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Law No. 48 Of 21 May 1992 On The Audiovisual Law

Original Language Title:  LEGE nr. 48 din 21 mai 1992 LEGEA audiovizualului

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LEGE No. 48 of 21 May 1992 Audiovisual law (updated until 3 June 2002 *)
ISSUER PARLIAMENT




---------------- * *) The original text was published in the OFFICIAL GAZETTE NO. 104 of 25 May 1992. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until June 3, 2002, with the amendments and additions made by: LAW No 109 of 3 October 1992 ; LAW No 62 of 22 September 1993 ; LAW no. 154 154 of 15 July 1998 ; LAW no. 19 19 of 14 January 1999 ; EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 ; LAW no. 145 145 of 26 July 2000 ; EMERGENCY ORDINANCE no. 26 26 of 15 February 2001 ; LAW no. 401 401 of 10 July 2001 ; EMERGENCY ORDINANCE no. 193 193 of 27 December 2001 . The Romanian Parliament adopts this law + Chapter 1 General provisions + Article 1 (1) The free expression of ideas and options, as well as the free communication of information by means of broadcasting and television are guaranteed by law, in the spirit of constitutional rights and freedoms. (2) The audiovisual media, public and private, are obliged to ensure the correct information of the public opinion. (3) No censorship of any kind shall be prohibited. (4) The selection in good faith of audio-visual information by persons who bear the responsibility for its content does not constitute censorship and may be exercised under the conditions of this law. + Article 2 (1) The freedom of audiovisual expression cannot prejudice the dignity, honor, particular life of the person, nor the right to his own image. (2) It is prohibited by law to defame the country and the nation, the urge to war of aggression, to national hatred, racial, class or religious hatred, incitement to discrimination, territorial separatism or public violence. (3) It is forbidden to disseminate information that, according to the law, has a secret character or can harm national security. (4) It is also forbidden to schedule and disseminate obscene manifestations, contrary to the mores. (5) Civil liability for the content of the information transmitted by means of audiovisual communication through which material or moral damages have been brought shall return, as the case may be, to the law, to the producer, to the author, to the holder of the broadcasting license, the owner of the radio station through which the communication was made. + Article 2 ^ 1 (1) The television stations, legal persons, shall ensure until 1 January 2003, progressively, to the extent possible and by means of European audiovisual creations, a majority percentage of the emission time, in the the calculation of which will not enter the informative and sports broadcasts, games, advertising and teletext services. (2) For the purposes of this Law, European audiovisual creations shall mean the works originating in the Member States of the Council of Europe, as well as the works carried out, in whole or in majority, by producers, authors and workers who have domicile in one or more Member States of the Council of Europe. (3) From the European audiovisual creation broadcast at least 40% will be Romanian audiovisual creation. (4) The Romanian creations mean works that originate in Romania or that are realized, in whole or majority, by producers, authors and workers who are domiciled in Romania. (5) The television stations, Romanian legal entities, will reserve, under the previous paragraphs, 10% of their broadcasting time to the creations made by producers independent of the respective broadcast stations. (6) Application of para. (1) and (5) will be done gradually, on the basis of mandatory rules developed by the National Audiovisual Council. ---------------- Art. 2 ^ 1 was introduced by LAW no. 19 19 of 14 January 1999 published in MONITORUL OFFICIAL no. 12 12 of 19 January 1999. + Article 3 Television or television advertising must be designed so that they can be easily distinguished from other programmes. + Article 4 (1) The person who considers himself injured in a right or in a legitimate, moral or material interest, through an audiovisual communication, has the right to ask for the necessary rectification, and if he is refused, he has the right to reply. The rectification and reply will be broadcast on the same conditions as his right or interest has been harmed. ((2) The liability for the dissemination of rectification or for the provision of the right of reply lies with the holder of the broadcasting licence of the station by which the injury occurred. + Article 5 (1) Legal entities in the field of broadcasting and of television that design, produce and issue programs are public or private. (2) Public legal entities are state institutions, autonomous kings or Romanian commercial companies with full state capital. (3) Private legal entities are Romanian companies with full or partial private capital, Romanian or foreign. (4) Public or