The Regulatory Entity for Social Communication (ERC) has decided to archive the case filed against TVI television station, following statements made about Miss Portugal 2023, Marina Machete, by commentator Miguel Sousa Tavares and José Alberto Carvalho, in the October 26th edition 2023 of Jornal Nacional, for having considered that the statements fell within the scope of "the exercise of freedom of expression and opinion".

"Although Miguel Sousa Tavares' comment may have been perceived as offensive, especially towards the target (who did not file a complaint with this regulatory entity), from a regulatory point of view, it is considered that it does not exceed the limits of freedom of expression, nor does it constitute a situation that could be identified as hate speech or an appeal to hate and/or violence, which would lead to the media being held responsible", according to Jornal de Notícias.

Because of this, the ERC archived "the procedure, considering that the statements made by the commentator fall within the scope of the exercise of freedom of expression and opinion".

In total, the regulator indicated that it had received 40 complaints against TVI, between October 26 and November 15, 2023, one of which was forwarded by the Commission for Citizenship and Gender Equality (CIG).

"Considering the global participation of citizens, accusations of transphobia, prejudice, sexism, machismo, discrimination, hate speech, offensive and humiliating treatment of Marina Machete, the winning candidate, and violation of the Constitution of the Portuguese Republic, especially Law no. .º 38/2018 of August 7, [...] which establishes the right to self-determination of gender identity and gender expression and the right to the protection of each person's sexual characteristics.

The case related to comments made by the presenters regarding Miss Portugal being transgender.

"I don't think it's legitimate for a transsexual to compete in female beauty contests, just as I don't think it's legitimate for them to compete in female sporting competitions, because it violates the rules of the game, it's cheating," said Miguel Sousa Tavares at the time.

Marina Machete also addressed the comments, during an interview on a SIC program, in which she confessed to being "disappointed".

"I was disappointed above all because I expected more. But I think it's a positive step to show the work that still needs to be done from now on, and I think that work is being done," she said.

Miss Portugal 2023 noted, however, that "we know that this will always happen with any subject, and especially with a subject as controversial as transsexuality".

"It's about continuing these conversations and being able to demystify that our existence is valid and that it also has to be celebrated".

The ERC also highlighted that José Alberto Carvalho "issued a statement and apology, addressed to Marina Machete, her family and friends, and the general public, in the October 30, 2023 edition of Jornal Nacional, on the first occasion in which the journalist was on air after his comment in question".