Romania

[RO] CNA Imposes Sanctions for Youth Protection Violations

IRIS 2008-5:1/27

Mariana Stoican

Journalist, Bucharest

After monitoring the labelling of feature films broadcast on prime time television in February 2008, the Consiliul Naţional al Audiovizualului (national electronic media authority – CNA) found several violations of the rules on the protection of minors. On the basis of the relevant investigative reports, it imposed appropriate sanctions for breaches of the classification criteria set out in the Codul CNA de Reglementare a Conţinutului în audiovizual (CNA regulatory code for audiovisual content) at its public meeting on 27 March 2008. The broadcaster Kanal D was fined RON 2,500 (approx. EUR 680), while fellow broadcasters Prima TV and ProTV received public reprimands (Somaţie publică).

One breach of the CNA rules on the protection of minors had attracted particular attention. Several national TV channels had broadcast video footage released by police sources, in which a 12-year old schoolgirl was tortured by two older girls. The CNA ruled that this infringed Art. 4 para. 2 and Art. 35 of the CNA regulatory code and punished all seven TV companies which had shown the video. It imposed fines of RON 2,500 on private broadcasters Pro TV, Antena 1 and OTV, while private TV channels Prima TV, Realitatea TV and Kanal D and public service broadcasters TVR 1 and TVR 2 were publicly reprimanded.

Art. 4 para. 2 deals with cases in which a child under 14 is the victim of a crime or is physically and psychologically abused. It only allows the transmission of pictures and commentary with the written consent of the child's parents, guardian or legal representative.

Art. 35 prohibits the broadcast of footage made available to broadcasters by the police or public prosecutor's office if the victim of a crime or their family members have not given their permission. Similarly, the victim's identity may not be revealed without the agreement of the persons concerned.

Both of these provisions were flouted by the aforementioned broadcasters in their reports on the violence inflicted on the 12-year old girl.

A CNA press release of 27 March 2008 states that: "In view of the seriousness of this case and the possible harmful effects on the development of minors, the CNA has also decided to bring this case to the attention of the Inspectoratul General al Poliţiei (General Inspectorate of Police), the Autoritatea Naţioală pentru Protecia Copilului (National Authority for the Protection of Minors), the Ministerul Educaţiei şi Cercetării (Ministry of Education and Research) and the Asociaţia Jurnaliştilor din România (Romanian Journalists' Association)".


References


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