Romania’s new Audiovisual Content Regulatory Code, passed by the National Audiovisual Council (CNA), an extensive legislative update adjusted for the new technological, social and informational realities, enters into force today.
According to CNA, the new code reflects the extension of the CNA’s competences, in line with the legislative amendments adopted by transposing Directive (EU) 2018/1808 on audiovisual media services into the Audiovisual Law 504/2002, as subsequently amended and supplemented.
The code continues to apply to programmes broadcast by TV and radio stations, video-on-demand media services, but also to services that distribute their audiovisual content through video-sharing platforms, if they are under the jurisdiction of Romania. The latest amendments create a consistent regulatory framework that offers the same level of protection and responsibility in the digital environment, as in television or radio.
Concepts such as disinformation – with intent and negative impact; incorrect information – unintentional but with harmful effects; illegal content – incitement to hatred, terrorism, child pornography, etc.; online content creator – person with editorial responsibility; harmful content – fear, terror, unjustified violence, are creally defined.
At the same time, the protection of minors is strengthened through stricter prohibitions on the dissemination of images or statements of minors in sensitive contexts; clear conditions for the participation of minors in media programmes; the obligation to restrict access to potentially harmful content for minors, including online.
Labelling and clear warnings are stipulated by the obligation to signal the sensitive content by messages such as: „Attention! This material may affect the development of minors”; „The information in this program has no scientific basis”; „This program is a fiction” (for reality shows with directing elements).
All providers must gradually ensure access for people with disabilities (through subtitling, sign language, audio description, etc.).
Gambling advertising is regulated more strictly: time restrictions, prohibition of addressing minors, limitations on aggressive promotion. In the case of food supplements, flattering statements or their presentation as alternatives to medical treatments are prohibited.
The code recognises and regulates public service announcements as a distinct form of media communication, with examples of public service announcements regulated: campaigns on fundamental human rights and freedoms (e.g. preventing hate speech); preventing a return to drug or alcohol use among minors; information on public health or environmental protection; minor kidnapping alert – a national system of dissemination in cases of missing people.
Rules are established regarding their marking, separation from editorial or commercial content, and conditions of dissemination.
The code provides a legal basis for penalising content that spreads disinformation, protecting the public information space without limiting freedom of expression, and establishes increased obligations for video-on-demand media services to include and highlight them appropriately, thus helping support local production and cultural diversity.
The possibility of partnerships between the CNA and industry (platforms, creators, civil society) is opened to ensure compliance with public interest objectives through modern assisted self-regulation mechanisms.
„The new code does not restrict freedom of expression but provides clear mechanisms to protect it from abuses and slippages. It is a tool through which CNA puts order where information risks are out of control – whether we are talking about online content, video platforms or television,” CNA also says.
AGERPRES
