For those of us coming from countries like Canada, we assume that Europe has similar freedom of speech laws. In reality, Portugal’s legal landscape does not protect “freedom of thought, belief, opinion and expression” that we are afforded under the Canadian Charter of Rights and Freedoms, at least not in the same way. Laws and cultures are different here, and for historical reasons, strike a different balance between honour and freedom of expression.
In Canada, if you make a public statement that is true, you cannot be prosecuted, it is a Charter Right
In Portugal, you may be prosecuted under Article 180 (Defamation) and Article 181 (Injury) of the Portuguese Penal Code for harming the honour of a person, business, or government agency, even if the statement is completely factual.
In addition, these laws can be applied in both civil and criminal court. Civil suits often seek egregious and punitive monetary compensation for “moral damages”, while criminal suits can lead to prison sentences. Yes, you can go to a Portuguese prison for saying something that harms the reputation of a Portuguese individual, business, or government, even if it is true!
A chilling effect on independent journalism
There are many recent cases of journalists who have been financially and professionally ruined and/or served jail sentences for reporting on misconduct or even criticizing government officials. The only recourse for these journalists is to appeal to the EU Court of Human Rights.
For example, in 2007, French journalists from the well known paper Le Monde were convicted of defamation for breaking a story on the Portuguese President at that time. They naively argued in Portuguese court that their report was accurate, yet Portuguese courts held them liable. The journalists appealed EU Court of Human Rights, and won their appeal. In it’s ruling, the European court emphasized the role of a free press in a democratic society, and that public figures must tolerate greater public scrutiny. There are many cases like this every year, including this year, but for brevity’s sake I will not list them. I only provide one case as an example.
The Lure of Sirens’ Song
I was lured to Portugal by a barrage of social media influencers talking about finding their personal nirvana by moving to Portugal, bolstered by a plethora of “relocation experts” and fly by night “immigration lawyers” and “real-estate agents” offering relocation help. In my personal experience, I have been scammed by more than a few individuals with snazzy websites. However, due to these defamation laws, I am afraid to speak out and name names and specifics.
Never pay money upfront for anything. Once these scammers have your money, they will ghost you, and you have no legal recourse. The laws regarding who can call themselves a lawyer and who can call themselves a real estate agent are also wildly different here than in Canada, and the justice system is broken.
In the end, if you want something done right, you do it yourself, and stay clear of the “Portugal is paradise” influencers. But one cannot confront them publicly by name for spreading misinformation and taking advantage of foreigners because of these laws. If it seems too good to be true, it probably is.
I share this information for three reasons:
- In the public interest for new arrivals to Portugal who believe that they can speak freely on social media or other media. Portugal is not Canada. the truth will not protect you from a civil or criminal litigation, nor will your Canadian citizenship protect you. Be careful what you say online.
- To make Canadians abroad aware that the information they may be reading or watching about Portugal online are often not balanced. For example, a relocation firm may promise the world and have a lot of good reviews, but the lack of bad reviews means nothing here. One simply cannot leave a bad review in many cases. Any long time resident will notice that bad reviews just magically disappear, and the most terrible restaurants have a 5 star rating. Buyer beware!
- To excuse the fact that I may make vague generalizations on this site without citing sources or speaking to specifics. I do this to protect myself from these laws, not because I do not have very specific sources to share.
In closing
In closing, Canada and Portugal both score above 8 in the Economist’s Democracy Index, and both score an equally high 8.82 on Civil Liberties, making both countries full democracies, including regarding freedom of the press. In contrast, the United States now scores less than 8 and dropping, and is now rated a flawed democracy, not a full democracy like Canada and Portugal. As a Canadian, you have nothing to fear from living in Portugal, but there are always “gotchas”, and Portugal’s defamation laws are a big one. Take care.