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Ética Periodística a Principios del Siglo XXI - Monitorando

Ética Periodística a Principios del Siglo XXI - Monitorando

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The author also emphasizes the changes sustained over time, their power and<br />

strength and the absence of punishment that currently exists in Portuguese legal<br />

framework in case the duty of hearing the Newsroom Councils is not verified<br />

(CARVALHO et al., 2005 cit. in FIDALGO, J., 2009). Therefore, their existence and<br />

effectiveness is related to the intention and accessibility of directors and it is more<br />

dependent on what the author calls professional culture as something that constrains<br />

free enterprise of the owners (FIDALGO, J., 2009: p. 386). There are various<br />

mechanisms of regulation but its legitimacy, strength and effectiveness are often<br />

questioned (FIDALGO, J. & OLIVEIRA, M., 2008: p. 209), which enhances criticisms<br />

and judgments about journalists’ activity:<br />

Only illusionary immune to the public eye, media have, as many sustain,<br />

enjoyed a certain degree of impunity. Accused of spectacular and privacy<br />

disrespect, of encouraging public judgment, of lack of rigor, of accelerating<br />

information and of partiality, journalists are often targets of criticism and<br />

accusation (ibidem).<br />

On the other hand, economic and competitive imperatives can lead to the loss of<br />

fundamental rights and freedoms, not only of the professionals of information but also<br />

of the public, deflecting consequences on both sides of the communicative process:<br />

The right of journalists to participate in these orientations [of<br />

professional and editorial nature] - the guarantee of their “internal freedom” –<br />

is, according to Carvalho et al. (2005: 284), to preserve values of informative<br />

pluralism, because it allows “the transformation of each media in a more<br />

diverse forum” compensating for instance “the negative effects of the<br />

concentration phenomenon” (FIDALGO, J., 2009: p. 386).<br />

In the Portuguese context, there is a principle of separation between business<br />

matter and editorial matter (ERC, 2009: p. 11) and this is an interesting observation<br />

from the state media regulatory entity. The regulator also stressed that the TVI’s<br />

administration incurred in an illegal act that was harmful for the Information Directorate<br />

and for that journalists’ network. Furthermore, the resignation act of João Maia Abreu<br />

could have been unnecessary since law protects him from obeying orders from someone<br />

321

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