PORTUGAL Law and Practice Contributed by: Jorge Silva Martins, João Carminho and Inês Coré, CS’Associados
laying down rules on the exercise of copy - right and related rights applicable to certain online transmissions of broadcasters and the retransmission of television and radio pro - grammes); • Decree-Law No 47/2023 (which transposes into national law Directive (EU) 2019/790 on copyright and related rights in the Digital Sin - gle Market or “CDSM Directive”); • Decree-Law No 82/2022 (which transposes into national law Directive (EU) 2019/882 on Accessibility Requirements for Products and Services or “European Accessibility Act”); • Law No 74/2020 (which transposes into national law Directive (EU) 2018/1808, amending Directive 2010/13/EU or “Audio - visual Media Services Directive”); and • Law No 27/2007, as amended (which approves the television law, transposing into national law Directive 97/36/EC). Under the applicable legal framework, AVMS in Portugal may be provided by the following operators: • television services broadcasters; • providers of on-demand audio–visual ser - vices; and • video-sharing platform services made avail - able in the Portuguese territory by video- sharing platform providers. The above-mentioned legal regimes impose var - ious requirements that must be met transversally by AVMS providers. However, stricter rules apply to television broadcasting, particularly in adver - tising and the protection of minors, due to its great societal impact. According to the Portuguese AVMS Law, AVMS providers must ensure that their programming respects fundamental rights, and does not (i)
provoke or incite violence or hatred against any group (eg, minorities), and (ii) encourage the commission of terrorist offences. Moreover, television service broadcasters are subject to specific restrictions not only concern - ing content but also regarding the applicable timeframes for making such content available. This particularly applies to content that is likely to be harmful to minors and could adversely affect the development of their personality. Such content may only be aired between 10 pm and 6am, and must display a visual warning symbol throughout its duration. The same applies to on-demand audio-visual service providers, who must similarly identify and label such content and provide techni - cal parental control features to restrict minors’ access. With regard to advertising, television commer - cials and teleshopping aired from 6am to 6pm, as well as from 6pm to midnight, must not exceed 10% or 20%, depending on whether they per - tain to conditional access television programme services or free/conditional access television programme services with a subscription. Video-Sharing Platforms Certain content restrictions applicable to tel - evision and on-demand AVMS providers also extend to video-sharing platform services. These obligations primarily focus on protect - ing minors and the public from hate speech and incitement to violence, as well as other forms of hateful content, including criminal and child pornographic material. Therefore, video-sharing platforms must moderate user-generated con - tent to a certain extent to ensure compliance with these obligations.
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