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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LAW No. 48 of 21 May 1992 of the broadcasting LAW (updated until June 3, 2002)-PARLIAMENT ISSUING — — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL NR. 104 of 25 May 1992. This is the updated form of S.C. "territorial Center of Electronic Computing" until June 3, 2002, with amendments and additions made by: Law No. 109 of 3 October 1992; Law No. 62 of 22 September 1993; Law No. 154 of 15 July 1998; Law No. 19 of 14 January 1999; EMERGENCY ORDINANCE No. 48 of 21 April 1999; Law No. 145 of 26 July 2000; EMERGENCY ORDINANCE No. 26 of February 15, 2001; Law No. 401 of 10 July 2001; EMERGENCY ORDINANCE No. 193 of 27 December 2001.
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 radio and television are guaranteed by law, in the spirit of the constitutional rights and freedoms.
  

(2) audiovisual media, both public and private, are obliged to provide correct information to the general public.
  

(3) the censorship of any kind is prohibited.
  

(4) the selection of proper faith audio visual information of people who wear the responsibility for its content do not constitute censorship and may exercise under this law.
  


Article 2 (1) freedom of expression may not harm the audiovisual dignity, honour, private life of the person and any right to his own image.
  

(2) it is forbidden by law, defamation of the country and the nation, urging the war of aggression, national hatred, racial, class or religious incitement to discrimination, territorial separatism or public violence.
  

(3) it is prohibited to disseminate information which, according to the law, secret or may harm national security.
  

(4) Furthermore, it is forbidden to scheduling and dissemination of obscene events, contrary to the property mores.
  

(5) the liability for the content of information transmitted by means of audiovisual communication which brought material or moral damages, as appropriate, in accordance with the law, producer, author, the holder of the license, the owner of radio station through which the communication was made.
  


Article 2 ^ 1 (1) broadcasters, corporates, will provide up to 1 January 2003, progressively, where practicable and by appropriate means, European audiovisual works a majority percentage of the time, in the calculation that will be informative and sporting shows, games, advertising and teletext services.
  

(2) for the purposes of this law, by means of the European audiovisual creations works originating in the Member States of the Council of Europe, as well as works made in whole or in majority, producers, authors and workers who have their habitual residence in one or more Member States of the Council of Europe.
  

(3) the creation of a European audiovisual broadcast at least 40% will be audiovisual creation.
  

(4) by Romanian creations means works that originate in Romania or which are carried out, in whole or in majority of producers, authors and workers have their domicile in Romania.
  

(5) television broadcasters, corporates, will, under the terms of the preceding paragraphs, 10% of their transmission time of creations made by independent producers broadcast stations in question.
  

(6) the application of paragraph 1. (1) and (5) will be done gradually, based on mandatory standards developed by the National Audiovisual Council.
  

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Art. 2 ^ 1 was introduced by law No. 19 of 14 January 1999, published in Official Gazette No. 12 of 19 January 1999.


Article 3 radiodifuzata tv Advertising or shall be designed so that they can be distinguished easily from other programs.


Article 4 (1) the person shall be deemed in any way or in a vested interest, morally or materially, through an audiovisual communication, has the right to require the correction needed, and where he is entitled to refuse such a reply. Rectification and the replica will be running under the same circumstances in which a right or interest has been infringed.
  

(2) responsibility for rectifying the dissemination or for ensuring the right to replicate the returns of the holder of the license by which injury occurred.
  


Article 5 (1) legal persons in the field of broadcasting and tv designers produce and emit programs are public or private.
  

(2) public legal entities are State institutions, 1900 or companies with state capital.
  

(3) legal persons are private companies with private capital in whole or in part, Romanian or foreign.
  

(4) public or private legal entities have the right to rent audiovisual radio communications networks owned by the autonomous public corporations or companies with majority state capital also may have ownership of broadcasting stations and lines for transmission of programmes. Schedule 1 of the public television and Radio programs, existing at the date of occurrence of the law, are exempted from the rental and privatization.
  


Article 6 (1) a natural person or a legal person, public or private, may not be the investor or shareholder, directly or indirectly, than to a single company for audiovisual communication, and others may not hold more than 20% of the share capital.
  

(2) shares representing the share capital of companies holding authorizations for the exploitation of an audiovisual communication service may not be than nominative.
  

(3) Are exempted from the provisions of paragraph 1. (1) public legal entities referred to in article. 41. (4) No license shall be granted to parties ' emission or other political parties nor the public authorities.
  


Article 7 cable distribution Networks of audiovisual communications are the property of legal entities, whether public or private.


