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Law No. 148 Of 26 July 2000 On Advertising

Original Language Title:  LEGE nr. 148 din 26 iulie 2000 privind publicitatea

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LEGE no. 148 148 of 26 July 2000 (* updated *) on advertising ((updated until 27 July 2008 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 This law aims to protect consumers from products and services, the protection of people who carry out a production activity, trade, perform a service or practice a profession or a profession. ----------- Article 1 has been amended by section 1. 1 1 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 2 Repealed. ----------- Article 2 was repealed by point (a). 2 2 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 3 Repealed. ----------- Article 3 was repealed by point (a). 2 2 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 4 For the purposes of this Law, the following terms shall be defined a) repealed; ----------- Lit. a) of art. 4 4 has been repealed by section 6.6. 3 3 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. b) repealed; ----------- Lit. b) of art. 4 4 has been repealed by section 6.6. 3 3 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. c) repealed; ----------- Lit. c) of art. 4 4 has been repealed by section 6.6. 3 3 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. d) subliminal advertising-any advertising that uses stimuli too weak to be consciously perceived, but which can influence a person's economic behavior; e) person-any natural or legal person; f) minor-any natural person aged up to 18 years; g) repealed; ----------- Lit. g) art. 4 4 has been repealed by section 6.6. 3 3 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 5 Advertising must be decent, fair and elaborate in the spirit of social responsibility. + Article 6 Advertising shall be prohibited which: a) repealed; ----------- Lit. a) of art. 6 6 has been repealed by section 6.6. 4 4 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. b) is subliminal; c) prejudices respect for human dignity and public morals; d) includes discrimination based on race, gender, language, origin, social origin, ethnic identity or nationality; e) attacks on religious or political beliefs; f) damages the image, honor, dignity and particular life of persons; g) exploit superstitions, credulity or fear of persons; h) prejudices the security of persons or incites violence; i) encourage behaviour that prejudicial to the environment; j) favours the marketing of goods or services that are produced or distributed contrary to legal provisions. + Chapter II Misleading advertising and comparative advertising + Article 7 Repealed. ----------- Article 7 was repealed by point (a). 5 5 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 8 Repealed. ----------- Article 8 was repealed by point (a). 5 5 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 9 Comparisons referring to a special offer must indicate, clearly and unequivocally, the date on which the offer ends or, where applicable, the fact that the special offer relates to the stock of goods or services available, and if the special offer has not yet started, the start date of the period during which the special price or other specific conditions apply. + Chapter III Special provisions on advertising of certain products + Article 10 Explicit advertising shall be prohibited for tobacco products: a) broadcast in the broadcasting and television programmes; b) repealed; ----------- Lit. b) of art. 10 was repealed by par. ((2) art. 7 of LAW no. 457 457 of 1 November 2004 , published in MONITORUL OFFICIAL no. 1.067 1.067 of 17 November 2004. c) on travel tickets for public transport. + Article 10 ^ 1 Explicit advertising for alcoholic beverages shall be prohibited: a) on the first and last cover or page of printed materials in the written press; b) on travel tickets for public transport. ----------- Article 10 ^ 1 has been introduced by item 1. 2 2 of the single article of LAW no. 283 283 of 15 May 2002 , published in MONITORUL OFFICIAL no. 368 368 of 31 May 2002. + Article 11 Advertising for alcoholic beverages and tobacco products shall be prohibited in the premises of educational establishments and healthcare establishments or at a distance of less than 200 metres from their entry, measured on the public road. + Article 12 Advertising for alcoholic beverages and tobacco products is not permitted in publications intended mainly for minors, in the auditoriums before, during and after the performances intended for minors. + Article 13 ((. Advertising for alcoholic beverages and for tobacco products shall not be permitted under the conditions in which: a) is addressed to minors; b) depicts minors consuming these products; c) suggest that alcoholic beverages or tobacco products are equipped with therapeutic properties or that they have a stimulating, sedative effect or that they can solve personal problems; d) give a negative image of abstinence; e) highlight the alcohol content of alcoholic beverages, in order to stimulate consumption, or link alcohol and driving a vehicle; f) does not contain warning signs, in Romanian, for tobacco products. (2) The text of the warning and its dimensions will be established by order of the Minister of Health, within 30 days from the publication of the present law in the Official Gazette of Romania, Part I. + Article 13 ^ 1 (1) Advertising to spirits, as defined in the Order of the Minister of Agriculture, Food and Forestry, the Minister of Health and Family and the President of the National Authority for Consumer Protection no. 268 / 441 / 117/2003 for the approval of the Rules on the definition, description and presentation of spirits, published in the Official Gazette of Romania, Part I, no. 573 of 11 August 2003, as amended, is permitted only in the case of the broadcast via the written press, the radio, and the television. (2) The dissemination of advertising to spirits in audiovisual programmes shall be carried out in accordance with the provisions of Decision of the National Audiovisual Council no. 254/2004 on advertising, sponsorship and teleshopping, published in the Official Gazette of Romania, Part