private legal entities have the right to rent radio-electric audiovisual communications networks property of autonomous regions or companies with majority state capital. They can also have broadcasting stations and lines for transmission of programs. Program 1 of public television, as well as the programs of the Romanian Radio Broadcasting, existing at the time of the law, are exempted from renting and privatization. + Article 6 (1) A natural person or a legal person, public or private, may not be an investor or majority shareholder, directly or indirectly, than in a single audiovisual communication company, and in others he cannot hold more than 20% of the capital social. ((2) The shares representing the share capital of some licensed companies for the exploitation of an audiovisual communication service can only be nominative. (3) They are exempted from the provisions of par. (1) public legal entities referred to in art. 41. (4) The broadcasting license shall not be granted to parties or other political parties, nor to public authorities. + Article 7 The cable distribution networks of audiovisual communications are the property of Romanian, public or private legal entities. + Article 8 (1) The audiovisual communication in the field of broadcasting and television is based on the broadcasting license and the authorization decision, issued under the present law. (2) The dissemination of programmes through the public networks of autonomous regions in the field of telecommunications or other broadcasting stations, which were technically authorised, shall be made only on the basis of the emission licence, specifying the networks or those stations. (3) The emission licences for public legal entities referred to in art. 41 is issued without competition and free of charge + Article 9 Autonomous public services provided for in art. 41 are obliged to transmit with priority and free of charge the communiqués or messages of public interest received from the Parliament, from the Romanian Presidency or from the Government. + Article 10 Legal entities operating under this law are obliged to inform the public about: a) the name, the seat, the name of the legal representative and 3 of the main associates or members of the board; b) the audiovisual communication services they provide; c) the name of the programme or programme maker. + Article 11 The National Broadcasting Council is established, an autonomous public authority, which exercises its powers according to the provisions of this law. + Chapter 2 Audiovisual communication by way of radio-electric + Section I Emission licence + Article 12 (1) The emission licence shall include the categories of information which may, depending on their nature, be subject to public dissemination. (2) The license shall be issued by the National Audiovisual Council, following a competition in which the applicants who obtained the prior technical opinion of the Ministry of Communications and Information Technology can participate. The opinion shall be given no later than 30 days after the request. (3) The conditions for participation in the competition and the concrete criteria for the separation of participants shall be made public by the National Audiovisual Council at least 45 days before the date on which the contest is to be held. (4) Departmental criteria for obtaining the broadcasting licence must ensure pluralism of opinions, equal treatment of participants, quality and diversification of programmes, favouring free competition, creation and production. national audiovisual, illustration of national culture, independence and impartiality of programmes disseminated by public legal entities. (5) The access of the social-cultural, political, religious and other applicants to the audiovisual programs is made by respecting the provisions of par. (4), under the conditions established by the emission licence. + Article 13 (1) The number of emission licenses for which the contest is organized shall be approved by the National Audiovisual Council, with the opinion of the Ministry of Communications and Information Technology. (2) In determining the number of licences it is mandatory to comply with technical conditions for ensuring the quality of transmission and international agreements in the field of radio communications. + Article 13 ^ 1 The removal of the frequencies for high-power broadcasting stations, the conditions for participation in the competition, as well as the criteria for the separation of the broadcasting license shall be determined by decision of the Government. ---------------- Art. 13 ^ 1 was introduced by EMERGENCY ORDINANCE no. 26 26 of 15 February 2001 published in MONITORUL OFFICIAL no. 98 98 of 26 February 2001. + Article 14 (1) The broadcasting licence shall be granted for a period of 9 years both in the field of broadcasting and in television. The term flows from the date of obtaining the authorization decision. (2) The broadcasting license is non-communicable, and its modification can be made only by the National Audiovisual