Article 8 (1) audiovisual Communication in the field of broadcasting and television sectors is based on the license and authorization decision issued under this law.
  

(2) broadcasting of programs via public networks owned by the autonomous public corporations in the field of telecommunications and other transmitting stations, which were technical authorization is performed only on the basis of license, indicating the respective stations or networks.
  

(3) for broadcasting Licenses for public legal persons referred to in art. 41 shall be issued without competition and free.
  


Article 9 autonomous public services. 41 are obliged to transmit on a priority basis and free of charge press releases or public interest messages received from Parliament, from the Romanian Presidency or from the Government.


Functionînd article 10 legal persons under this Act are obliged to inform the public about: a) the name, location, and name of the legal representative of the main 3 associates or members of the Management Board;
  

b audiovisual communication) services that we provide;
  

c) or the name of the producer.
  


Article 11 establishes the National Council of the audiovisual, autonomous public authority, who shall exercise their powers under the provisions of this law.


Chapter 2 Audiovisual Communication about radioelectrica section I emission License Article 12 (1) of the broadcasting License includes categories of information that will be available, depending on their nature, subject to public dissemination.
  

(2) the license shall be issued by the National Council of the audiovisual sector, as a result of a contest in which they can participate in applicants who have obtained prior technical opinion of the Ministry of communications and information technology. The opinion is given within 30 days of the request.
  

(3) conditions of participation in the contest and concrete criteria to break ties of the participants are brought to the knowledge of the public by the National Council of the audiovisual with at least 45 days before the date on which to run the contest.
  

(4) the criteria for licensing shootout airtime must ensure pluralism of opinions, equal treatment of participants, quality and diversification programmes, fostering free, of creation and of audiovisual production, the objective of the national culture, independence and impartiality of the broadcasts of public legal persons.
  

(5) access to socio-cultural, political, religious and other audiovisual programs applicants is made respecting the provisions of paragraphs 1 and 2. (4) under the conditions set by license.
  


Article 13 (1) the number of licenses for which the contest is organised is approved by the National Council of the audiovisual sector, with the opinion of the Ministry of communications and information technology.
  

(2) in determining the number of licences is compulsory technical conditions to ensure the quality of the transmission and of the international agreements in the field of radiocomunicatiilor.
  


Article 13 ^ 1 Removing the contest frequency for broadcasting stations of great power, the conditions for participation in the contest, and the winning criteria for licensing of broadcasting shall be established by decision of the Government.
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Art. 13 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 26 of 15 February 2001 published in the Official Gazette No. 98 of 26 February 2001.



Article 14 (1) shall be granted the license for broadcasting for a period of 9 years in the field of broadcasting, and television. The time-limit shall run from the date of obtaining the authorization decision.
  

(2) emission License is netransmisibila, and its amendment can only be made by the National Council of the audiovisual sector, under the conditions laid down in article 21. 12. (3) the expiry of organized, necessarily, a new contest.
  

(4) where, at the expiry of the period of validity of the license, the license is assigned to a new contest for the same locality and under the same conditions, other technical legal person than the owner, the latter will be able to continue broadcasting the program for not longer than until the entry into service of the new license holder, without however being able to overcome legal deadlines for the duration of the entry into service of the new broadcasting stations.
  

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Art. 14 was amended by EMERGENCY ORDINANCE nr. 48 of 21 April 1999, published in Official Gazette No. 173 of 23 April 1999; amended by EMERGENCY ORDINANCE nr. 26 of 15 February 2001 published in the Official Gazette No. 98 of 26 February 2001.


Article 15 the right resulting from emission license shall expire if the licensee does not request the Ministry of communications and information technology, within 30 days from the date of communication by the National Audiovisual Council the granting of the licence, authorization or technical operation if it exceeds, his fault, the term for issuing this authorization and the expiry of the period for which the license was issued except as otherwise provided in the second subparagraph of article:). 8 para. (2);
  

b) art. 14. (4) when the validity of the license and, implicitly, of an authorization and technical decision of approval shall be extended for such period not exceeding the time limits laid down by law for the entry into service of the new broadcasting stations.
  

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Art. 15 has been amended by EMERGENCY ORDINANCE nr. 48 of 21 April 1999, published in Official Gazette No. 173 of 23 April 1999; modified by law nr. 145 of 26 July 2000, published in MONITORUL OFICIAL nr. 354 of 28 July 2000.


Section II authorization decision Article 16 (1) authorization decision shall be granted by the National Council of the audiovisual, under license and technical operating authorization issued by the Ministry of communications and information technology.
  

