Romania

[RO] CNA Decision on the Right of Reply and Correction

IRIS 2002-10:1/23

Mariana Stoican

Journalist, Bucharest

On 14 October 2002, in accordance with the provisions of the new Romanian Audiovisual Act (Legea audiovizualului), the Consiliul Na tional al Audiovizualului (National Audiovisual Council - CNA) adopted Decision no.114 on the right of reply and correction in broadcasting. The Decision also amends the time-period within which a natural or legal person can exercise their right to reply or correction. Article 4.3, for example, states that persons whose rights are infringed through false reporting or the transmission of inaccurate information may demand a review of the programme concerned up to 20 days after it was broadcast. As required by Article 15, such an application must be submitted no later than 20 days after the broadcast. If it is rejected, the applicant may appeal to the CNA up to 15 days after receiving the broadcaster's reply (denial).

Breaches of the provisions of this Decision shall be punished in accordance with Articles 90 and 91 of Audiovisual Act no. 504/2002. When this Decision enters into force (on the day it is published in the Official Gazette), it will replace CNA Decision no.43/2001 (published in Monitorul Oficial no. 238 of 10 May 2001).

The CNA press release of 14 October 2002 explains that the rules governing the right to reply and correction in no way exclude the possibility of a person instigating legal proceedings if they believe their legitimate interests have been infringed.