Victory for Amaral would, effectively, be the death-knell of libel in Portugal, I agree ...
No, not necessarily. Everyone and their brother seems to be accusing each other of criminal libel.
Even a journalist faced a criminal suit, apparently, for calling the president a clown. That's a criminal offence in PT.
Author investigated for calling Portuguese President ‘a clown'Share on Facebook
By Robert Myles / Editor-at-Large
May 25, 2013 in Politics
+
Lisbon - Portugal's Attorney General has opened an investigation after celebrated author, Miguel Sousa Tavares, called Portugal’s head of state, President Silva, a clown in an interview. The author’s remarks could see him facing a three year jail term.
In the Anglo-Saxon world, the knockabout of politics comes with the territory. In the United States, it’s easy to imagine Barack Obama shrugging his shoulders were a heckler to use the clown epithet. Obama's been called a lot worse. In Australia, it’s become almost de rigueur for politicians to bandy insults when referring to their opponents. But in Portugal, thin skinned politicians in high office have the force of law to back them up.
In an interview with a journalist from the Portuguese business daily Jornal de Negocios, author Miguel Sousa Tavares had been asked about the possibility of a personality emerging in Portuguese politics similar to actor and politician Beppe Grillo in Italy, reports BBC News.
In response to the journalist’s question, author Miguel Sousa Tavares replied, "We already have a clown. His name (Anibal) Cavaco Silva."
Just a few hours after the interview was published the Attorney General’s office reportedly opened an investigation on whether Tavares’ comments constituted the offence of ‘insulting the honor’ of the Portuguese president.
Insulting the honor of the Head of State in Portugal constitutes an offence under Article 328 of the country’s Penal Code, says Portuguese daily Expresso. There, in law, those who insult or defame the President of the Republic can be punished with imprisonment of up to three years or a fine. And the statute goes on, magnifying the seriousness of Tavares alleged offence, ""If the libel or slander is made through words uttered publicly, publishing writing or drawing, or by any technical means of communication with the public, the offender shall be punished with imprisonment from six months to three years or with a fine and not less than 60 days imprisonment.""
The threat of landing in jail may have caused author Tavares to reflect. After his reported remarks appeared, he appears to have backtracked. Portuguese Lusa news agency says Tavares admitted it was “excessive” to call the President a clown.
And it didn’t end there, as if to prove that Portuguese politicians must be sensitive souls indeed, Portuguese Social Democrat politician Jorge Moreira da Silva expressed outrage at Tavares’ remarks. Released in a statement, da Silva said, "“The Social Democrat Party repudiates the insulting remarks of Miguel Sousa Tavares, and considers these exceeded the bounds of political combat. The fact that they were uttered by a person with additional responsibilities to the general public, resulting from his long and renowned career as a journalist, author, columnist and political commentator, makes these statements even more objectionable from the standpoint of the PSD.""
The role of the Portuguese President is largely ceremonial. In the case of President Aníbal Cavaco Silva, some of his previous utterances have raised a few eyebrows. Speaking of the numbers of Portuguese in public services, often reckoned to enjoy ‘jobs for life,’ he’s reputed to have said, “It's wait for them to die.” French daily Le Monde reports that President Silva was recently mocked by his compatriots for having said that "intervention of Our Lady of Fatima" has probably allowed Portugal, with financial assistance, to obtain a clean bill of health from its creditors.
At least author Miguel Sousa Tavares can count himself lucky on one score. Portugal abolished capital punishment for most civil crimes as far back as 1867. Otherwise these sensitive Portuguese politicians might have been crying, “Off with his head!”
Read more:
http://www.digitaljournal.com/article/350799#ixzz37AeIYNRw
