Assembleia da República (Assembly of the Republic)
Law
Second amendment to Law no. 4/2001 of 23 February
Approves the Radio Law
The Assembly of the Republic hereby decrees, under point c) of article 161 of the Constitution, the following:
Article 1
Articles 68, 69, 71 and 72 of Law no.4/2001, of 23 February, as amended by Law no. 33/2003 of 22 August are hereby amended to read as follows:
« Article 68
[…]
...
a) …
b) …
c) Between (euro) 3000 and (euro) 15000, where the breach is committed by local coverage radio stations, between (euro) 15000 and (euro) 30000, where the breach is committed by a regional coverage radio stations, and between (euro) 30000 and (euro) 50000, where the breach is committed by national coverage radio stations, the failure to comply with paragraph 1 of article 44-A, articles 44-B, 44-C and 44-D, and paragraph 2 of article 44-G;
d) [Former point c).]
Article 69
[…]
1 - …
2 - …
3 - The failure to comply with paragraph 1 of article 44-A, articles 44-B, 44-C and 44-D, and paragraph 2 of article 44-G, which are penalised in accordance with point c) of the preceding article, may also be liable to the additional penalty of suspension, for a period not exceeding three months, of the licence for conducting radio broadcasting activities within which the infringement has taken place.
4. (Former paragraph 3).
5. (Former paragraph 4).
6. (Former paragraph 5).
Article 71
1 - …
2 - …
3 - The inspection of compliance with provisions in section III of chapter III herein is incumbent upon the regulatory authority for the media.
4 - (Former paragraph 3.)
Article 72
[…]
1 - …
2 - …
a) Articles 18, 19, 35, 37, 38, 44-A to 44-G and 52 to 62, which are incumbent upon the regulatory authority for the media;
b) …
3 - … »
Article 2
To chapter III of Law no. 4/2001 of 23 February, as amended by Law no. 33/2003 of 22 August, is hereby added a section III, which establishes rules on the dissemination of Portuguese music and comprises articles 44-A to 44-G, and which shall read as follows:
« SECTION III
Portuguese Music
Article 44 - A
Dissemination of Portuguese music
1 - The music programming of radio broadcasting programme services must include Portuguese music with a minimum quota ranging from 25% to 40%.
2 - For the purposes of this article, the following music compositions are deemed as Portuguese music:
a) Compositions that convey the Portuguese language or that reflect the Portuguese cultural heritage, namely taking inspiration on its typical traditions, environments or sonorities, whatever the nationality of their authors or players may be; or
b) Compositions that represent a contribution towards the Portuguese culture, despite not conveying the Portuguese language for reasons attached to the nature of the music genre concerned.
Article 44 - B
Public service
The quotas of Portuguese music in the public radio broadcasting service shall be established in the respective concession contract, the percentage of dissemination in the first programme service not being less than 60% of the total music disseminated therein.
Article 44 - C
Music in Portuguese
The quota of Portuguese music established pursuant to paragraph 1 of article 44-A must include at the least 60% of music composed or performed in Portuguese by citizens of Member States of the European Union.
Article 44 - D
Recent music
The quota of Portuguese music established pursuant to paragraph 1 of article 44-A must include at the least 35% of music the 1st phonographic edition or public dissemination of which has taken place within the last 12 months.
Article 44 - E
Exceptions
1 - The regime established in this section does not apply to the service of musical thematic programmes the specific programming model of which is based in the dissemination of music genres not performed sufficiently in Portugal.
2 - The provision in article 44-D does not apply to programme services exclusively dedicated to the dissemination of phonograms published for more than one year.
3 - The specification of programme services comprised by paragraph 1 is incumbent upon the regulatory authority for the media, which shall make publicly available the criteria to be complied with for purposes of the respective qualification.
Article 44 - F
Regulations
It is incumbent upon the Government, having heard the representative bodies of sectors involved and taking into consideration available indicators on matters concerning Portuguese music consumption in the national recording industry, to establish, by means of an administrative rule, the dissemination quotas provided for in paragraph 1 of article 44-A, for one-year periods.
Article 44 - G
Calculation of percentages
1 - For monitoring purposes, the calculation of percentages provided for in this section must be carried out at monthly intervals, based on the number of compositions disseminated by each programme service in the previous month.
2 - Percentages referred to in the present section shall be likewise complied with in programmes broadcasted between 7 a.m. and 8 p.m. »
Article 3
The regime provided for herein shall enter into force on the 60th day following its publication.
Article 4
The programme services that at the date of entry into force of this law do not comply with the minimum value provided for in paragraph 1 of article 44-A may reach this quota, continuously and progressively, in the course of the three first semesters of operation of this law.
Article 5
The regime provided for herein shall be reassessed two years after this law has entered into force.
Approved on 19 January 2006.
The President of the Assembly of the Republic, Jaime Gama.
Promulgated on 15 February 2006.
Let it be published.
The President of the Republic, JORGE SAMPAIO.
Counter-signed on 15 February 2006.
The Prime Minister, José Sócrates Carvalho Pinto de Sousa.
