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Portugal Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Administrative Decision

Administrative decision from the National Authority of Communications (ANACOM), Nokia Portugal v. Verza Facility Management, Google and others

This administrative resolution ordered a host provider to remove the incriminated website from the network. The decision also required all network content aggregation providers (permitting a direct or indirect access to the incriminated website, and thus associated with illicit content) to disable access to the website. This ruling seems to cover, at least indirectly, hyperlink providers. This resolution, which is very brief, does not offer further details.

Decreto-Lei n.º 7-2004, de 7 de Janeiro [Decree-Law No. 7/2004 of 7 January], Lei do Comércio Electrónico [English Version]

(1) Transposes into national law Directive 2000/31/EC of the European Parliament and of the Council of June 8, 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). In general, the decree presents a scope similar to the Directive. When examined in more detail though, one can observe that the decree, in certain aspects, went beyond the Directive, regulating a number of legal issues that were not explicitly covered by the Portuguese legal system and neither by the Directive. (2) The provisions of the Decree-Law that address the liability of service providers can be found in Chapter III (Articles 11 – 19), entitled "Liability of networking service providers." (i) The statute implements the liability regime estiblesed by...

Código do Direito de Autor e dos Direitos Conexos (CDADC) [Code of Copyright and Related Rights], Law No. 45/85 of September 17, 1985, last amended by Law n.º 16/2008 [English Version]

This law covers the legal protection of intellectual creations in the literary sphere and artistic works. It transposed into Portuguese legislation EU Directive n.º 2004/28/EC of 29 April 2004. For a detailed overview of the Copyright legal framework in Portugal see the chapter on Portugal by D. Moura Vicente in R.M. Hilty and S. Nérisson (eds), Balancing Copyright – A Survey of National Approaches, MPI Studies on Intellectual Property and Competition Law 18, Springer-Verlag Berlin Heidelberg 2012.

General Resources - Portugal

International Encyclopaedia of Laws for Cyber Law (ed. Prof. Dr. Jos Dumortier), National Monograph “Portugal” by Antonio Lourenço Martins, José Garcia Marques, Pedro Simões Dias, Kluwer Law International, http://www.kluwerlawonline.com/toc.php?pubcode=CYB&PHPSESSID=ff8vbauqvfpdoqe4d5dfld0ek4