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IRIS 2012-3:1/30 [RO] OTV Sanctioned again for Breaching Electoral Campaigns Rules

On 19 January 2012 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) again sanctioned the commercial tabloid television station OTV for interrupting its programme for 10 minutes on 20 January 2012 at 19.00 local time, and for broadcasting only the announcement of the sanction. The trigger for the sanction was electoral advertising broadcast outside the electoral campaign period in favour of the political party Partidul Poporului - Dan Diaconescu (PP-DD, People’s Party - Dan Diaconescu) founded by the owner of the station: Dan Diaconescu (see inter alia IRIS...

IRIS 2012-2:1/34 [RO] The First Frequency Spectrum Tender in Romania

The Autoritatea Naţională pentru Administrare şi Reglementare în Comunicaţii (National Authority for Administration and Regulation in Communications - ANCOM) will, in 2012, open for tender all radio frequencies available in the 900 and 1,800 MHz bands, currently used by the most important mobile communications providers in the Romanian market, Cosmote, Orange and Vodafone (see IRIS 2011-1/45). The decision was issued on 28 December 2011, the day after the Romanian Government’s transitory decision to prolong for one year the licences of the mobile telephony providers Orange and Vodafone, which would...

IRIS 2012-2:1/33 [RO] New Data Retention Law Rejected by the Senate

On 21 December 2011, the Senate (upper Chamber of the Romanian Parliament) unanimously rejected the new draft Law on the retention of data generated or processed by providers of public electronic communications networks and by electronic communication services providers directed at the public, issued in November 2011. The new Draft was intended to implement the EU Data Retention Directive 2006/24/EC, after the Curtea Constituţională a României (Romanian Constitutional Court) decided on 7 October 2009, that the transposing Law 298/2008 was unconstitutional due to a breach of Art. 28 of the Romanian...

IRIS 2012-2:1/32 [RO] Sanctions for Infringements of the Advertising Rules

On 14 December 2011 the Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued sanctions on several Romanian television broadcasters for breaching the audiovisual rules with regard to the limits of advertising (see inter alia IRIS 2010-1/38, IRIS 2010-8/42, IRIS 2011-1/44 and IRIS 2011-6/31). The Romanian public broadcaster TVR received a public warning and the commercial television stations Antena 1, PRO TV, Prima TV and KANAL D were fined RON 100,000 (EUR 23,040) each for breaches of Art. 35 (1) of Legea audiovizualului nr. 504/2002, cu modificările şi completările...

IRIS 2012-1:1/40 [RO] Psychoactive Substances and Website Blocking

On 7 November 2011 Act no. 194/2011 on fighting activities with substances capable of having psychoactive effects, other than those stipulated in the regulations in force, was promulgated by the President of Romania and published in the Official Journal of Romania no. 796 of 10 November 2011 (Part I). The Act implements Directive 98/34/EC and establishes the legal framework applicable to products, other than those determined by existing legislation, capable of having psychoactive effects, by imposing measures to prevent, control and fight the consumption of such products. The maximum penalty for...