Journalists’ Rights
Journalists are guaranteed the rights set out in Article 6 of the Journalists’ Statute, namely:
Freedom of expression and creation
Freedom of access to sources of information
Guarantee of professional secrecy
Guarantee of independence
Participation in the editorial orientation of the respective media outlet
Freedom of Creation and Copyright
Journalists’ freedom of expression and creation is not subject to impediments or discrimination, nor to any form of censorship.
The following are considered protected works under the Copyright and Related Rights Code and the Journalists’ Statute: intellectual creations by journalists, expressed in any form, namely articles, interviews or reports that go beyond the mere dissemination of daily news or the simple reporting of events and that reflect the journalist’s individual capacity for composition and expression.
Right to Signature: Journalists have the right to sign the pieces they produce, or in which they have participated, using their professional name registered with the CCPJ, and the right to oppose any modification that distorts their work or may affect their good name or reputation.
Exceptions apply to formal changes introduced by journalists in hierarchical superior positions within the same newsroom, when required for layout or linguistic correction. In such cases, journalists may refuse to have their name associated with a final version with which they do not agree.
Employment Contracts: Journalists working under an employment contract are entitled to separate remuneration for the use of their copyright-protected works.
For salaried journalists, the right to use a protected work for informative purposes is deemed to be included in the employment contract for a period of 30 days following its first public availability, in each media outlet and respective websites owned by the company or economic group to which the journalist is contractually bound.
Outside these cases, any authorization for public communication of journalists’ intellectual creations or for the transfer, in whole or in part, of their economic copyright rights must be established through specific contractual provisions, in accordance with the law, specifying the scope, time, place and price conditions of use.
Arbitration Commission
In the absence of agreement regarding the conditions of use of protected works and the amounts due, either party may request the intervention of an Arbitration Commission.
The Arbitration Commission is established under the initiative of the CCPJ and consists of:
Two law graduates appointed by each party; and
One jurist with recognized experience in copyright law, drawn by lot from a list prepared by the CCPJ, who presides over the commission.
Right of Access to Information
Journalists have the right of access to sources of information.
This right is guaranteed by:
Public Administration bodies listed in Article 2(2) of the Administrative Procedure Code;
Companies wholly or mainly owned by public capital, state-controlled companies, public service concessionaires, or entities exercising public powers or pursuing public interests, when the requested access concerns activities governed by administrative law.
The right of access does not include:
Judicial proceedings under secrecy;
Classified documents or those protected by specific legislation;
Non-public personal data of third parties;
Documents revealing commercial, industrial or intellectual secrets;
Documents supporting preparatory acts for legislative decisions or contractual instruments.
Refusal of Access
Any refusal to grant access to information sources must be duly justified.
Journalists may file a complaint with the Commission for Access to Administrative Documents against administrative decisions refusing access to public documents. Such requests are subject to an urgent procedure.
Right of Access to Public Places
Journalists have the right of access to publicly accessible places, as well as to places not open to the public but open to the media in general, for news coverage purposes.
At events with paid admission where expected attendance justifies access restrictions, media accreditation systems may be established.
Exercise of the Right of Access
Journalists may not be prevented from entering or remaining in places open or accessible to the media when their presence is required for professional activity, subject only to legal limitations. They may use the technical and human resources necessary to perform their work.
At paid events where media-designated spaces are insufficient, priority shall be given to national media outlets and local outlets from the municipality where the event takes place.
In the event of disagreement between event organizers and media outlets regarding access rights, either party may request the intervention of the Regulatory Authority for the Media, whose decision is binding. Failure to comply constitutes the crime of disobedience.
Journalists are entitled to a special regime allowing the circulation and parking of vehicles used in the exercise of their professional duties.
Professional Secrecy
Journalists have the right not to disclose their sources of information, except as provided by criminal procedural law.
Any journalist summoned to testify must be informed by the authorities of the scope and content of their right not to disclose sources, under penalty of nullity of the testimony.
