Romania

[RO] Local Programmes and Rebroadcasting

IRIS 2006-2:1/30

Mariana Stoican

Journalist, Bucharest

Decision No. 654 of 22 November 2005 of the Romanian National Supervisory Authority for Electronic Media (Decizia CNA nr. 654 privind difuzarea programelor locale şi a programelor retransmise) is designed to create a balance between the programmes offered by national, local and regional broadcasters, as well as better regard for the right of local communities to relevant information about current socio-economic, cultural and political affairs. Art. 1 a of the decision defines “local programmes” as news programmes, reports, interviews and debates concerning current events in the life of the community covered by the broadcasting service. Art. 1 b defines "rebroadcasting" as “the recording and simultaneous transmission to the public of whole broadcasting programmes or a significant proportion thereof, without alteration”.

Art. 2 (1) provides that broadcasters which transmit TV channels in cities with more than 250,000 inhabitants may apply for an exemption from the duty to produce and broadcast a local programme. They may do so on condition that they rebroadcast within their own programme a local programme that is produced and broadcast by the same licence holders.

In municipalities that are district capitals with a population of less than 250,000, broadcasters can, according to Art. 2 (2), apply for an exemption from the duty to produce and broadcast a local programme if, on the basis of an existing agreement, at least one other broadcaster produces and broadcasts a local programme as part of its radioelectric, terrestrial or cable broadcasting service. The wording of the relevant agreement must be communicated to the CNA.

Programmes provided by a broadcaster which is subject to the laws of another country must comply with the percentages set out in the CNA-approved programme plan in relation to programme production, broadcasting and rebroadcasting.

According to Art. 7, the exemption from producing and broadcasting local programmes, granted under the conditions set out in this decision, may not be granted until the CNA has been informed of the broadcaster's intention to seek an exemption. Breaches of the provisions of this decision will, according to Art. 91 of Audiovisual Act No. 504/2002 and subsequent amendments and additions, be punished firstly with official warnings and, if they are not heeded, with fines of between RON 2,500 and RON 25,000 (EUR 1 = RON 3.66).

The provisions of CNA Decision No. 654 of 22 November 2005 will enter into force on 1 April 2006 and replace the provisions of Decision No. 312 of 30 September 2004, published in the Romanian Official Gazette, Part 1, No. 911 of 6 October 2004.