Defamation and Online Harassment Laws in Portugal

Portuguese defamation law is written into codes rather than built from case law. Article 26 of the Constitution recognizes everyone's right to their good name and reputation, their image and the privacy of their personal and family life. The Civil Code protects personality rights in general (Article 70) and makes anyone who states or spreads a fact capable of harming another person's credit or good name liable for the damage caused (Article 484), while the Criminal Code defines the offenses of difamação (Article 180) and injúria (Article 181).

Sources1Constitution of the Portuguese Republic, Article 262Civil Code (Decree-Law 47344/66), Articles 70 and 4843Criminal Code (Decree-Law 48/95), Articles 180 and 181

Difamação, meaning telling third parties a fact or opinion that offends another person's honor, even as a suspicion, or repeating such a statement, carries up to six months in prison or a fine (Article 180), and injúria, meaning offending the person directly, carries up to three months or a fine (Article 181). Penalties rise by a third when the offense is committed in a way that makes it easy to spread or when the author knew the accusation was false, and reach up to two years in prison or a fine when committed through the media (Article 183). As a rule, these cases go ahead only through a private prosecution brought by the offended person (Article 188).

Source3Criminal Code (Decree-Law 48/95), Articles 180, 181, 183 and 188

Portuguese law treats written, spoken and image-based defamation the same way (Criminal Code, Article 182). A civil claim for damages generally must be brought within three years from when the person learned they had a right to compensation, but a longer period applies if the conduct is a crime with a longer limitation period (Civil Code, Article 498). For the criminal route, the right to file a complaint expires six months after the victim learned of the facts and who was responsible (Criminal Code, Article 115).

Sources2Civil Code (Decree-Law 47344/66), Article 4983Criminal Code (Decree-Law 48/95), Articles 115 and 182

Instead of the common law idea of defamation per se, the Civil Code uses a general rule: a person who states or spreads a fact capable of harming someone's credit or good name is liable for the damage caused (Article 484). Courts award compensation for non-financial harm when it is serious enough to deserve legal protection, and they set the amount on an equitable basis (Article 496).

Source2Civil Code (Decree-Law 47344/66), Articles 484 and 496

The Constitution guarantees a right of reply and correction (Article 37.4). Under the Press Law, anyone referred to in a periodical, even indirectly, in a way that could affect their reputation can send a reply, and anyone affected by false or mistaken factual references can demand a correction, within 30 days of publication for daily and weekly publications or 60 days for less frequent ones; the publication must print it free of charge, in the same section and with the same prominence as the original piece. If the reply is not published or is refused without good reason, the person has 10 days to ask a court to order publication. In criminal cases, the court waives the penalty if the accused gives explanations in court that the offended person accepts as satisfactory (Criminal Code, Article 186).

Sources1Constitution of the Portuguese Republic, Article 37.44Press Law (Law 2/99), Articles 24 to 273Criminal Code (Decree-Law 48/95), Article 186

Freedom of expression and information (Article 37) and the right to a good name (Article 26) both have constitutional status, and offenses committed while exercising free expression remain subject to the general criminal law (Article 37.3). Under the Criminal Code, an accusation is not punishable when it was made to pursue a legitimate interest and the author proves it is true or had serious grounds to believe it in good faith; good faith requires having checked the facts as the circumstances demanded, and as a general rule this defense does not cover facts about a person's intimate private or family life (Article 180.2 to 180.4). Penalties increase by half when the victim is one of certain officials or professionals, such as judges, police officers, teachers or journalists, targeted in or because of their work (Article 184).

Sources1Constitution of the Portuguese Republic, Articles 26 and 373Criminal Code (Decree-Law 48/95), Articles 132.2(l), 180 and 184

Article 154-A of the Criminal Code makes it a crime to repeatedly pursue or harass another person by any means, directly or indirectly, in a way likely to cause fear or unease or to limit their freedom. The penalty is up to three years in prison or a fine, and courts can also bar contact with the victim for six months to three years. Prosecution requires a complaint from the victim.

Source3Criminal Code (Decree-Law 48/95), Article 154-A

The stalking offense in Article 154-A of the Criminal Code applies to harassment carried out by any means, so it can cover online conduct. Defamatory or insulting posts fall under the general defamation offenses, which apply equally to statements made in writing, images or any other form of expression (Article 182), with higher penalties when the offense is committed in a way that makes it easy to spread (Article 183).

Source3Criminal Code (Decree-Law 48/95), Articles 154-A, 182 and 183

Portuguese law does not use the term doxxing, but Article 192.1(d) of the Criminal Code punishes disclosing facts about another person's private life or serious illness without consent and with the intent to intrude on their privacy, with up to three years in prison or a fine, unless the disclosure is an appropriate way to serve a legitimate and relevant public interest (Article 192.2). Portugal's data protection law also states that freedom of expression does not justify disclosing personal data such as home addresses and contact details, except those that are widely known (Law 58/2019, Article 24.4).

Sources3Criminal Code (Decree-Law 48/95), Article 1925Law 58/2019 on the Protection of Personal Data, Article 24

Since a 2023 amendment (Law 26/2023), Article 193 of the Criminal Code punishes anyone who, without consent, spreads or helps spread images, photos or recordings that intrude on a person's private life, especially their family or sexual intimacy, through the media, the internet or other wide public channels, with up to five years in prison. Taking or sharing images of a person without consent and with intent to intrude on their private life is also covered by Article 192.1(b), and in domestic violence cases, spreading intimate images or sound of the victim online raises the penalty to two to five years (Article 152.2(b)). Prosecution generally requires a complaint, except under Article 193 when the crime leads to the victim's suicide or death or when the victim's interest calls for it (Article 198).

Source3Criminal Code (Decree-Law 48/95), Articles 152, 192, 193 and 198