Marcelo asks the TC to inspect article 6 of the Bill of Rights in the Digital Age – ZAP


Hugo Delgado / Lusa

The President of the Republic, Marcelo Rebelo de Sousa

The President of the Republic asked, this Thursday, the Constitutional Court successive inspection of article 6 of the Portuguese Charter of Human Rights in the Digital Age in force, taking into account the “important public debate” on its content.

This decision by Marcelo Rebelo de Sousa was announced in a note on the official website of the Presidency of the Republic, published this Thursday. “The President of the Republic decided to submit the successive review of constitutionality, the provisions of article 6 of Law No. 27/2021, of 17 May, which approved the Portuguese Charter for Human Rights in the Digital Age.”

“In fact, recent jurisprudence of the Constitutional Court reflects an increasingly marked and strict concern regarding the need for greater densification and determinability of concepts with reflexes in matters of Rights, Freedoms and Guarantees, as, again, it was verified a few days ago , in the Constitutional Court Judgment No. 474/2021, published in the Diário da República No. 142/2021, Series I, of July 23, 2021, concerning the right to self-determination of gender identity and gender expression and to protection of the sexual characteristics of each person”, explains the note.

“On the other hand, a important public debate on the content and modalities of application of the aforementioned provisions of Law No. 27/2021, of May 17, debate with reflection in the Assembly of the Republic itself, which had approved this Law, by a very large majority and without votes against, and it had not been until now repealed – as it was even proposed – or altered, the content of article 6, which had generated much of the controversy that took place in that debate. In these terms, the President of the Republic today delivered to the Constitutional Court the application, attached, prompting the successive review of constitutionality, of the provisions of article 6 of that Law”, he concludes.

On Wednesday, on TVI24’s “Circulature of the Square”, the head of state had already revealed that was inclined to ask the Constitutional for the successive inspection of article 6 of this law in force, concerning the “right to protection against misinformation”, which Initiative Liberal and CDS-PP meanwhile proposed to revoke, but without success.

During the heated debate in Parliament, liberals accused the PS of wanting to “control political discourse online” and asserted that Article 6 “open the door to censorship and self-censorship”.