The disclosure of sources may only be ordered in cases provided for by law, based on the principle of prevalence of overriding interest, taking into account the indispensability of the testimony for discovering the truth, the seriousness of the crime, and the need to protect legal interests.
In such cases, the court must specify the scope of the facts about which the journalist is required to testify and may restrict public attendance or exclude publicity of the testimony. All participants are bound by a duty of secrecy.
Directors of information, administrators, managers, and any other persons working within media organizations may not disclose journalists’ sources of information without written authorization, including journalistic archives and any documents capable of revealing such sources.
Searches of media organizations may only be ordered or authorized by a judge, who must preside over the operation and notify in advance the president of the most representative journalists’ union, or a delegate, subject to confidentiality.
Only during a search may journalistic material be seized, and solely in cases where breach of professional secrecy is legally admissible. The material must be sealed and sent to the competent court, which may authorize its use as evidence only if the breach of secrecy has been duly ordered.
Journalistic Independence and Conscience Clause
Journalists may not be compelled to express or endorse opinions, to refrain from doing so, or to perform professional tasks contrary to their conscience, nor may they be subject to disciplinary measures for such reasons.
Journalists have the right to refuse editorial instructions issued by persons who do not hold a management or editorial leadership position.
They may also oppose the publication or dissemination of their work in a different media outlet from the one where they work, even within the same company, provided they justify their disagreement with the editorial orientation.
A journalist may request confirmation from the Regulatory Authority for the Media of a profound change in the editorial line or nature of the media outlet and may terminate the employment relationship with just cause. In such cases, the journalist is entitled to compensation equivalent to one and a half months’ base salary per year of service, with a minimum of three months’ base salary.
Right to Participation
Journalists have the right to participate in the editorial orientation of the media outlet for which they work, except in cases of doctrinal or confessional media. They may express their views on all aspects related to their professional activity and may not be subject to disciplinary sanctions for exercising these rights.
Editorial Board
In media organizations with five or more journalists, an Editorial Board is elected by secret ballot under regulations approved by the journalists themselves.
Where there are fewer than five journalists, the board’s powers are exercised collectively.
The Editorial Board is responsible for:
Cooperating with management in editorial orientation;
Issuing opinions on the appointment or dismissal of the director, deputy director and assistant director;
Giving opinions on the drafting and amendment of the editorial statute;
Participating in the drafting of codes of conduct;
Assessing the conformity of advertising content with the editorial line;
Issuing opinions on the invocation of journalists’ statutory rights;
Issuing opinions or recommendations on ethical and professional matters;
Issuing opinions on disciplinary responsibility, particularly in cases of dismissal for just cause, within five days of receiving the case file.
Links
CCPJ
https://www.ccpj.pt/pt/jornalista/direitos/
https://www.ccpj.pt/pt/legislacao/jornalista/exercicio-da-profissao/
PGR
Lei n.º 1/99, de 01 de Janeiro ESTATUTO DO JORNALISTA
https://www.pgdlisboa.pt/leis/lei_mostra_articulado.php?nid=136&tabela=leis
ERC
https://www.erc.pt/pt/legislacao/
Universal Declaration of Human Rights (UDHR)
https://unfoundation.org/blog/post/the-universal-declaration-of-human-rights-is-turning-75-heres-what-you-need-to-know/?gad_source=1&gad_campaignid=19554869486&gbraid=0AAAAAD9kiAcFl3K_lCF9-KW_5CUhD4NU8&gclid=CjwKCAiAmKnKBhBrEiwAaqAnZ7JbDRz6mHZlaJNal5WifR84BWeOO48fwmP338zYuycrNQx50ODRmhoC4AMQAvD_BwE
International Covenant on Civil and Political Rights (ICCPR)
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
Safety of Journalists
https://cpj.org/
European Convention on Human Rights
https://www.echr.coe.int/documents/d/echr/convention_ENG
Reporters Without Borders (RSF)
https://rsf.org/en