[RO] Act on Election Reporting in the Electronic Media

IRIS 2005-1:1/34

Mariana Stoican

Journalist, Bucharest

The presentation in the electronic media of the parties and candidates in general and presidential elections in Romania is regulated by Acts 370/2004 and 373/2004. Compliance with these provisions is monitored by the Consiliul Na tional al Audiovizualului (National Audiovisual Council - CNA ) and any violation is punished by a warning or fine. Article 55.2 of the Legea pentru alegerea Camerei Deputa tilor si a Senatului (Act 373/2004) stipulates , that everyone is entitled to express their opinions freely, including during election campaigns, provided the means used do not infringe the law (Art. 55.3). Any kind of commercial election propaganda is prohibited in print media and in broadcasting (Art. 55.4 of Act 373/2004). According to Article 56 of the Act, the election campaign in public and private broadcasting must serve the electorate's right to accurate information. It must also serve the interest of the political parties and individual candidates to publicise themselves and the broadcasters' need to fulfil their journalistic role. Under the terms of Article 56.2 of Act 373/2004, public and private broadcasters are obliged to provide fair, balanced and accurate election propaganda for all participants. Act 373 also states in Article 57.1 that, during election campaigns, candidates may only appear in the electronic media in three types of programme: election broadcasts, news programmes and debates on election issues. Political parties, political and election alliances and independent candidates are guaranteed access to public broadcasting services and, according to Article 58 of Act 378, such access is free of charge under the conditions set out therein.


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.