Romania

[RO] Information Obligation

IRIS 2003-5:1/17

Mariana Stoican

Journalist, Bucharest

In future, whenever the Consiliul Na tionalal al Audiovizualului (Romanian National Audiovisual Council - CNA) reprimands or sanctions a TV or radio broadcaster, the broadcaster concerned will be obliged, according to CNA Decision No. 52/2003, to provide its viewers or listeners with accurate, prompt information about the reason for and form of the punishment. In the case of TV broadcasters, a statement must be broadcast within 24 hours of the decision being announced by the CNA, at least three times between 6 pm and 10 pm and at least once in a main news bulletin. Sanctioned radio broadcasters must also broadcast a similar statement to their listeners within 24 hours of the CNA decision being announced, at least three times between 6 am and 2 pm and at least once in a main news bulletin. In accordance with Article 91 of Audiovisual Act No. 504/2002, failure to comply with these regulations may result in the CNA imposing fines of between ROL 25,000,000 and ROL 250,000,000 (approx. EUR 683.86 and EUR 6,838.64).

CNA Decision No. 52/2003 revokes Decision No. 135/1999, published in Official Gazette No. 207 of 11 May 2000.

One of the first TV broadcasters to be affected by the new rule was the commercial channel "PRIMA TV", which received an official warning (soma tie publica, similar to , the French sommation publique) from the CNA because programmes from the Big Brother series broadcast after Radio Romania International 10.30 pm between 28 and 31 March and from 1 to 3 April 2003 contained discussions of a sexually explicit nature, including numerous obscene expressions and gestures and imitation of sexual acts. As stated in the CNA Communiqué of 9 April 2003, the broadcast of this programme infringed the provisions of CNA Decision No. 57/2003 on the protection of minors.