Romania

[RO] Electronic Media Bill - Fight Against Cybercrime Stepped Up

IRIS 2002-6:1/24

Mariana Stoican

Journalist, Bucharest

In accordance with a Bill tabled in May 2002, the current Legea Audiovizualului Nr. 48 din 21 mai 1992, modificata prin OUG 48/1999, aprobata, modificata si completata prin Legea Nr. 145 din 26 iulie 2000 (Act no.48 of 21 May 1992 on the activities of the electronic media in Romania) is to be replaced.

Act no.48 has been amended many times over the last few years and the new legislation will incorporate the provisions of the relevant EC Directives more effectively. According to the Bill, the Consiliul National al Audiovizualului (National Audiovisual Council - CNA) will have exclusive responsibility for monitoring programme content in broadcasting. The CNA currently comprises 11 members and is controlled by Parliament. Three members are appointed by the Senate, three by the Parliament, two by the Romanian President and three by the Government. Only the CNA is and shall continue to be authorised to allocate licences for electronic media providers. However, a second "broadcasting licence" (relating to programme frequencies) is to be introduced and allocated by a new body known as the Autoritatea de Reglementare in Comunicatii (regulatory authority for communication). These licences will be valid for nine years. The Bill also states that the CNA should be allowed, together with the new regulatory authority, to organise a public invitation for tenders every four years in order to establish an institution specialising in the establishment of viewer/listener figures and entrusted with the task of calculating market shares in the electronic media sector. The Bill also requires that European productions should account for the majority ("o proportie majoritara") of broadcasting time. Advertising spots and teleshopping should not exceed 12 minutes per hour for private TV stations, while no more than 8 minutes per hour of public service TV may be devoted to advertising. In addition, public service TV will only be allowed to broadcast advertising between programmes and not, for example, in the middle of films.