Council, under the conditions provided in art. 12. (3) On the expiry of the term, a new competition is compulsorily organized. (4) For situations where, upon expiry of the term of validity of the broadcasting licence, a new licence is awarded by competition, for the same locality and under the same technical conditions, to another legal person than the old holder, the latter will be able to continue broadcasting the program at the most until the entry into service of the station of the new broadcasting license holder, without being able to exceed the duration of the legal deadlines for the entry into operation of the new broadcasting station. ---------------- Article 14 was amended by EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 published in MONITORUL OFFICIAL no. 173 173 of 23 April 1999; amended by EMERGENCY ORDINANCE no. 26 26 of 15 February 2001 published in MONITORUL OFFICIAL no. 98 98 of 26 February 2001. + Article 15 The right resulting from the emission license shall be extinguished, if the licensee does not require the Ministry of Communications and Information Technology, no later than 30 days from the date of communication written by the National Audiovisual Council of the the issuing of the licence, the issuing of the technical authorisation for operation or if it exceeds, for its own fault, the time limit for issuing such authorisation and the expiry of the time limit for which the licence has been issued, except as provided for a) art. 8 8 para. ((2); b) art. 14 14 para. ((4), when the validity of the emission license and, implicitly, of the technical operating authorization and the authorization decision are extended at the most with the duration of the legal deadlines for the entry into service of the new broadcasting station. ---------------- Article 15 was amended by EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 published in MONITORUL OFFICIAL no. 173 173 of 23 April 1999; amended by LAW no. 145 145 of 26 July 2000 published in MONITORUL OFFICIAL no. 354 354 of 28 July 2000. + Section II Authorisation decision + Article 16 (1) The authorization decision shall be granted by the National Audiovisual Council, on the basis of the broadcasting license and the technical operating authorization issued by the Ministry of Communications and Information Technology. ((. The decision shall be issued within 5 days of the submission by the applicant of the technical operating authorization. Authorization decision or emission license, in the cases provided in art. 8 8 para. (2), shall be published in the Official Gazette of Romania. (3) The refusal to issue the decision shall be communicated within the period provided in par. ((2) and must be reasoned. (4) The letters resulting from the refusal to issue the authorization decision shall be settled according to the Law on Administrative Litigation. + Article 17 (1) Technical authorization for operation, provided for in art. 16, contains the technical parameters of the equipment, the attestation of the conformity of the installations with these parameters and the tariffs In order to grant the authorization, the Ministry of Communications and Information Technology will establish, together with the applicant, the details and stages of realization of the emission stations. (. The authorization shall be issued within 15 days of the presentation for measurements of the station. The station must be carried out no later than 18 months after the date of application. (3) The term of validity of the technical operating permits is the one provided for in art. 14 14 para. ((1). + Article 18 (1) The Ministry of Communications and Information Technology may propose to the National Audiovisual Council, for reasons of electromagnetic compatibility, the modification of the frequency stipulated in the broadcasting license, without interruption of service, with the provision of an equivalent quality reception and other technical characteristics involved. ((. The amendment shall be communicated to the holder 30 days before the date of its entry into force. (3) The Ministry of Communications and Information Technology shall make available to the National Audiovisual Council, upon request and as far as technical possibilities, the list of frequencies available in the band 87,5-08 MHz, in order to replace those occupied from the band 66-73 MHz, for radio stations operating in this band and only for the localities where those companies do not have an emission licence in the band 87,5-108 MHz. These frequencies will be communicated to the National Audiovisual Council within 60 days of the request. Within 30 days from the reception of the frequencies the National Audiovisual Council will make the necessary changes in the broadcasting licenses, in compliance with the validity deadlines provided in art. 14 14 para. ((1). The holders will present the modified licenses to the Ministry of Communications and Information Technology, in order to obtain the new technical authorization of operation, necessary to amend the