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IRIS 2012-4:1/38 [RO] DACIN-SARA - The Collecting Society for Cinematography Works

On 23 January 2012 the Oficiul Român pentru Drepturile de Autor (Romanian Copyright Office - ORDA) designated the collective administration body DACIN-SARA - Copyrights for Cinematography-Audiovisual - Romanian Authors’ in Audiovisual Society based in Bucharest, as the collector of the remuneration due to the authors of cinematography and other audiovisual works for the reproduction of their works (see IRIS 2005-6/34, IRIS 2006-8/27 and IRIS 2006-9/30). The decision, which was published in the Official Journal no. 93 of 6 February 2012,provides that the remuneration shall be calculated according...

IRIS 2012-4:1/37 [RO] New Minimum Provisions for Improving Consumer Protection

Starting with 25 February 2012, contracts concluded by consumers with providers of electronic communications services contain more minimum mandatory provisions intending to improve consumer protection (see IRIS 2008-6/24, IRIS 2010-5/33 and IRIS 2010-8/43). The new provisions are included in the Emergency Government Decree no. 111/2011 on electronic communications, published in the Official Journal on 27 December 2011. The maximum initial duration of contracts concluded with resident end-users may not exceed 24 months. Providers are also obliged to give consumers the alternative to benefit from...

IRIS 2012-4:1/36 [RO] Severe Sanctions for Breaching Audiovisual Regulations

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) imposed in February 2012 numerous severe sanctions on several Romanian television stations for breaching audiovisual rules with regard to the right to private life; the right to one’s own image; the protection of reputation and human dignity; the limit of advertising; the modification of rebroadcasting without permission; and the “must carry” principle (see inter alia IRIS 2011-1/44, IRIS 2011-6/31, IRIS 2012-1/38, and IRIS 2012-2/32). The commercial station Antena 1 was sanctioned for severe infringements of...

IRIS 2012-4:1/35 [RO] New Decision on the Granting and Modification of Rebroadcasting Notifications

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) approved on 2 February 2012 Decision no. 72 on the conditions for granting and modifying a rebroadcasting notification. It was published in the Official Journal no. 118 of 16 February 2012 and replaced CNA Decision no. 12/2003 (see inter alia IRIS 2010-4/37, IRIS 2011-6/30 and IRIS 2012-2/32). According to the Decision, any person who intends to distribute TV and/or radio programme services has to request, under Art. 74 of the Audiovisual Law no. 504/2002, a rebroadcasting notification. The applicant has to...

IRIS 2012-3:1/31 [RO] Recommendation for the Coverage of Social Protests

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued on 17 January 2012 a recommendation addressed to audiovisual broadcasters to inform correctly and in full about the important social protests that started in Romania in mid-January. The Council requested the broadcasters to observe the Legea audiovizualului nr. 504/2002, cu modificările şi completările ulterioare (Audiovisual Act no. 504/2002, with further modifications and completions) and the Codul Audiovizualului - Decizia nr. 220/2011 privind Codul de reglementare a conţinutului audiovizual, cu modificările...