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IRIS 2022-8:1/25 [RO] Promulgation of the modified audiovisual and cinematography legislation

On 28 June 2022, the President of Romania, Klaus Iohannis, promulgated the Law for the amendment and completion of the Audiovisual Law no. 504/2002; the amendment and completion of the Government Ordinance no. 39/2005 on cinematography; as well as the amendment of Law no. 41/1994 regarding the organisation and operation of the Romanian Radio Broadcasting Company and the Romanian Television Company (see inter alia IRIS 2013-6/28, IRIS 2017-1/30, IRIS 2017-2/27, IRIS 2017-7/28, IRIS 2018-6/30, IRIS 2018-8/36, IRIS 2018-10/22, IRIS 2018-10/23, IRIS 2019-1/31, IRIS 2019-2/21, IRIS 2019-4/29, IRIS 2019-5/22...

IRIS 2022-7:1/19 European Court of Human Rights: Pretorian v. Romania

The European Court of Human Rights (ECtHR) has found no violation of Article 10 (freedom of expression) of the European Convention on Human Rights (ECHR) in a case concerning a civil judgment against an editor-in chief, for publishing articles, in both the printed version and the online edition of a weekly magazine, in which he defamed a politician. The ECtHR found that the domestic courts had correctly applied the criteria in balancing the rights of privacy and reputation under Article 8 and the right to freedom of expression under Article 10 ECHR. In particular, the ECtHR referred to the...

IRIS 2022-5:1/15 [RO] Sanctions in the context of the war in Ukraine

The Consiliul Naţional al Audiovizualului (National Audiovisual Council – CNA) has issued further sanctions on media outlets which have not observed the legal framework in connection to the war in Ukraine (for previous similar decisions, see inter alia IRIS 2012-4/36, IRIS 2017-6/27, IRIS 2019-8/35). Additional radio and TV stations have also been fined or received summons for breaches of the audiovisual legislation with relation to their coverage of the war in Ukraine. Gold FM commercial radio station was fined on three occasions with a total of RON 160 000 (EUR 32,320) for failing...

IRIS 2022-4:1/19 European Court of Human Rights: I.V.Ț. v. Romania

The European Court of Human Rights (ECtHR) has delivered a judgment on the protection of minors when giving an interview on television, without parental consent. It found that the domestic courts had failed to protect a young girl’s private life as guaranteed by Article 8 of the European Convention on Human Rights (ECHR), emphasising the particular vulnerability of young people in such a context and the lack of prior consent by parents, relatives or teachers. In particular, the ECtHR came to the conclusion that the domestic courts had only superficially balanced the young girl’s...

IRIS 2022-2:1/12 [RO] Modification of the audiovisual and cinematography legislation

The Chamber of Deputies (lower chamber of the Romanian Parliament) adopted on 7 December 2021 the Draft Law for the amendment and completion of the Audiovisual Law no. 504/2002, and the amendment and completion of the Government Ordinance no. 39/2005 on cinematography (see inter alia IRIS 2013-6/28, IRIS 2017-1/30, IRIS 2017-2/27, IRIS 2017-7/28, IRIS 2018-6/30, IRIS 2018-8/36, IRIS 2018-10/22, IRIS 2018-10/23, IRIS 2019-1/31, IRIS 2019-2/21, IRIS 2019-4/29, and IRIS 2019-5/22). The Draft law was sent to the Senate (upper chamber) whose decision will be final. The project aims at transposing...