censorship in Portugal

The Portuguese Constitution guarantees freedom of expression, but this right is not absolute and may be limited by laws that regulate censorship. The Law on Freedom of Expression, approved by Decree-Law No. 108/2007, of April 12, establishes the rules for the exercise of this right. Censorship in Portugal is subject to the principles of necessity, proportionality, and legality. Any restriction on freedom of expression must be provided for by law and must be necessary in a democratic society.

The censorship regime in Portugal applies to all forms of expression, including written, spoken, and visual works. The National Authority for Communications, ANACOM, is responsible for regulating and supervising the media, including radio, television, and online platforms. The Authority has the power to impose sanctions on media outlets that violate the rules on censorship. These sanctions may include fines, suspension of broadcasts, or even revocation of licenses.

The Law on Copyright and Related Rights, approved by Law No. 50/2004, of August 24, establishes the rules for the protection of intellectual property rights in Portugal. This law provides for the exclusive rights of authors and creators, including the right to reproduce, distribute, and communicate their works to the public. Censorship may be applied to works that infringe these rights or that are considered to be contrary to public morals or order.

The Portuguese Penal Code, approved by Law No. 16/2001, of June 22, establishes the crimes related to censorship, including the offense of insult, defamation, and incitement to hatred or violence. These crimes are punishable by imprisonment or fines, depending on their severity. The Code also provides for the protection of the right to honor, privacy, and image, which may be limited by censorship in certain situations.

The Portuguese courts have the power to order the removal or seizure of works that are considered to be contrary to the law or to public morals. This power is established by the Code of Civil Procedure, approved by Law No. 41/2013, of June 26. The courts may also order the blocking of online content that infringes intellectual property rights or that is considered to be harmful or offensive.