The Lisbon Administrative Court ruled that TVI has to transmit five rights of response from the Universal Church of the Kingdom of God (IURD) following the report "The Secret of the Gods", the lawyer told IRLD.
This decision follows a ruling by the Regulatory Body for Social Communication (ERC), which recognized TVI's refusal to respond to the episodes of the report "The Secret of the Gods" as legitimate. to try against the media regulator and TVI an urgent procedure to challenge that decision.
In accordance with the decision of the court, which Lusa had access to, IURD "has filed this summons for the protection of rights, freedoms and guarantees against the ERC, both with the other signs in the file, requesting the declaration of nullity of the decision of the ERC and the condemnation of this entity to recognize the right of reply of the author and to take all necessary acts and arising from the recognition of this right, further requesting, in the alternative, the substitution of the summons by a precautionary measure, with provisional decree, that recognize the right of reply of the author and order the ERC to perform all acts necessary and resulting from the recognition of this right. "
In the decision, dated October 23, "this action is upheld and, as a consequence, the requested entity is hereby directed to acknowledge the applicant's right to reply to the episodes transmitted in TVI's 'Jornal das 8' program, on December 11 to 15 and December 18 to 21, 2017, within the scope of the report 'The Secret of the Gods', and to issue a decision ordering the transmission of the replies, in the terms set forth above. "
Contacted by Lusa, the lawyer of the IURD explained that this decision can be appealed, but "has no suspensive effect", so the ERC will have to set the deadline for the issue of rights of reply.
"It is thus concluded that the applicant [IURD] the right to respond to the episodes transmitted by TVI in the context of the play 'The Secret of the Gods', on 11 to 15 and 18 to 21 of December 2017, which, contrary to the command provided for in artifo 69 (3), al. a) of LTV, must be transmitted as many times as the emissions of the reference that motivated the response, "reads the decision.
"Determines that each of the response texts shall be transmitted on the TVI channel by reference to each of the episodes appearing in TVI's Journal 8 program, and each of these texts shall be transmitted in this channel TVI24, in all situations in which following the issue of the episode followed the debate on this television channel, where the content of the episode was the subject of comments by guests and journalists, "adds the court decision.
"It will now be the required entity [ERC], in accordance with Article 60 (1) of the ERC Statutes, to determine in the decision ordering the transmission of the replies the deadline for the operator to comply with the decision to be taken, taking into account, in particular, the periodicity and sequence of the episodes shown, "he continues.
"Accordingly, the present summons should therefore be upheld, and the requested Entity is summoned to re-recognize the right of reply of the applicant and to issue a decision ordering the transmission of the replies, as announced," he adds.