I, no. 668 668 of 26 July 2004. ------------ Article 13 ^ 1 was introduced by art. I of ORDINANCE no. 90 90 of 26 August 2004 , published in MONITORUL OFFICIAL no. 799 799 of 30 August 2004. + Article 14 It is prohibited to advertise narcotic and psychotropic substances. + Article 15 It shall be prohibited to advertise, in places other than those of trade, for any type of weapons, ammunition, explosives, pyrotechnic methods and means, with the exception of weapons intended for hunting or sports and panoply. + Article 16 For products and services intended for minors, advertising is prohibited which: a) contains elements that harm them from a physical, moral, intellectual or mental point of view; b) indirectly encourage children to buy products or services, taking advantage of their lack of experience or credulity; c) affect the special relationships that exist between minors, on the one hand, and parents or teachers, on the other hand; d) presents, unjustifiably, minors in dangerous situations. + Article 17 Advertising is only allowed for medicinal products that are issued without a prescription, for which advertising materials will be approved by the National Medicines Agency. + Chapter IV Sanctions + Article 18 The author, the advertising producer and the legal representative of the means of broadcast respond jointly and severally with the person who advertises, in case of violation of the provisions of this law ----------- Article 18 has been amended by section 6.6. 6 6 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. + Article 19 If the person who advertises is not based in Romania or if he cannot be identified, the liability lies, as the case may be, to his legal representative in Romania, to the author, advertising producer or legal representative of the middle of the broadcast. + Article 20 (1) The person who advertises must be able to prove the accuracy of the claims, indications or presentations of the advertising notice and is obliged, at the request of the representatives of the institutions and authorities provided for in art. 24, provide the documents to prove their accuracy. ((. If the documents are not provided within a maximum of 7 days after the request or if they are deemed insufficient, the statements in the advertisement in question shall be deemed inaccurate. + Article 21 This law does not exclude the self-control of advertising by professional organizations with the role of self-regulation in the field of advertising and the right of persons to address these organizations directly. + Article 22 Violation of the provisions of this law attracts material, civil, contravention or criminal liability, as the case may + Article 23 (1) It constitutes contraventions, if not committed under such conditions that, according to the criminal law, it is considered crimes, and is sanctioned as follows: a) violation of art. 15 -17, with a fine of 500 lei to 1,500 lei *); b) violation of art. 9-14, with a fine of 1,500 lei to 4,000 lei. ----------- Lit. b) a par. ((1) of art. 23 23 has been amended by section 4.2 7 7 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. (2) Sanctions may also apply to legal persons. + Article 24 (1) Contraventions provided in art. 23 it is found and is sanctioned when the injured persons or associations of consumers or ex officio are notified by: a) the authorized representatives of the Consumer Protection Office, in case of violation of the provisions of art. 9 9 and art. 13 lit. a) and b); ----------- Lit. a) a par. ((1) of art. 24 24 has been amended by section 4.2 8 8 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. b) authorized representatives of the local public administration, for violation of the provisions of art. 6 lit. c), d), e), f), g) and i), of art. 10 lit. c), of art. 11 11, of art. 13 lit. f) and art. 15 15; c) the authorized representatives of the Competition Office, for violation of the provisions of art. 8 lit. d), e), f), g), h) and i); d) authorized representatives of the Ministry of Health, for violation of art. 13 lit. c), d), e) and f) and art. 14 14, 16 and 17; e) the authorized representatives of the National Audiovisual Council, for violating the provisions of art. 10 lit. a). ----------- Lit. e) a par. ((1) of art. 24 24 has been amended by section 4.2 8 8 of art. 23, Cap. IV of LAW no. 158 158 of 18 July 2008 , published in MONITORUL OFFICIAL no. 559 559 of 24 July 2008. (2) The bodies empowered to find and sanction contraventions may require professional organizations with a role of self-regulation provided in art. 21 the formulation of a specialized point of view. + Article 25 Institutions and authorities referred to in art. 24 may order, with the application of the contravention sanction, the following measures, as appropriate: a) prohibition of advertising, if it has been broadcast or is to be broadcast; b) the cessation of advertising until the date of its correction; c) the publication of the decision of the public authority, in whole or in part, and the establishment of the manner in which d) publication at the expense of the offender of one or more amending notices, with the fixing of the content and the mode of dissemination. + Article 26 Contraventions provided for in art. 23 are also applicable to the provisions of Law no. 32/1968 * *) on the establishment and sanctioning of contraventions, as amended, except art. 25-27 of that law, as well as those of Law no. 11/1991 on combating unfair competition. + Chapter V Final provisions + Article 27 The Government, on the proposal of its specialized bodies, will approve, on the basis of this law, specific regulations on advertising, except for the one within the audiovisual programs. + Article 28 (1) This law shall enter into force within 90 days of its publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, any contrary provisions shall be repealed. This law was adopted by the Chamber of Deputies at the meeting of June 29, 2000, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution.
p. PRESIDENT
CHAMBER OF DEPUTIES,
MIRON TUDOR MITREA This law was adopted by the Senate at the meeting of June 29, 2000, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution.
p. SENATE PRESIDENT,
ULM NICOLAE SPINEANU -----