Romania

[RO] Modifications of the Audiovisual Law

IRIS 2015-8:1/27

Eugen Cojocariu

Radio Romania International

On 21 July 2015, the Romanian President promulgated the Law no. 211/2015 on the modification of the Article 20 of the Audiovisual Law - no. 504/2002 republished - (Legea audiovizualului nr. 504/2002, republicată) with regard to the dismissal of the President of the National Audiovisual Council, CNA (Consiliul Naţional al Audiovizualului). According to paragraph 4 of the new form of the above mentioned Article 20, the rejection by the Parliament of the annual activity report of the National Audiovisual Council means ipso jure the dismissal from office of the President of the Council. In the situation provisioned under paragraph 4, the Parliament will appoint a new President for the remaining term of the former President. The new President will be appointed from the rest of the existing members of the Council, and the ousted former President cannot be re-elected until his mandate expires.

The draft Law had been rejected by the Chamber of Deputies; the lower chamber of the Romanian Parliament (see IRIS 2015-6/32), but was adopted by the Senate (upper chamber), whose decision was final.

On the other hand, the Act no. 181/2015 on the approval of Government’s Emergency Decree no. 25/2013 on the modification and completion of the Audiovisual Act no. 504/2002 (Legea nr. 181/2015 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 25/2013 pentru modificarea şi completarea Legii audiovizualului nr. 504/2002) entered into force on 5 July 2015. The Act had been promulgated on 30 June 2015, more than two years after the start of its legal route and after a request in 2013 to the Parliament of the former Romanian President to review the draft law. Act 181/2015 changes Article 1 of the Audiovisual Law with regard to the ultimate beneficiaries of television advertising, Article 27 on the isolated advertising and teleshopping rules, and Article 29 on the rules of the TV advertising airtime purchase. Through a modified form of Article 51 (1), Act 181/2015 also regulates the procedure and conditions for issuing and amending audiovisual licenses which shall be established by decisions of the National Audiovisual Council.