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Specialist Guide to the

Global Leaders in Media Law Practice

Digital transformation and innovation:

The COVID-19 pandemic accelerated the digitalisation of media consumption and production, as well as the adoption of new technologies and platforms, such as streaming, podcasts, social media, artificial intelligence, and blockchain.

These trends are likely to continue and intensify in Portugal during 2023-24, as media outlets and consumers seek more convenience, diversity, interactivity, and personalization.

However, digital transformation also poses legal challenges and risks, such as cybersecurity, data protection, disinformation, and digital divide. Therefore, media regulation and self-regulation will need to adapt and balance the promotion of innovation and competition with the protection of public interest and fundamental rights.

Digital Services Act, for example, by setting clear and proportionate rules, protects consumers and their fundamental rights online, whilst fostering innovation, growth and competitiveness, and facilitating the scaling up of smaller platforms, SMEs and start-ups. The responsibilities of users, platforms and public authorities are rebalanced according to European values.

Media pluralism and sustainability

The media sector has been facing financial and structural difficulties for several years, due to the decline of traditional advertising revenues, the concentration of online advertising in global platforms, the fragmentation of audiences, and the competition from foreign and digital players.

In 2023-24, media pluralism and sustainability will remain a key issue, as media outlets will need to find new sources of income, such as subscriptions, donations, partnerships, or public service contracts, and to diversify their content and formats, while maintaining their editorial independence and quality.

In addition to this, media pluralism and sustainability will also depend on the support and participation of the public authorities, civil society and the media consumers, who will need to recognise and value the role of media as a pillar of democracy as well as a provider of reliable information and diverse opinions.

Media literacy and accountability

The proliferation and diversification of media sources and platforms, as well as the emergence and spread of disinformation, misinformation, and hate speech, have increased the need and demand for media literacy and accountability.

Media literacy refers to the ability and skills of media consumers to access, analyze, evaluate, and create media content, as well as to recognize and resist manipulation, bias, and propaganda. Media accountability refers to the mechanisms and practices of media outlets and professionals to ensure and demonstrate their adherence to ethical and professional standards, as well as to respond to feedback, criticism, and complaints from the public and the regulators.

In 2023-24, media literacy and accountability, in our perspective, will be essential for enhancing the trust and credibility of media, as well as for empowering and engaging media consumers as active and critical citizens.

Therefore, media literacy and accountability will require the collaboration and coordination of various actors, such as media outlets, journalists, educators, researchers, regulators, policymakers, and civil society organisations. This is definitely a challenge for business.

TIER 1

CCA Law Firm represents leading press groups, television cable networks and advertising agencies. The practice is widely recognised as a specialist in the area of media law with experience advising on compliance, regulation and corporate transactions. Lawyers litigate in multiple cases of freedom of speech and freedom of information. The team acts for clients including Cofina, Netflix and Havas.

The media team at Cuatrecasas acts for entertainment companies, television networks and music recording studios. Clients describe the team as “very professional, efficient and with in-depth knowledge of the law and the industry”. Lawyers are noted for their work on IP, media and data protection division.

PLMJ acts for investors and operators active in the media and technology sectors. Advice covers regulation of electronic communication, television and social media and software acquisition and licensing. Other areas of expertise include intellectual property and sports law. The team’s work includes arbitration of sports disputes, drafting of institutional regulations and contractual work.

Lawyers at Vieira de Almeida are well regarded for their knowledge of regulation and digital media. The practice has a combined focus on entertainment, advertising, technology and social media. In highlighted work lawyers assisted clients with media regulatory issues connected with the production of television shows in Portugal, licensing agreements and copyright.

TIER 2

Sports law expert Abreu Advogados is a popular choice among local and international clients. The team has broad-ranging experience advising on sports corporate law, labour law, intellectual property and tax law. The practice is highly regarded for its work on sports law and intellectual property.

CMS acts for broadcast clients on communication agreements, data protection and copyright. Other areas of focus include advertising, marketing and sponsorships. The team routinely advises on regulation and competition, technological development and licensing.

Morais Leitão, Galvão Teles, Soares da Silva & Associados provides a broad range of services that are integrated with corporate, commercial and financial practice areas. The team is highlighted by competitors for its detailed knowledge of press freedom, privacy and image rights and data protection. Lawyers also advise on complex misleading and comparative advertising.

Sérvulo specialises in litigation and arbitration, regulatory compliance and sector-related corporate work. The practice works on a broad range of issues connected with the audio-visual and advertising sectors. Lawyers advise on freedom of expression, defamation, confidentiality violation and cases of false and comparative advertising.

With two decades of TMT focus, SRS Legal has built a leading practice that is popular among broadcast and sports clients. According to one client “The firm and its partners have the ability to set a profound link between the legal framework and its practical application, mainly in an extremely competitive business environment.” The team has extensive experience working with industry clients including NOS, Kantar Group and Sportfive.

TIER 3

Caiado Guerreiro advises several national and international television networks and telecommunications operators. The firm’s work includes advice on licensing and start-up operations. The media team also assists with contractual matters and negotiations with the authorities.

DLA Piper ABBC combines media with marketing and intellectual property. The team focusses on copyright and licensing, advertising and marketing and on image rights, freedom of press and respective limitations and boundaries. The firm also specialises in sports law representing athletes, associations of sports agents, federations and promoters of sports events.

Pbbr has a solid position in the market and is praised by clients and peers alike. According to one client, “The firm is extremely cooperative and responsive. Lawyers provide excellent and competent advice”. Clients highlight lawyers for providing “practical advice with excellent quality.” The team advised on the launch of local streaming businesses, on digital media regulation and on advertising campaigns. The practice also has a particular focus on IT and IP with wider emphasis on franchising, distribution and unfair competition.

Macedo Vitorino is known for its regulatory, competition and merger and acquisition advice. The firm’s traditional focus on the telecommunications sector makes it a popular choice for clients offering converged services. The legal team advises on corporate finance deals and multi-jurisdictional asset deals within the TMT sector.

TIER 4

Alves Pereira & Teixeira de Sousa’s media and advertising specialisation has existed almost as long as the firm, which was established in 1990. The team acts for production companies, advertisers and media purchase agencies on contractual matters, statutory and regulatory requirements and intellectual property. Lawyers also represent clients in administrative proceedings.

Albuquerque Almeida specialises in copyright law, telecommunications and IT. The firm’s IP team advises on commercial matters, international contracts, in and out of court cases of unfair competition. Lawyers also assist with joint ventures and strategic cooperation agreements within the TMT sector.

With a sports and entertainment focus, Miranda is appointed by related clients in a range of broad cases. The team advises on competition issues resulting from regulatory and commercial restrictions, transfer systems and sports regulations, image rights and broadcasting rights.

Uría Menéndez - Proença de Carvalho specialises in broadcast regulation and transactional advice. The firm acts for television, radio and press clients on the sale and purchase of media companies, public tenders and the transfer of radio and television licenses and concessions. The team is noted for its advice on sports law, sponsorships and events.

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