(2) the decision shall be issued within 5 days of the presentation by the applicant of the authorization of the operation. Decision authorising or license, in the cases referred to in article 1. 8 para. (2), shall be published in the Official Gazette of Romania.
  

(3) the refusal of issue of the decision shall be made within the time limit referred to in paragraph 1. (2) and shall be motivated.
  

(4) Disputes arising from refusal of issue of the authorisation decision deciding according to the law on administrative courts.
  


Article 17 (1) Authorization operation technique, referred to in art. 16, contains technical parameters you equipment, attesting the conformity of installations with these parameters and what charges have to be paid. For the purpose of granting authorization, the Ministry of communications and information technology will establish, together with the applicant, the details and the steps to achieve emission stations.
  

(2) the authorization shall be issued within 15 days following receipt of the measurement station. The station must be completed no later than 18 months from the date of the application for authorization.
  

(3) the term of validity of permits operating technical is the one set out in art. 14. (1) article 18 (1) the Ministry of communications and information technology may propose to the National Council of the audiovisual, electromagnetic compatibility reasons, change frequency set out in the license, without interrupting the service, with the provision of and ensuring equivalent quality receptions, as well as other technical characteristics involved.
  

(2) the amendment shall be communicated to the holder within 30 days before the date of entry into force of the latter.
  

(3) the Ministry of communications and information technology will provide the National Audiovisual Council, upon request and to the extent possible, including frequent technical list available in the band 87.5 MHz-08, to replace those occupied 66-73 MHz band, for radio stations operating in this band and the only places where companies do not hold a license for broadcasting in band 87.5-108 MHz. These common will be communicated to the National Council of the audiovisual sector within 60 days the request. Within 30 days of receipt of the broadcasting frequency National Council will make the necessary changes in emission licenses, with deadlines for validity. 14. (1) holders will present licenses amended Ministry of communications and information technology, in order to obtain new technical approvals, required for the amendment of the decision of approval.
  

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Art. 18 was amended by EMERGENCY ORDINANCE nr. 48 of 21 April 1999, published in Official Gazette No. 173 of 23 April 1999; modified by law nr. 145 of 26 July 2000, published in MONITORUL OFICIAL nr. 354 of 28 July 2000.


Section III Authorization reception of audiovisual programmes transmitted via satellite in article 19 (1) Reception of audiovisual programmes transmitted by satellite, is done either with community facilities providing distribution for commercial purposes or individual installations.
  

(2) community For waste reception, authorization decision is issued by the Ministry of communications and information technology, on the basis of a licence granted by access satellite owners or those of transmission capacities.
  

(3) For individual reception may occur, put on sale and only use plants that have authorization type issued by the Ministry of communications and information technology.
  


Article 20 prohibited cable redistribution for commercial purposes or for terrestrial broadcasts on radioelectrica path of those receiving them holders of individual installations.


Chapter 3 the authorization of the audiovisual communication distributed wired Article 21 Through audiovisual communication services distributed by cable can be performed separately or cumulatively: retransmission of broadcast) about radioelectrica, terrestrial or satellite;
  

b) retransmission of audiovisual works recorded by various means c) broadcasting its own conception.
  


Article 22 (1) of the broadcasting License for broadcasting or cable television transmitted shall be issued by the National Council of the audiovisual sector and includes nature programs to be distributed, according to art. bulletins, articles. 12(3). 4. (2) the license shall be issued within 15 days from the date of the application, accompanied by the request of the community to be doing distribution, certified by the primary.
  

(3) the right deriving from the emission turns off license if the licensee does not request, no later than one year after its release, getting technical advance, if they do not ensure the achievement of the technical conditions for the issuance of the approval decision and upon the expiry of its validity.
  


Article 23 (1) Authorization officers cable distribution network is made by the Ministry of communications and information technology in two stages: a) prior technical approval issued within 15 days, under license and project network prepared by an establishment authorized, under the technical aspect, the Ministry of communications and information technology; in prior technical opinion will agree the term of realization of the works;
  

b) authorization decision issued within 30 days of the request, based on verifying the installation.
  

(2) The authorization decision is established and its period of validity, the duration of which shall not be greater than 10 years; the validity of the decision may be extended at the holder's request.
  


Article 24 of audiovisual Communications, belonging to the Ministry of national defense and the Ministry of the Interior, under the conditions fixed by them.


Chapter 4 National Council of Broadcasting in article 25 (1) National Broadcasting Council consists of 11 members, appointed by the President of Romania: a)-2 members;
  

b) Romanian Parliament-Senate and Chamber of Deputies-3 members each;
  

(c) the Government of Romania)-3 members, including a specialist in the field of telecommunications, a specialist in the field of broadcasting and a specialist in the field of television.
  

