermining the pillars of society.

These deviations, these temptations, these deflections can only be prevented, averted and stopped through

an ever more conscious society, ever more participating, ever more democratic.

When it comes to Media ownership – and having a clear idea that this is a dynamic topic and therefore open

for debate – Portugal has managed to erect a solid legal structure, comprehensive and effective, that seeks to

ensure real transparency in the media’s universe.

It must be said, however, for truth’s sake, that the Portuguese political sides find themselves divided

regarding this interpretation.

The center-right majority, currently in power, finds that the present legislation, --moreover, quite recent –,

provides a frame of parameters and answers suiting and effective in guaranteeing a free and transparent

exercise by the media – namely in terms of ownership.

The parties on the left, find it necessary to reinforce the means of controlling the media’s ownership, having

been submitted already during the current Term, initiated in 2011, several legislative initiatives thwarted by the

parliamentary majority.

One must say that the impact of the new information technologies has forced us to be permanently on alert

in this field, so as to prevent the emergence of new gray areas and no-man’s-land in a matter that concerns us

all. This seems to me to be, without a doubt, one of the main challenges legislators will face in the short term,

with a decisive role befalling on national parliaments.

National legal frame

Protecting the freedom of the Press is one of the main prerrogatives of any Democratic state, secured first

and foremost by the Constitution of the Portuguese Republic, in articles 38 and 39, which foresee the

disclosure of ownership and financing means for all social media entities.

To that effect, and because one aims at safeguarding the independence of Media before powers political

and economic, the objection to the concentration of corporations holders of generalist information organs, and

disclosing the chain behind social media ownership, the Register of Periodical Publications was created for

journalistic corporations, news agencies, radio operators and television operators (Statutory Decree no. 8/99,

June 9th, rectified by the Rectification Declaration no. 7/2008 from 27 February and by the Statutory Decree no.

2/2009 from 27 January).

This Register has the objective of proving the Media legal status, ensuring the transparency of their

ownership and guaranteeing the legal protection of periodical publications and the branding of radio and

television stations, reinforcing as well, through this, the important constitutional desideratum that the right to

information represents.

This register is carried out by the ERC, Regulation Entity for the Media, established by Law no. 53/2005,

November 8th, whose members of the Regulation Board are elected by the Assembly of the Republic, and

whose role, among others, is to ensure the free exercise of the right to inform and the freedom of the Press.

It is up to it as well to prevent the non-concentration of ownership on entities pursuing Media activities, with

a view to safeguard plurality and diversity, safe from prejudice against the capacities lawfully assigned to the

Competition Authority by Law no. 18/2003, July 11th, ammended by laws: 46/2011, June 24th, 52/2008, August

28th, and by Decrees no.: 18/2008, January 29

th, and 219/2006, November 2

nd, later revoked by Law no.

19/2012, August 8th.