II SÉRIE-D — NÚMERO 5

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The set of bills that, in its essence, regulate the media sector in Portugal, is composed of the following:

The Television Law – 8/2011 on 11 April, which regulates the access to the activity of televising and its

practice, including provisions regarding the exercise of the activity of network operator for the distribution by

cable, and the Publicity Code.

The Radio Law – 54/2010 on 24 December

The Press Law – 2/99 on 13 January, with several amendments, the one now into force being Law no.

19/2012 on 8 May.

As it is plain to see, this constitutes a recent juridical framework, designed and approved in the years of

2011 and 2012, and this has served as the main argument for the parliamentary majority to refuse altering

these bills even before they’re given time to consolidate their effects.

This does not mean the shunning of reflection on questions such as:

— The safeguard of editorial independence before political and economic powers;

— The reinforcement of the regulating entity’s capacities;

— The reinforcement on identifying and disclosing social shareholders surpassing certain levels;

— The imposition of the exclusivity principle for corporations owning general information Media, thus

preventing promiscuity with other economic activities;

Theme’s alignment within the European Union scope

We share the same respect for pluralism in the Media currently under appreciation by the european bodies,

especially from the 90’s onwards, with the European Parliament having alerted, namely through 25 September

2008 Resolution over the concentration and pluralism in the European Union’s Media, among other aspects, to

the implications of the concentrated ownership in the media system. Experience has shown that unrestricted

ownership concentration puts at risk plurality and cultural diversity, and that a system solely based on the

market’s free competition cannot of itself ensure plurality in the social media organs.

Within the recommendations stated in this Resolution, the European Parliament encourages “the disclosure

of ownership for all communication entities, in order to contribute for a greater transparency regarding the

purposes and identity of the broadcasting or editorial organism” and urges the Commission to “commit to the

promotion of a stable legal frame which can guarantee a high level of plurality protection in all member-states”.

Bearing in mind the EU’s commitment to respect the right to freedom of speech and information, and

plurality in the Media, assumed in conformity with provisions under article 11 of the Charter of Fundamental

Rights of the European Union, it rests on the European Commission the task of following the evolution in

Media, namely concerning concentrations and their impact over liberties in the internal market and information

pluralism.

In this context, the Commission promoted in 2007 several initiatives with a view to sparkle a debate over the

situation regarding plurality in the European Union’s member-states’ Media entities. These included the

preparation, by the Commission’s services, of a Work Document (SEC/2007/32) analysing the national

situations relative to the various aspects associated with the concept of pluralism, including information over

national rules for ownership of Media and various regulating models of all 27 member-states at the time.

We should highlight, as well, the elaboration of an independent study, with the purpose of defining and

testing objective indicators, among which is included the ownership factor in the Media, in order to evaluate

plurality in the European Union’s Media.

The reach of the plurality concept in the Media as is referred by the Commission on this working document

cannot be reduced to the issue of these organs’ ownership concentration; other questions arise regarding the

public radio broadcast service, political power, economic competition, cultural diversity, development of new

technologies, and transparency, as well as the working conditions for journalists in the European Union.

The public Radio Broadcast systems should possess the necessary resources and instruments in order to

safeguard their effective independence against political pressures and market forces.

Also within the Digital Agenda’s scope, and bearing in mind the national legislations of member-states and

their identification to common issues or concerns in this field, a report was prepared containing