The National Electoral Commission (CNE) considers that political propaganda activity is “free” in public places and that the removal of outdoor in Lisbon by the City Council may constitute a crime.
In a response letter sent to the Lusa agency, the CNE affirms that the municipalities “have no competence to regulate the exercise of the freedom of propaganda” and that the removal of posters from public space must be decreed by court order.
The parties resisted, but Câmara even removed the Marquês de Pombal posters in Lisbon. PCP accuses the Chamber of censorship
After the Lisbon Chamber notified 13 entities to withdraw their outdoor from Praça Marquês de Pombal, the municipal services removed four posters (of the MUDAR movement and of the Nós Cidadãos, PAN and PCP parties) in the early hours of September 28, which were not removed “voluntarily”.
The municipality based the petition to the 13 entities in which the square is part of a “special zone of joint protection” and on the “list of real estate of municipal interest and other cultural real estate” included in the regulations of the Municipal Master Plan .
The municipal executive also recalled that, according to article 6 of Law No. of the advertising media used.
However, the CNE has a different perspective and says that “the removal of advertising planned by the Lisbon City Council is not covered by the applicable legal provisions”.
“The activity of propaganda, with or without an electoral character, whatever the means used, is free and can be carried out at any time, outside or during electoral periods, in public places, especially those in the public domain of the State and of other entities”, summarizes the CNE, recalling the freedom of expression provided for in the Constitution and that the “right not to hinder” these actions is part of the “fundamental tasks of the State”.
The electoral commission also questions a “crime of damage” for the “illegality of the described action” and that includes “the dismantling of the structures where political propaganda messages were placed.”
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In 1995, the Constitutional Court (TC) evaluated the constitutionality of Law No. 97/88, at the request of the PCP, which questioned various regulations and the power attributed to the municipal councils in the management of advertising.
In the written response sent to Lusa, the commission referred to decision no.
Numeral 1 of article 4 of the aforementioned law mentions the precautions that must be observed with commercial advertising and the placement of advertisements, and that includes the objectives of “not hindering the panoramic perspectives or affecting the aesthetics or the environment of the places or the landscape” and “does not harm the beauty or surroundings of national monuments, buildings of public interest or others that may be classified by public authorities”.
The CNE understands, like the TC, that these provisions must “guide individuals” and “not empower any administrative entity to impose prohibitions on them”, even if these objectives are not respected.
Once these objectives have not been met, the elimination of advertising by public entities only proceeds after the decision of a “competent court”.
Although it does not have the power to interfere in the case, the position of the electoral commission became known after an opinion requested by the Nós Cidadãos party, in which it recalls that the modification of the current law is the responsibility of the Assembly of the Republic.
For this case, the PCP filed a complaint on Monday with the Lisbon Department of Investigation and Criminal Action, while Chega did the same with the Public Ministry.
Lisbon PCP files a complaint for the removal of political posters of the Marquis of Pombal
Source: Observadora
