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An important decision of the ERC - Regulatory Authority for the Media

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An important decision of the ERC - Regulatory Authority for the Media

Post by Pedro Silva on Sun Oct 10, 2010 10:16 pm

An important recent decision of the ERC - Regulatory Authority for the Media, which condemns the junk mail in the morning newspaper "for" party-in-pig ", in which the Beast of Portimão assaulting his ex and her husband.

Subject: Complaint of Marcos da Fonte Aragão Correia against the newspaper "Correio da Manhã"

The council's regulatory body for media regulations who had a meeting on September 7, 2010, approved a resolution 28/Cont-I/2010 on the issue identified above, which is annexed.

Council´s Regulatory body for media regulations

Resolution 28/CONT-I/2010

I - Complaint

1. On the edition of October 5th 2009 of the newspaper "Correio da Manhã", at page 12 ("Portugal" section), arises published a news, under the title "Aragão tries to ruin Amaral´s dinner" and subtitle "Leonor Cipriano´s lawyer interrupted birthday party of former PJ coordinator, with the content:

"Marcos Aragão Correia, Leonor Cipriano´s lawyer at the Gonçalo Amaral´s trial, which ended condemned with suspended sentence by false testimonial/ perjury at the case of the alleged torture to Joana´s mother, interrupted at the yesterday dawn the birthday party of the 50th of the former PJ coordinator of Portimao. With the company of a PSP patrol, the purpose was to identify the authors of a supposed aggression attempt, minutes earlier, at the door of the restaurant.

Aragão was parked in front of the restaurant, driving a car, with to more occupants, around midnight. According to a witness, the lawyer made an obscene gesture to the guests, which were at the outside making a toast after five minutes of firework. The witness recognises that threatened Aragão, because his wife (the witness´s wife) assisted to the gesture. The lawyer took off with the tires to slip, then returned with the PSP.

2. The news published at the same site of "Correio da Manhã" has the same content as the news published at the printed edition, with few alterations, added the next paragraph:

"When Gonçalo Amaral and Paulo Pereira Cristóvão(co-arguido absolved at the Leonor Cipriano process) addressed to the agents, in the middle of the street, Aragão fled. "Correio da Manhã" tried yesterday to contact him, but the cell phone was off.

3. At October 6th 2009, a complaint entered at ERC, subscribed by Marcos Teixeira da Fonte Aragão Correia, in which, Marcos considers that the news in question uses lies and distortion of the reality and is considered as an attack against his person. Also mentions that the newspaper insisted in publish lies, despite received several email messages of witnesses, citing one in particular, allegedly sent by Ana Brás, one of the persons presented in the car of the complainant, which tells a different version about what happened.

4. At October 16th 2009, more entries at ERC statements of Ana Sofia da Conceição Marques Brás e José Olímpio Araújo Branquinho, with the same content, claimig falsity of the news and stressing that Marcos have not done any obscene sign to anybody.

II. Opposition of the denounced

5. Notified, at the legal terms, to deduce, wanting, against the complaint, the "Correio da Manhã" referred that no one from the wording section had knowledge of the content of the message sent by Ana Marques Brás, which can be explained by the fact of the message allegedly sent to general email addresses, without any reference, request or explanation. The "Correio da Manhã" mentioned also that the news published is only a chapter of the quarrels between GA and Marcos Aragão Correia, which are public domain. The part was, according CM, prepared based in statements of people who saw Marcos made the obscene gesture to a group of persons who celebrated GA´s birhday, and it is, objective and rigorous, since it refers also the attempt of aggression from which the complainant had been victim, also the fact of previously appeared to the restaurant where the party happened with the company of the PSP agents.

6. The denounced mentioned also that the reporter made no comment or judge comments about the actions which describes on the part and, during all day which was previous to the publication of the news, tried to contact Marcos, but no phone from him was answered. By the reasons invoked, the denounced concludes that there was no breach of ethical obligations.

7. Finally, the denounced requests to be listened the reporter Paulo Marcelino about all the issue about the newspaper´s oppositon.

III. Analysis and validity

8. Through analysis the news, the Counselor´s understands that the exercise of the right of reply is the most adequate way the complainant restores, in useful time, his version of events, dismantling the statements, in his view, jeopardizes his good name and reputation.

9. However, the complainant had not showed that right, so, it will be the ERC to appreciate, at their offices, in what way the newspaper assured the rigorous informative duty and guaranteed the respects of the personalities´s rights of the complainant. It is important to refer the article 3º. of the press law approved by law nº. 2/99, of January 13th, which determines that the "freedom of the press has as unique limits the ones that comes from the Constitution and the Law, with the way to protect the rigorous and objective of the information to guarantee the rights of good name, the reserve of privacy of private life, the image and word of the citizens and to defend the public interest and the democratic order".

