Montenegro downplays unfavorable court ruling against Chega posters

The president of the PSD today downplayed the court's unfavorable decision on the precautionary measure he filed against Chega posters that associated him with José Sócrates, claiming that time had caused it to lose its useful effect.

In its decision, the court dismissed the precautionary measure filed by the social democrats to remove these Chega posters, invoking the prevalence of the right to freedom of expression.

Speaking to journalists in Porto de Mós, the leader of the AD – PSD/CDS coalition maintained the thesis that, from his point of view, Chega's actions, with the dissemination of these posters that associated him with the former socialist prime minister, “was a political action that exceeds freedom of expression and healthy divergence of opinion”.

“The court did not understand it that way – and that must be respected,” he declared.

Luís Montenegro then referred to the consequences of whatever the court's decision might be.

“It is also true that the time that elapsed between the filing of the precautionary measure and the decision was such that it no longer had much useful effect,” he pointed out.

In the action filed with the Civil Court of Lisbon on March 14, the PSD requested that Chega remove the posters, claiming that the content is “shameful” and “defamatory” for placing it side by side with a former government official involved in legal proceedings for corruption.

The Lisbon District Court, however, refused Luís Montenegro's request to remove the Chega posters.

In the decision, which Lusa had access to, the Lisbon District Court rejected the precautionary measure presented by the Prime Minister because “the right to freedom of expression” was at stake.

“In this context of political dispute and public debate” and in which “the choice of political decision-makers” is at stake, with Luís Montenegro as the candidate and leader of a political party and Chega as the competing political party, it is necessary to conclude, “since the exercise of the right to freedom of expression is at stake, there is no illegality and the rights invoked by Luís Montenegro do not prevail”, states the decision.

The court also considers that the posters do not directly associate Luís Montenegro, who is also a candidate for the AD (PSD/CDS) in the legislative elections, with the “practice of any act likely to constitute the crime of corruption”, “nor does it state that he is corrupt”, despite the image “of a former prime minister who, despite being a defendant in criminal proceedings, benefits from the presumption of innocence”.

“The phrase on the posters – 50 years of corruption” -, followed by “it is time to say enough” and “Vote Enough”, also does not authorize the conclusion that the defendant directly attributes to the claimant the practice of any unlawful act, given that, naturally, none of those portrayed, due to the length of time they have held political office, could be responsible for the association that is made between corruption and the years of democracy”, reads the decision.

The court also understands that in the posters Chega associates Luís Montenegro, as leader of a party, “with corruption”, but this association, although displeasing to the Prime Minister, “does not contain any imputation of criminal acts, but rather a value judgment regarding the political responsibility of those who led a government, in a democracy”.

Speaking to journalists at the start of a protest in Viana do Castelo, André Ventura made a point of talking about the matter, considering that the court's decision constituted a “victory for Chega” and for freedom of expression, and “a defeat” for the Prime Minister.