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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...

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...

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...

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued on 25 October 2011 several sanctions (fines and public warnings) on the main actors of the commercial news station Realitatea TV case. One of the main Romanian television news stations, Realitatea TV, was during the last few months at the centre of a big scandal, due to the fight about the taking over of the TV station by the new owner of the network (Elan Schwartzenberg) from Sebastian Ghiţă who had a management contract concerning the station, signed with its former owner, the Romanian tycoon Sorin...

The Consiliul Naţional al Audiovizualului (National Council for Electronic Media - CNA) issued on 3 November 2011 public warnings to five Romanian commercial television stations (Antena 1, Antena 3, B1 TV, Realitatea TV and OTV) due to the way they covered a car accident caused on 16 October 2011 by the Romanian TV-star Şerban Huidu. The CNA monitored twelve TV stations on this matter. The CNA considered that the accident was covered excessively and that the stations breached legal provisions on dignity, the right to one’s own image and the observance of privacy in a difficult moment of a person’s...