10. It appears that the journalistic part has a speech, in which, certain points, may be considered adverse to Marcos Aragão Correia: it says in the title that either the complainant "tries to ruin GA´s dinner", at the body of the news it says either the complainant "had made an obscene sign to the guests", and shows (apparentely) the presence of the complainant "parked in front of the restaurant, at the driving of a car with two more occupants around midnight", had the purpose of provoked a reaction of GAand his party members.

11. Refering also that the adverse character of the complainant at the construction of the text, comes, naturally, from the sources on which the same exists, namely the "witness" who told to Correio da Manhã that threatened Marcos Aragão Correia, after saw him made the gesture [obscene for the guests]".

12. The Correio da Manhã says that tried to vary his sources, being started attempts of contacting the complainant, without success. Besides, at the email edition it is expressely mentioned that "CM tried to contact him [Marcos Aragão Correia], but his cell phone was off".

13. Indeed, was exigible the audition of the complainant, allowing that the same contradicted the facts reported and exposed his version of the reality, cautioning, with that way, the informative rigorous of the issue published, in compliance of duty "of listened the parts with justifiable interests", demanded by the article 14.º, nº1, aline e, from the Journalist status. However, the mentioneds in certain journalistic part, may rightfully prescind their exercise, by remaining in silence. When that happens, the involved must be aware that it will be released certain facts which are from their concern, with a configuration that omits the one that would be their version by their own choice.

14. About the case in analysis, a comprehensive balanced way of the events impose that the newspaper devoted all it´s efforts that allows an audition of the complainant, which could allow, eventually, impose that the news were only released at previous day, with the sense of allow additional diligencies with the purpose of an audition Marcos Aragão Correia.

15. Finally, it is mentioned that by unnecessary the audition of the reporter Paulo Marcelino about all the issue regarding the opposition of the newspaper, since there are no quarrels about the issue that may be clarified by the reporter.

IV. Deliberation

Being appreciated a complaint of Marcos Teixeira da Fonte Aragão against the newspaper Correio da Manhã, by alleged failure of rigorous duty, the Council of ERC, based on the articles 8º, aline a, and 24º, nº.3, aline a, of the statutory attached at te Law nº53/2005, November 8th, delibers to gives partial filing to the complaint and, in consequence, urge the newspaper Correio da Manhã to compliance of the ethical-legal duty of "listening the parts with justifiable interests" which may impose that all unfavorable news about the mentioneds will not be immediately released, to allow all the diligencies to be performed at the reach of the newspaper with the purpose of the audition of the mentioneds.

Administrative charges are payable in the amount of 4.5 units of account in accordance with Article 11, paragraph 1, aline a) and Annex V of Decree-Law no. 103/2006 of 7 June, as amended by Decree-Law No. 70/2009 of 31 March

Lisbon, September 7, 2010.

The Regulatory Board

José Alberto de Azevedo Lopes
Elísio Cabral de Oliveira
Maria Estrela Serrano
Rui Assis Ferreira


Pedro Silva
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Re: An important decision of the ERC - Regulatory Authority for the Media

Post by bluj1515 on Mon Oct 11, 2010 1:48 am

Wow, so Marcos won his complaint against CdM? Basically saying they did not properly fact-check and may have been biased?
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Re: An important decision of the ERC - Regulatory Authority for the Media

Post by Sabot on Mon Oct 11, 2010 2:02 am


Apparently they tried to phone him but his phone was switched off. So they went ahead.

Very Bennett. If you don't deny it then it must be true.

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Re: An important decision of the ERC - Regulatory Authority for the Media

Post by Pedro Silva on Mon Oct 11, 2010 7:29 pm

My friends, a correction in my translation above:

where it says:

" 14. About the case in analysis, a comprehensive balanced way of the events impose that the newspaper devoted all it´s efforts that allows an audition of the complainant, which could allow, eventually, impose that the news were only released at previous day, with the sense of allow additional diligencies with the purpose of an audition Marcos Aragão Correia."

It should read:

"14. About the case in analysis, a comprehensive balanced way of the events impose that the newspaper devoted all it´s efforts that allows an audition of the complainant, which could eventually impose that the news were only released at a later day, with the sense of allow additional diligencies with the purpose of an audition of Marcos Aragão Correia.".

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Re: An important decision of the ERC - Regulatory Authority for the Media

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