Romania

[RO] Changes to Regulatory Code for Audiovisual Content Concerning Food Product Advertising

IRIS 2008-2:1/26

Mariana Stoican

Journalist, Bucharest

On 1 January 2008, a new amendment to the Codul de reglementare a conţinutului audiovizual (Regulatory Code for Audiovisual Content) entered into force. It was adopted by the Consiliul Naţional al Audiovizualului (regulatory authority for electronic media - CNA ) via Decision No. 1105 of 20 December 2007 (see IRIS 2008-1:17). The amendment concerns the rules set out in Art. 138 concerning advertising for food products aimed at children.

As before, Art. 138 stipulates that medicinal properties of food products and food supplements ( suplimente alimentare ) must not be mentioned in advertising; (para. 1); similarly, food products must not be described as having particular qualities that they do not actually have (para. 2). The following two paragraphs of the Code have been amended through the CNA decision. "Advertising for food products aimed at children under the age of 12 may not contain references to well known personalities or doctors; the only exception is advertising for natural products" (para. 3). The amended Art. 138 para. 4 states that advertising aimed at children under 12 that links food products with other articles not intended for consumption - such as toys, transfers and similar items - is only allowed if particular characteristics of the food product or brand are clearly referred to either in writing or using relevant images. "These references must clearly explain the qualities of the food product concerned."

Para. 5 remains unchanged. It states that the following warning should be given at the end of every block of advertising broadcast between 6 am and 10 pm: "For the benefit of your own health, excessive consumption of salt, sugar and fats should be avoided" (" Pentru sănătatea dumneavoastră evitaţi excesul de sare, zahăr şi grăsimi "). A newly added para. 6 then clarifies the meaning of the concept of advertising: "Within the context of this Regulatory Code, advertising aimed at children under 12 is understood to mean any advertising broadcast during a programme for which at least 70% of viewers are children under 12" (Art. 138 para. 6).


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