authorization decision. ---------------- Article 18 was amended by EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 published in MONITORUL OFFICIAL no. 173 173 of 23 April 1999; amended by LAW no. 145 145 of 26 July 2000 published in MONITORUL OFFICIAL no. 354 354 of 28 July 2000. + Section III Authorisation of the reception of satellite-based audiovisual programmes + Article 19 (1) The reception of audiovisual programs, transmitted by satellite, is made either with community installations that ensure distribution for commercial purposes or with individual installations. (2) For Community reception facilities, the authorization decision shall be issued by the Ministry of Communications and Information Technology, on the basis of the access license granted by the owners of the satellites or those of the related transmission capacities. (3) For individual reception can be produced, put into sale and use only installations that have type authorization issued by the Ministry of Communications and Information Technology. + Article 20 It is forbidden to redistribute by cable for commercial purposes or to retransmit on terrestrial radioelectric path the programs that the holders of the individual reception facilities receive. + Chapter 3 Authorization of audiovisual communication distributed by cable + Article 21 Through the audiovisual communication services distributed by cable can be carried out, separately or cumulatively: a) the retransmission of radio, terrestrial or satellite programmes; b) retransmission of audiovisual productions recorded by various means c) dissemination of own design programs. + Article 22 (1) The broadcasting license for broadcasting or for television broadcast by cable is issued by the National Audiovisual Council and includes the nature of the programs to be distributed, according to art. 21, respecting the provisions of art. 12 12 para. ((4). (2) The license shall be issued within 15 days from the date of application, accompanied by the request of the community to which the distribution is to be made, a request certified by the mayor. (3) The right resulting from the emission licence shall be extinguished if the licensee does not require, no later than one year after obtaining it, the issue of the prior technical opinion, if it does not ensure that the technical conditions for the issuance of the authorisation decision and the expiry of its term of validity. + Article 23 ((1) The authorization of the operation of the cable distribution network shall be made by the Ministry of Communications and Information Technology in two stages: a) the prior technical opinion issued within 15 days, on the basis of the emission license and the draft network drawn up by an authorized unit, in technical aspect, by the Ministry of Communications and Information Technology; in the prior technical opinion will be the deadline for carrying out the works; b) the authorization decision, issued within 30 days of the request, based on the technical verification of the executed installation. (. In the authorization decision, the duration of its validity shall be determined, the duration which may not be more than 10 years; the validity of the decision may be extended at the request of the holder. + Article 24 Cable audiovisual communications, belonging to the Ministry of National Defence and the Ministry of Interior, are made under the conditions established by them. + Chapter 4 National Audiovisual Council + Article 25 (1) The National Audiovisual Council shall be composed of 11 members, appointed by: a) President of Romania-2 members; b) Romanian Parliament-Senate and Chamber of Deputies-3 members; c) Government of Romania-3 members, of which a specialist in the field of telecommunications, a specialist in the field of broadcasting and a specialist in the field of television. (2) The members of the council are guarantors of the public interest in the audiovisual field and do not represent the authority that appointed them. (3) The term of office is 4 years. (4) The appointment of the members of the National Audiovisual Council is made staggered, every 2 years, for half of their number. (5) Upon the establishment of the first council, 5 of its members shall be appointed for a duration of 2 years, as follows: a) President of Romania-1 member; b) Senate and Chamber of Deputies-1 member; c) Government-2 members. ((6) If a seat on the board becomes vacant or in the case of non-availability of a member for a duration of more than 45 consecutive days, the appointing authority shall designate, for the remainder of the non-expired term, a new member. (7) The members of the National Audiovisual Council shall be revoked, by the authority which appointed them, in case of violation of this law or of the enjoyment of criminal acts. + Article 26 (1) The President of the Council shall be elected, every 4 years and for a single term, by the secret ballot of the majority of its members. (2) If it was not possible to elect the president on the first ballot with the majority provided