Latest news and stories about freedom of speech in Portugal for expats and residents.
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Despite the headwinds, the right to speak and express what is on our minds (even if erroneously) is still respected at the ECHR. Opinion by Francisco Teixeira da Mota.
The Chega leader also admitted he may appeal to the European Court of Human Rights if necessary.
The Court of Appeal considers that the fact that André Ventura is a politician does not grant him special rights to freedom of expression that supersede the Constitution or the European Convention on Human Rights.
Although the Chega leader justified the appeal citing the “right to freedom of political expression”, the court stated there was a “discriminatory message regarding all people of an ethnic group”.
The Lisbon Court of Appeal has upheld a civil court order requiring the removal of campaign posters by André Ventura that targeted the Roma community. The court ruled that the message “Roma must follow the law” is inherently discriminatory and not protected by political freedom of speech. The ruling cites European Court of Human Rights jurisprudence to argue that political discourse loses protection when it attacks ethnic groups. This decision contrasts sharply with a recent Public Prosecutor's ruling that archived criminal complaints regarding the same posters, a move lawyer Garcia Pereira described as being written as if by someone from the Chega party.
The leader of Chega and former presidential candidate invoked several reasons in his appeal against the December decision, including the “right to freedom of political expression”.
The Public Prosecutor's Office concluded that the posters did not constitute incitement to hatred. For André Ventura, the decision sets a precedent regarding freedom of speech in Portugal.
The president of Chega states that the decision 'would set a precedent for the future', not just being something that would affect the country's political context.
“We are facing a decision that marks the right direction the country should take,” stated the leader of Chega.
The Public Prosecutor's Office has archived the case concerning André Ventura's posters. Despite allegations of racism and hate speech, the justice system determined that the messages fall under the freedom of expression in political discourse.
The prosecutor considers that messages regarding Bangladesh or the Roma community are merely 'political freedom of speech'. Additionally, there is a Portuguese national among the victims of a bus fire in Switzerland.
Complaints against posters stating 'Gypsies must obey the law', 'This is not Bangladesh', and 'Immigrants cannot live on subsidies' have been archived; freedom of speech protects politicians.
The author of the social media post targeted by a complaint from the prime minister today denied any intention to spread disinformation, saying their account is 'a satire page'.