(2) Board members are guarantors of public interest in broadcasting and is not the authority which appointed them.
  

(3) the term of Office is 4 years.
  

(4) appointment of the members of the National Council of the audiovisual is done gradually, every 2 years, for half of their number.
  

(5) the furnishing of first Council 5 of its members will be appointed for a term of 2 years, as follows: a) the President of Romania-1;
  

b) Senate and Chamber of Deputies-1 member each;
  

c) Government-2 members.
  

(6) where a seat in the Council becomes vacant or if a member indisponibilitatii for a duration of more than 45 consecutive days, which made the appointment authority will appoint for the remainder of the unexpired duration, a new Member.
  


(7) the National Broadcasting Council members will have to cancel, the authority that appointed them, in case of violation of this law or of the Commission of criminal offences.
  


Article 26 (1) the Chairman shall choose, from 4 in 4 years and for a single term, by secret vote of the majority of its members.
  

(2) if it has not been possible to elect the President in the first round of the elections with majority referred to in paragraph 1. (1), voting is repeated between those who obtained the largest number of votes, until a two-thirds majority of at least six votes.
  

(3) In the absence of the Chairman for a period of more than 4 days or in the event of force majeure, this task shall be taken, in law, of the years in the Council.
  

(4) If the Office of President becomes vacant, shall elect, in accordance with paragraph 1. (1) and (2), an Acting President; upon the expiry of the interim President, it can be elected as President.
  


Article 27 Repealed.
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Art. 27 was repealed by anx. 10 of law No. 154 of 15 July 1998, published in MONITORUL OFICIAL nr. 266 of 16 July 1998.


Article 28 (1) a member of the National Broadcasting Council is incompatible with public or private functions, other than those teaching in institutions of higher learning.
  

(2) members of the Board and the technical apparatus cannot be part of the political parties or other political parties.
  


Article 29 the Board shall deliberate in the presence of at least 9 of its members, and decisions shall be adopted if they meet the vote of at least 6 members.


Article 30 National Council of Broadcasting has a budget of income and expenditure, which is part of the State budget.


Article 31 for the purpose of executing his duties as provided by law, the Council shall draw up its own rules of organization and functioning and constitute a technical apparatus.


Article 32 (1) the National Council of the audiovisual sector lays down binding rules concerning the transmission of information on disasters and to cases of necessity, advertising, scheduling and granting the right to replicate, sponsoring, how it resolves complaints, as well as rules relating to other aspects of the application of this law.
  

(2) the Council shall determine the terms and conditions for the submission of programmes for election campaigns.
  

(3) relating to the awarding of the licences of Debates broadcasting are public, and decisions taken and their motivation will be published in the Official Gazette of Romania.
  

(4) also give frequent advertising available for transmissions of radio and television to the public.
  


Article 33 (1) of the Broadcasting Council shall draw up, at the end of each year, a report on its activity and the way the authorisation holders abide by the obligations laid down in this law.
  

(2) the report shall be submitted to the Parliament.
  


Article 34 National Broadcasting Council shall exercise their powers under the control of Parliament.


Chapter 5 Responsibilities of article 35 (1) National Broadcasting Council shall monitor compliance with the obligations incumbent upon the broadcasting licence holders and the Ministry of communications and information technology, the conditions of authorization decision.
  

(2) in the event of breach of these obligations, the National Broadcasting Council or the Ministry of communications and information technology, where appropriate, addressed to the Board of Directors of the company concerned public remarks and has shaky legality.
  

(3) National Council of the audiovisual or Ministry of communications and information technology, as appropriate, shall designate one of its members to expose society's Board of Directors of the respective content of such submissions and to decide, together with it, the necessary measures for the cessation of violations; the measures will be implemented within a time limit fixed by a decision of the National Council of the audiovisual sector or, where appropriate, of the Ministry of communications and information technology.
  


Article 36 (1) The first violation of the provisions of this law, the holder of the authorization is summoned immediately.
  

(2) shall be made public by Domicile Media table.
  


Article 37 (1) where the holder of a licence or a licence for broadcasting any of its commitments and does not comply with the order received, the National Council of the audiovisual or Ministry of communications and information technology, where appropriate, can be applied against him, depending on the seriousness of the facts, either 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, take into account the turnover of the existence at the time of sanctions;
  

b suspension of authorization from) a month to 3 months;
  

c) reduction up to half of the total length of the authorization or licence;
  

(d) withdrawal of authorisation decision) or license; the retreat is mandatory where the holder of the authorization shall cease to issue, respecting the regularity and duration laid down in the decision, for reasons other than damage.
  