in par. (1), the voting shall be repeated between those who have obtained the highest number of votes, until the meeting of a majority of at least 6 votes. (3) In the absence of the President for a period of more than 4 days or in the case of force majeure, his duties shall be taken over, by law, by the most senior member of the council. (4) If the office of president becomes vacant, it is chosen, according to par. ((1) and (2), an interim president; upon the expiry of the term of office of interim president, he may be elected as president. + Article 27 Repealed. ---------------- Article 27 was repealed by anx. 10 of LAW no. 154 154 of 15 July 1998 published in MONITORUL OFFICIAL no. 266 266 of 16 July 1998. + Article 28 (1) The membership of the National Audiovisual Council is incompatible with public or private functions, except for teaching in higher education institutions. (2) The members of the council and the technical apparatus may not be part of the parties or other political parties. + Article 29 The Council shall deliberate in the presence of at least 9 of its members and the decisions shall be adopted if they vote at least 6 members. + Article 30 The National Audiovisual Council has a revenue and expenditure budget, which is an integral part of the state budget. + Article 31 In order to exercise the powers provided by law, the council shall develop its rules of organisation and operation and shall constitute a technical apparatus. + Article 32 (1) The National Audiovisual Council establishes binding rules on: the transmission of information on calamities and cases of necessity, advertising, programming and granting of the right to reply, sponsorship, module in which appeals are resolved, as well as rules on other issues related to the application of this law. (. The Council shall determine the duration and conditions for the presentation of programmes for electoral campaigns. (3) The debates on the award of broadcasting licenses are public and the decisions adopted and their motivation shall be published in the Official Gazette of Romania. (4) The frequencies available for radio and television broadcasting intended for the public shall also be released. + Article 33 (1) The National Audiovisual Council shall draw up, at the end of each year, a report on its activity and the manner in which the holders of authorization comply with the obligations provided for in this Law. (. The report shall be submitted to Parliament + Article 34 The National Audiovisual Council exercises its powers under the control of Parliament. + Chapter 5 Liabilities + Article 35 (1) The National Audiovisual Council shall control compliance with the obligations of the broadcasting license holders, and the Ministry of Communications and Information Technology, compliance with the technical conditions of the authorization decision. (2) In case of violation of these obligations, the National Audiovisual Council or the Ministry of Communications and Information Technology, as the case may be, shall address the public comments to the board of directors and order the re-entry in legality. (3) The National Audiovisual Council or the Ministry of Communications and Information Technology, as the case may be, shall designate one of its members to expose the content of these observations to the board of directors of that company and to decide, together with it, the necessary measures for the cessation of violations; the measures will be applied within a deadline set by a decision of the National Audiovisual Council or, as the case may be, the Ministry of Communications and Information Technology. + Article 36 (1) At the first violation of the provisions of this law, the authorization holder shall be ordered immediately. ((2) Unemployment shall be made public by means of mass information. + Article 37 (1) Where the holder of an authorization or an emission licence fails to comply with his obligations and does not comply with the notice received, the National Audiovisual Council or the Ministry of Communications and Information Technology, as the case may be, may apply against it, depending on the seriousness of the facts, one of the following administrative penalties: a) fine between 2% and 5% of the turnover of the previous year; if the holder is in the first year of activity, the existing turnover at the time of application of the sanction shall be taken into account; b) suspension of the authorization from one month to 3 months; c) reduction of the total duration of the authorization or license by half; d) the withdrawal of the authorization decision or the emission licence; the withdrawal shall be compulsory if the holder of the authorization ceases to issue, respecting the regularity and duration provided for in the decision, for reasons other than those of damage technique. (2) Against the application of the sanction, the sanctioned person may make a complaint, within 15 days from the communication, to the administrative court in whose territorial area the act was enjoyed. + Article 38 (1) It constitutes crimes and is punishable by imprisonment from 6 months to 2 years or with a fine from 200,000 lei to 800,000 lei the following facts: a) issuance or retransmission of programs without authorization or without broadcasting license or during their suspension; b) the issuance on another frequency or with a radiant power greater than or from a site other than those provided for in the authorization decision, if the author does not comply immediately with the notice of the Ministry of Communications and Information Technology. ((2) Unemployment can be done by any means of communication and by broadcast by those who exploit public broadcasting and television networks. The broadcast is done, free of charge, within 30 minutes of the request. (3) In case of enjoying the crime referred to in lett. a), the court may also order the seizure of technical equipment. + Article 39 Programming and dissemination of broadcasts in violation of art. 2 2 para. ((1)-(4) constitutes a crime and is punishable by imprisonment: a) from 6 months to 5 years, in the case of para. ((1); b) from 2 to 7 years, in the case of para. ((2); c) from 3 to 10 years, in the case of para. ((3); d) from 3 months to 2 years or fine, in the case of para. ((4). + Article 40 (1) If the acts provided for in art. 38 38 and art. 39, the National Audiovisual Council or the Ministry of Communications and Information Technology, as the case may be, shall notify the prosecution bodies and suspend the authorization decision until the final settlement of the case. (2) The prosecutor may order, at the request of the body that made the complaint, the preservation of the technical equipment. + Chapter 6 Transitional and final provisions + Article 41 The Romanian Radio Television is reorganized, by organic law, into autonomous public service broadcasting and television. + Article 42 For the activities carried out by the National Audiovisual Council and the Ministry of Communications and Information Technology, in order to issue the authorization decision, fees provided by law are charged. + Article 43 (1) For emission licences and for authorization decisions issued by the National Audiovisual Council, as well as for the technical operating permits issued by the Ministry of Communications and Information Technology for the stations of broadcasting operating in the frequency band 66-73 MHz shall be extended, upon request, the duration of validity until 31 December 2002, if there is no technical possibility of replacing them according to art. 18 18 para. ((3). (2) Within 30 days of the communication by the Ministry of Communications and Information Technology of the frequency list, the National Audiovisual Council will make the necessary changes to the extension of the validity of the licenses of emission, and their holders will present the modified licenses to the Ministry of Communications and Information Technology, in order to extend the technical operating permits for the same period of time, after which the modification of the decision of authorization by the National Audiovisual Council. ---------------- Article 43 was amended by LAW No 109 of 3 October 1992 published in OFFICIAL GAZETTE NO. 251 of 8 October 1992; amended by LAW No 62 of 22 September 1993 published in OFFICIAL GAZETTE NO. 233 of 28 September 1993; amended by EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 published in MONITORUL OFFICIAL no. 173 173 of 23 April 1999; amended by LAW no. 145 145 of 26 July 2000 published in MONITORUL OFFICIAL no. 354 354 of 28 July 2000; amended by EMERGENCY ORDINANCE no. 193 193 of 27 December 2001 published in MONITORUL OFFICIAL no. 848 848 of 29 December 2001. + Article 44 (1) Within 30 days from the entry into force of this Law, the National Audiovisual Council shall be established. (2) The organization and functioning expenses of the National Audiovisual Council for 1992 shall be provided by the Government from the budgetary reserve. + Article 45 On the date of entry into force of this Law, any contrary provisions shall be repealed. ---------------- In the contents Audiovisual Law no. 48/1992 the name of the Ministry of Communications is replaced by the name of the National Agency for Communications and Informatics art. 3 of EMERGENCY ORDINANCE no. 48 48 of 21 April 1999 published in MONITORUL OFFICIAL no. 173 173 of 23 April 1999. Throughout the whole Audiovisual Law no. 48/1992 the phrase "Ministry of Communications" and the phrase "National Agency for Communications and Informatics" are replaced by the phrase "Ministry of Communications and Information Technology", according to art. 3 of LAW no. 401 401 of 10 July 2001 published in MONITORUL OFFICIAL no. 393 393 of 18 July 2001. This law was adopted by the Senate at the meeting of April 9, 1992, in compliance with the provisions of art 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of May 19, 1992, in compliance with the provisions of 74 74 para. ((1) and of art. 77 77 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN ------------