PUBLISHING | ARTICLE

Administrative Law

The new “right to protection against disinformation” in Portugal

Book title / Magazine:
e-publica
LPL Author(s):
Domingos Farinho
Within the scope of the Project:
Lisbon Digital Rights and Freedoms
Research Areas:
Direito Digiral
Bibliographic reference:
DOMINGOS SOARES FARINHO, The New “Right to Protection against Disinformation” in Portugal, 8 e-Publica 78 (2021).
Research Group(s):
Administrative Law
Ano: 2021

Synopsis

The present paper aims to study the recently enacted and titled “right to protection against disinformation” in Portugal and determine its deontic content. Taking into consideration that the legislator refers also to a new legal definition of disinformation the analysis of the definition will also take place, considering the roles that legal definitions can have in a legal system. The paper takes an analytical approach to the Portuguese norms and system but also strives to frame the legal interpretation of the new right within the European context of measures directed at addressing the problem of disinformation, with special consideration to the EU Digital Services Act (DSA) proposal. It is argued that the new “right to protection against disinformation” is in reality a right to have non-binding decisions by the Media Regulator and that these decisions, although without deontic status, may perform two relevant functions: i) (dis)information correction ii) provide reasons and justification to ulterior judicial decisions concerning the removal or blocking of disinformation.

Lisbon Public Law Research Centre

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