PortugalCDADC Article 188.º-A, Press Publisher Online Rights
In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
- Categories
- Linking framing, Snippet reproduction
What it requires
- If you are an information-society service provider, obtain the authorisation of a press publisher established in an EU member state before reproducing, communicating to the public or making available online the whole or part of its press publications (art. 188.º-A(1)).NIST AI RMFMAP 4.1
- You need no authorisation for a private, non-commercial use by an individual, the establishment of a hyperlink, or the use of isolated terms or very short extracts of a press publication (art. 188.º-A(2)).
- The right lapses two years after the press publication's first publication (art. 183.º(6)), and does not apply to a press publication first published before (decree art. 14.º).
- Give a press publisher, or the collective management body that represents it, relevant and reliable information on your users' uses of its press publications, to the extent reasonable, necessary and proportionate (art. 188.º-B(3)).no control in the NIST AI RMF
These lines are LexLint's reading of the law's text. Also read by: Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Open questions
- Does a headline with a snippet of a given length fall within 'excertos muito curtos de publicações de imprensa' in o artigo 188.º-A, n.º 2, alínea c) do CDADC, when the code sets no length?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'reprodução, comunicação ao público ou colocação à disposição do público, total ou parcial' in o artigo 188.º-A, n.º 1, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publisher established in an EU member state holds the exclusive right to authorize, itself or through its representatives, an information-society service provider's reproduction, communication to the public, or making available of the whole or part of its press publications online, per CDADC Article 188.º-A(1).
That right does not reach a private, non-commercial use by an individual, the establishment of a hyperlink, or the use of isolated terms or very short extracts of a press publication, per Article 188.º-A(2). The right lapses two years after the press publication's first publication, per Article 183.º(6), and does not apply to a press publication first published before , per the decree's own Article 14.º.
Information-society service providers must give press publishers, or the collective management bodies that represent them, relevant and reliable information on their users' uses of the publishers' press publications, to the extent reasonable, necessary and proportionate, per Article 188.º-B(3).
Disputes between press publishers and information-society service providers over the right are subject to necessary arbitration where the publisher expressly opts to submit them to the arbitration centre referred to in Article 8.º of the decree, per Article 188.º-A(8).
When LexLint raises it
When your app profile says your app reuses other publishers' content.
Back to the example · Lint your app
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