Decision No 197 of 27 March 2014

09.04.2014


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Amending Decision No 220/2011 of the National Audiovisual Council on the Code for the regulation of audiovisual content
Issuer: Consiliul National al Audiovizualului
Published in: The Official Gazette No 243 of 4 April 2014

Having regard to the dual role of the National Audiovisual Council, the guarantor of the public interest and single regulatory authority in the field of audiovisual media services,
Taking into account the fundamental right of freedom of expression and of information, as guaranteed by Art 11 of the Charter of Fundamental Rights of the European Union,
Whereas the measures taken to protect the physical, mental and moral development of minors must be carefully balanced with the fundamental right to freedom of expression,
Taking account of Recommendation No 13 of 2003 of the Council of Europe on the provision of information through the media in connection with criminal proceedings,
Under Articles 3, 10 (3) (e) and 17 (1) (d) of the Audiovisual Law No 504/2002, with subsequent amendments and supplements;

The National Audiovisual Council has adopted the following decision:

Article I
The National Audiovisual Council Decision No 220/2011 on the Code for the regulation of audiovisual content, published in Official Gazette of Romania Part I No 174 of 11 March 2011, as amended, is hereby amended and supplemented as follows:
1. After Article 29, insert a new article Article 29 ^ 1, worded as follows:
Article 1 ^ 29
In the case of programmes broadcast live, other than those of news and sports broadcasts, broadcasters are obliged to use any means, including “the delay” so as to prevent dissemination of scenes, words or conduct contrary to the provisions of this Code on the protection of minors and human dignity.”
2. Article 40 (3) shall be amended to read as follows:
“(3) Moderators, the programme presenters and developers are required not to use and not to allow guests to use inflammatory language or to incite violence.”
3. Article 42 shall be amended to read as follows:
Article 42
(1)
Dissemination of images or records of persons in detention or arrest, without their consent is prohibited.
(2) Dissemination of images or records of persons serving a custodial sentence, unless they demonstrate infringements of rights or there is a justified public interest is prohibited.
(3) The images and/or records of persons in detention, arrest or serving a sentence involving deprivation of liberty should not be presented in an excessive and unreasonable way.
(4) In the audiovisual programmes, rewards and promises for reward cannot be provided, directly or indirectly, to people who could testify in court.”
Article II
This Decision shall be published in the Official Gazette of Romania Part I and shall enter into force 30 days after the date of its publication.

President of the National Audiovisual Council,
Laura Georgescu

Bucharest, 27 March 2014.
No. 197.