Romania

[RO] CNA Decision Imposes New Obligation on Cable Providers

IRIS 2008-3:1/26

Mariana Stoican

Journalist, Bucharest

Following a decision taken by the Consiliul Naţional al Audiovizualului (national council for electronic media in Romania - CNA) at its meeting on 22 January 2008 ( Decizia CNA privind obligaţia distribuitorilor de servicii de programe de a aduce la cunoştinţa publicului sancţiunile aplicate de Consiliul Naţional al Audiovizualului ), cable network operators and all “providers of broadcast programmes” in the audiovisual sector ( “distribuitorii de servicii de programe” ) sanctioned by the CNA are obliged to inform the public of the subject matter and reasons for the sanction using the wording set out by the CNA (Art. 1 para. 1). Under Art. 1 para. 2, providers of audiovisual services are obliged to broadcast the wording of the CNA sanction on seven consecutive days following the announcement of the sanction. The provider must broadcast the sanction on the channel on which the programme concerned was shown (Art. 1 para. 3). If a service provider also acts as the broadcaster ( radiodifuzor ), it is subject to the same obligation according to para. 4.

Art. 2 of the CNA decision states that failure to respect the decision will be sanctioned in accordance with Art. 91 of Audiovisual Act No. 504/2002 (including the subsequent amendments and additions). Therefore, the CNA will punish breaches with a caution under the terms of Art. 91 para. 2 of the Audiovisual Act, stating the conditions and deadlines for rectifying the situation. If the service provider or broadcaster fails to meet the conditions laid down in the caution, it will be fined between RON 2,500 and RON 25,000 (approx. EUR 670 and EUR 6,700) in accordance with Art. 91 para. 3.