Decreto-Lei n.º 61/97, de 25 de Março de 1997
Decreto-Lei n.º 61/97 de 25 de Março A inserção da publicidade na televisão tem vindo a fazer-se cada vez mais por via do recurso a frequentes e a aleatórias interrupções da programação, de que resulta uma intolerável agressão para os consumidorese um manifesto prejuízo para a integridade dos programas, emissões desportivas, manifestações, espectáculos ou obras áudio-visuais transmitidos.
Por outro lado, é certo também que estes expedientes têm provocado uma relativa banalização da mensagem publicitária que prejudica os interesses dos próprios anunciantes, para além de ter efeitos perversos no equilíbrio da distribuição de receitas publicitárias pelos diferentes suportes.
Sucede que, ao menos em parte, esta situação se tem consolidado ao abrigo de certas interpretações, frequentemente abusivas, do disposto no n.º 2 do artigo 3.º do Decreto-Lei n.º 330/90, de 23 de Outubro, que aprova o Código da Publicidade. Na verdade, esse preceito excepciona do âmbito de aplicação de algumas normas sobre inserção de publicidade na televisão as 'emissões exclusivamente destinadas ao território nacional e que não possam ser captadas, directa ou indirectamente, em outro ou outros Estados membros das Comunidades Europeias'.
Não devendo prevalecer as razões que levaram à consagração desta excepção, aliás sem expressivo alcance prático entre nós, e sendo...
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