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On 29 May 2012, the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA) adopted Decision no. 320 on the provision of on-demand audiovisual media services. The Decision, adopted in order to further the transposition of the Directive 2010/13/EU (Audiovisual Media Services Directive), was published in the Official Journal of Romania no. 434 of 30 June 2012 (see IRIS 2009-3/30). The provisions of the Audiovisual Law no. 504/2002, as amended, and the Audiovisual Code (Decision no. 220/2011 regarding the Regulatory Code of the Audiovisual Content) apply to on-demand services, bearing...

In May 2012 the Consiliul Naţional al Audiovizualului (National Audiovisual Council - CNA) issued several instructions regarding the rules to be observed by audiovisual media during the electoral campaign for the local elections on 10 June 2012. The Council also issued a large number of sanctions due to legal infringements (see IRIS 2011-9/31, IRIS 2011-10/36 and IRIS 2012-3/30). 188 television and 142 radio stations decided to cover the electoral campaign. The instructions determine more precisely the stipulations of electoral legislation. According to Instrucţiunea nr. 1 din 10.05.2012 (Instruction...

On 22 May 2012, the Romanian Chamber of Deputies adopted by a large majority the Law on the retention of data generated or processed by electronic communications public networks providers and by the electronic communication services for the public, the so called "Big Brother" Law (see IRIS 2012-2/33 and IRIS 2012-5/35). The Chamber of Deputies was the last parliamentary Chamber to decide upon the Act that was rejected on 21 December 2011 by the upper Chamber, the Senate. The Parliament adopted in November 2008 the first version of the Act but the Constitutional Court declared it unconstitutional...

The case concerns the ineffectiveness of the enforcement of a court decision giving journalists the right of access to the premises of a local radio station where they worked (Radio M Plus). Access to their work premises had been obstructed by the representatives of the broadcasting company Tele M, situated in the same building. In a decision of 6 December 2002 the Neamţ County Court ordered Tele M to grant Frasilă and Ciocirlan access to the Radio M Plus editorial office and held that the obstruction of their access by representatives of the Tele M company constituted an unlawful act that might...

On 24 April 2012 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) decided to withdraw the audiovisual license of the commercial TV station OTV as from 29 May 2012, almost 10 months before its normal expiry date of 1 April 2013. The Council had already reduced twice, on 27 March and 10 April 2012, the duration of the license of OTV, each time by half of the remaining period of validity. The sanctions, the most severe ever taken by the CNA, were due to OTV’s repeated and continual breaches of audiovisual legislation with regard to political advertising...