Romania

[RO] Severe Sanctions for more Romanian TV Stations

IRIS 2013-1:1/33

Eugen Cojocariu

Radio Romania International

On 6 and 8 November 2012, the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed severe sanctions on four commercial Romanian television stations (PRO TV, Acasă TV, Kanal D and Antena 1) for violating the law on audiovisual services. Three stations (PRO TV, Kanal D, Antena 1) were obliged to interrupt their programmes and to broadcast for 10 minutes the text of the CNA’s sanctions. The fourth channel, Acasă TV, was fined RON 100,000 (about EUR 22,000), the second biggest legal financial sanction ever imposed. Acasă TV also was obliged to interrupt its programme for 10 minutes, but the station appealed the sanction (see inter alia IRIS 2012-1/38, IRIS 2011-1/44, IRIS 2012-2/32, and IRIS 2012-4/36).

The broadcasters were sanctioned over tabloid TV shows because of insulting language repeatedly used by guests, the re-runs of the shows despite of the inappropriate language used and the broadcasting of shows that could harm minors at improper times.

The stations violated Art. 3 (1) of the Legea audiovizualului nr. 504/2002, cu modificările şi completările ulterioare (Audiovisual Law no. 504/2002, with further modifications and completions), which provides that political and social pluralism, cultural, linguistic and religious diversity, information, education and public entertainment are accomplished and ensured by the broadcasters.

At the same time, some broadcasters violated Art. 39 (2) of the mentioned law, which stipulates that broadcasting of programmes that are likely to impair the physical, mental or moral development of minors may be performed only if minors in the transmission area under usual conditions do not have access to those programmes.

Furthermore, the Council found that the stations breached Art. 40 (3) of the Codul Audiovizualului, Decizia nr. 220/2011 privind Codul de reglementare a conţinutului audiovizual, cu modificările şi completările ulterioare (Audiovisual Code - Decision no. 220/2011 concerning the regulation of audiovisual content, with further modifications and completions), which requires the moderators of the programmes not to use or tolerate insulting language or instigate violence.

Between 1 January and 30 September 2012, the CNA issued 274 sanctions, including 166 public warnings, 101 fines amounting to RON 2,755,500 (about EUR 601,650), two decisions obliging the broadcasters to read out the text of the sanction issued by the Council for 10 minutes during the regular programme (19:00-19:10), one decision obliging accordingly for 3 hours (18:00-21:00) and three decisions reducing the remaining validity of the broadcaster’s licence.