(2) Against sanctions, sanctioned person may make the complaint within 15 days of the notification to the Administrative Court in whose territorial RADIUS was illustrious deed.
  


Article 38 (1) shall constitute offences punishable by imprisonment from 6 months to 2 years, or with fine 200,000 lei to 800,000 lei the following acts: (a) issuing or relaying) programs without authorization, or without a license during suspension of broadcasting of their times;
  

(b) issue on another frequency) or radiant power or greater from a different location than those laid down in the decision of approval, if the author does not comply as soon as formal notice of the Ministry of communications and information technology.
  

(2) Somarea can be done through any means of communication and dissemination of those operating public networks of radio and television. Dissemination is done, free of charge, within 30 minutes of the request.
  

(3) if the Commission of the criminal offence referred to in subparagraph (a). a), the Court may order confiscation and technical equipment.
  


Article 39 the scheduling and broadcasting of television programs, in violation of the provisions of article 3. 2 (2). (1) to (4) constitutes infringement and is punishable with imprisonment: a) from 6 months to 5 years, in the case of paragraph 2. (1);
  

b) from 2 to 7 years, in the case of paragraph 2. (2);
  

c) from 3 to 10 years, in the case of paragraph 2. (3);
  

d) from 3 months to 2 years or a fine in the case of paragraph 2. 4. Article 40 (1) where are found committing offences in article 7. and article 38. 39, the National Council of the audiovisual or Ministry of communications and information technology, where appropriate, refer the matter to the prosecution and to suspend the decision of approval until final resolution of the case.
  

(2) the Prosecutor may order, at the request of the body that made the referral, the unavailability of technical equipment.
  


Chapter 6 transitional and final Provisions Article 41 Romanian public broadcaster is reorganized, by an organic law, in the public service of the autonomous broadcasting and television.


Article 42 For the activities of National Broadcasting Council and the Ministry of communications and information technology, for the issue of authorisation decision, charges are laid down by law.


Article 43 (1) For licenses and for authorisation decisions issued by the National Council of the audiovisual sector, as well as for technical operating permits issued by the Ministry of communications and information technology for broadcasting stations often Squeak tape 66-73 MHz is extended upon request, the period of validity until 31 December 2002, if there is no possibility of favouring technique according to art. 18 paragraph 1. 3. (2) within 30 days of the communication of the Ministry of communications and information technology of the list of common, National Broadcasting Council will make the necessary changes on the extension of the validity of the licences and their holders, will present their licenses amended Ministry of communications and information technology, for the purposes of prolongation of the authorisations for the same time period, after which it will be operated by the modification of the authorisation by the National Audiovisual Council.
  

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Art. 43 has been amended by law No. 109 of 3 October 1992 published in MONITORUL OFICIAL NR. 251 of 8 October 1992; as amended by law No. 62 of 22 September 1993, published in MONITORUL OFICIAL NR. 233 of 28 September 1993; amended by EMERGENCY ORDINANCE nr. 48 of 21 April 1999, published in Official Gazette No. 173 of 23 April 1999; modified by law nr. 145 of 26 July 2000, published in MONITORUL OFICIAL nr. 354 of 28 July 2000; amended by EMERGENCY ORDINANCE nr. 193 of 27 December 2001 published in the Official Gazette No. 848 of 29 December 2001.


Article 44 (1) within 30 days after the entry into force of this law shall constitute the National Audiovisual Council.
  

(2) expenditure on establishment and operation of National Broadcasting Council on the 1992 ensure government budgetary reserve.
  


Article 45 entry into force of the present law shall repeal any provisions to the contrary.
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The audiovisual Law nr. 48/1992 name Ministry of communications is replaced with the name of the National Agency for communications and information technology, according to art. 3 of the EMERGENCY ORDINANCE nr. 48 of 21 April 1999, published in Official Gazette No. 173 of 23 April 1999.
Throughout the audiovisual Law nr. 48/1992 "Ministry of communications" and the phrase "National Agency for communications and Informatics" are replaced by the words "Ministry of communications and information technology", in accordance with art. 3 of law No. 401 of 10 July 2001 published in the Official Gazette No. 393 of 18 July 2001.
This law was adopted by the Senate at its meeting on 9 April 1992, in compliance with the provisions of art. 74 para. (1) and of article 23. 77 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting of 19 May 1992, in compliance with the provisions of art. 74 para. (1) and of article 23. 77 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES MARTIAN D — — — — — — — — — — — —