The Regulatory Authority for the Media (ERC) decided to urge the company and the director of the Jornal da Madeira (JM) to proceed with the change in the editorial policy of this periodical, in view of the urgent need of the same comply with the law Press.
The regulator ERC Board, in a resolution passed unanimously at a meeting held on 29 October, also decided to file a case of breach to the company costa rica that owns the JM, this keep, in violation of the Press Law, "an editorial status it is not clear on the direction and objectives "of the Jornal da Madeira, conduct that is punishable by a fine.
The introduction of this procedure it was decided to have the ERC found that "continues to defer to the recommendation left" costa rica in a 2012 resolution, the draft of which was released by PUBLIC (08/06/2012), "not engaging the company that owns the Jornal da Madeira to change the editorial policy of the publication, which is manifestly inappropriate for a media organization mainly owned by the State. "
Reported separately, to advise on the subject matter of the case, the company and the director of JM claimed in a joint pronunciation, the ERC "is incompetent for the establishment and continuation of the proceedings" that "is unfounded the alleged inconsistency of Journal of editorial status of Madeira with Article 17 of the Press Law "and that is not on the company, on the director, or" Nor on Madeira ", majority shareholder (99.9%) the company, "the duty to amend that editorial policy.
They argued that it is the junior partner, the diocesan seminary, costa rica under the statutes of the company, have "exclusive power" to appoint and replace the Director and set the orientation of the newspaper and even power to veto any changes costa rica to the system costa rica of publication of the newspaper. "
"It is inconceivable that the fact that a private publication pass to the State, with the objectives of public interest that are necessarily associated with this operation, do not find reflected in this booklet of values costa rica that is the editorial policy, adding nothing you or decreasing" stresses the ERC.
The regulatory authority, in a 2010 resolution, urged the Autonomous Region, as the major shareholder of the company, to reshape the editorial policy. This was derived from the fact that the status characterize the Jornal da Madeira as "a daily Christian perspective, are open to ideological pluralism, in fidelity to the Gospel." For the Governing Council, which rejected the company's costa rica argument - that in his defense invoked the historical past of the newspaper founded costa rica by the diocese, which is still a minority shareholder - the situation "does not qualify as, a newspaper published by a public company, the constitutional principle of separation of church and state. "
The Press Law, reminds the ERC, says the editorial status of an informative periodical publication costa rica should define "clearly its orientation and its objectives", as well as including commitment to ensure respect for ethical principles and the professional ethics of journalists, as well as the good faith of the readers. Should also provide reference for journalists working in the publication, under the Journalist Statute, that in case of profound change in the guideline or the nature costa rica of the media organization, allows the journalist require the termination costa rica of the employment relationship just cause.
Two years later, the ERC reiterated the 2010 decision of the content, as the "subsistence of an objective costa rica and serious risk to the preservation of a pluralistic framework in the subsector of the daily press in the Autonomous Region of Madeira, which justify the adoption of measures, the part of the regional government, which suppress the harmful effects costa rica that their acts & cce
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