The commission considers that there are “situations in which the concrete content” of texts or images of propaganda materials may be analyzed in cases such as defamation, offense to democratic institutions, call for disorder or incitement to hatred.
“Thus, the broad domain of protection of freedom of expression will have its limits when it may call into question the essential content of another right or intolerably affect social morality or the fundamental values and principles of the constitutional order”, understands the CNE in its deliberation.
Eight gypsy associations announced that they will file a complaint with the MP and are considering taking precautionary measures so that they can be removed. The PS also asked the MP to intervene to apply possible sanctions.
The candidate for President of the Republic and leader of Chega, André Ventura, refused this Tuesday to remove the posters, arguing that his freedom of expression is at stake.
Commission against Discrimination forwarded three complaints against posters to the MP
The Commission for Equality and Against Racial Discrimination (CICDR) received three complaints about the posters of presidential candidate André Ventura, which it forwarded to the Public Ministry.
“We have three complaints and they were sent to the Public Ministry because I understood that they could constitute the commission of a crime”, said Isabel Rodrigues, president of the organization, to the Lusa agency, pointing out that the CICDR does not have the competence to deal with matters of a criminal nature.
At issue are posters by Chega’s presidential candidate, André Ventura, with messages targeting specific communities, including one that reads “Gypsies must comply with the law” or another that states “This is not Bangladesh”, which began to be placed on public roads at the end of last week.
The former socialist deputy said that complaints were filed by citizens on Monday and Tuesday and forwarded on Tuesday to the Attorney General of the Republic.
“It is not up to me to determine whether or not there is a criminal matter, but considering the possibility that it exists because it constitutes the crime provided for in article 240, I understood that I should refer it to the Attorney General of the Republic so that, within the scope of his powers, he can assess the matter”, explained Isabel Rodrigues.
Article 240 of the Penal Code concerns discrimination and incitement to hatred and violence and targets, for example, anyone who “founds or sets up an organization or carries out propaganda activities that incite or encourage discrimination, hatred or violence against a person or group of people based on their ethnic-racial origin, national or religious origin, color, nationality, ancestry, territory of origin, religion, language, sex, sexual orientation, gender identity or expression or sexual characteristics, physical disability or psychic.”
The president of the CICDR said, on the other hand, that if the Assembly of the Republic had already regulated the law that supports the organization and it had functioning services, the CICDR could also “assess whether there is a matter of administrative offence”.
According to Isabel Rodrigues, this is not possible, since the CICDR “does not have the capacity to process administrative offenses because the president can only determine the opening of the process. Instruction is, under the law, the responsibility of the services and the services are not installed due to lack of legal regulation”.
The official also admitted that CICDR regulation will not happen for now, as the Assembly of the Republic is discussing the State Budget for 2026.