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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Law No. 148 of 26 July 2000 (* updated *) on advertising (updated until 27th July 2008 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Chapter I General provisions Article 1 this law aims at the protection of consumers of goods and services, protection of persons carrying on an activity in the production, trade, providing a service or practice a trade or profession.
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Art. 1 was amended by section 1 of article. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 2 Repealed.
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Art. 2 was repealed by section 2 of art. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 3 Repealed.
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Art. 3 has been repealed by section 2 of art. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 4 for the purposes of this law, the following terms shall be defined as follows: a) repealed;
  

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Lit. the article) 4 has been repealed by section 3 of article 9. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

b) repealed;
  

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Lit. b) art. 4 has been repealed by section 3 of article 9. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

c) repealed;
  

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Lit. c) art. 4 has been repealed by section 3 of article 9. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

d subliminal advertising)-any advertiser who uses stimuli too weak to be perceived consciously, but that may influence the economic behaviour of a person;
  

e) person-any natural person or legal entity;
  

minor f) — any person at the age of 18 years;
  

g) repealed;
  

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Lit. g) of art. 4 has been repealed by section 3 of article 9. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 5 advertising should be fair and decent, to be developed in a spirit of social responsibility.


Article 6 prohibits publicity that repealed: (a));
  

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Lit. the article) 6 has been repealed by paragraph 4 of art. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

b) is subliminal;
  

c) harms respect for human dignity and public morality;
  

d) includes discrimination based on race, sex, language, origin, social background, ethnic identity or nationality;
  

e) oppose religious or political beliefs;
  

f) harm the image, honour, dignity and privacy of individuals;
  

g) exploiting the superstitions, credulity or fear;
  

prejudicial to the security of persons) or incites violence;
  

I) encourage behaviour prejudicial to the environment;
  

j) favors the marketing of goods or services which are products or distributed legal provisions to the contrary.
  


Chapter II, misleading advertising and comparative advertising Article 7 Repealed.
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Art. 7 was repealed by section 5 of art. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 8 Repealed.
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Art. 8 was repealed by section 5 of art. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 9 the comparisons which refers to a special offer shall indicate, clearly and unambiguously, the date when the offer or, if appropriate, that the special offer refers to stock goods or services available, and if the special offer has not yet begun, the date of commencement of the period in which the special price or other specific conditions.


Chapter III specific provisions relating to advertising of certain products article 10 prohibits explicit advertising for tobacco products: a) broadcast in the radio and television broadcasting;
  

b) repealed;
  

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Lit. b) art. 10 was deleted from paragraph 1. (2) of article 9. 7 of law No. 457 of 1 November 2004, published in Official Gazette No. November 17, 2004 1,067.

c) on travel tickets for public transport.
  


Article 10 ^ 1 is prohibited advertising for alcoholic beverages explicit: a) on the first and on the last page of cover or printed in print;
  

b) on travel tickets for public transport.
  

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Art. 10 ^ 1 was introduced by section 2 of article in law No. 283 of 15 May 2002, published in Official Gazette No. 368 of 31 May 2002.


Article 11 prohibits the advertising of alcoholic beverages and tobacco products for inside of schools and healthcare facilities or at a distance of less than 200 meters from the entry thereof, measured on the public road.


Article 12 Advertising for alcoholic beverages and tobacco products is not permitted in publications intended for minors, the shows before, during and after the shows intended for minors.


Article 13 (1) Advertising for alcoholic beverages and tobacco products is not permitted in circumstances where: (a)) shall be addressed to minors;
  

b) depict minors consuming these products;
  

c) suggest that alcoholic beverages or tobacco products are equipped with therapeutic properties or to have a stimulative effect, or that can resolve sedative personal problems;
  

d) give a negative image about abstinence;
  

e) highlights of alcohol content of alcoholic beverages, in order to stimulate consumption, or make the connection between alcohol and driving a vehicle;
  

f) does not contain inscriptions-warning, in Romanian language, for tobacco products.
  

(2) the text of the warning and its size will be laid down by order of the Minister of health shall, within 30 days of the publication of this law in the Official Gazette of Romania, part I.
  


Article 13 ^ 1 (1) Advertising of spirit drinks as defined in the order of the Minister of agriculture, food and forests, the Minister of health and family and the President of the national authority for consumer protection no. 268/441/117/2003 approving the rules on the definition, description and presentation of spirit drinks, published in the Official Gazette of Romania, part I, no. 573 of 11 august 2003, with subsequent amendments, shall be permitted only in case running through the print media, radio, and of through the tv.
  

(2) dissemination of advertising of spirit drinks in audiovisual programmes is subject to the provisions of the National Audiovisual Council Decision No. 254/2004 concerning advertising, sponsorship and teleshopping, published in the Official Gazette of Romania, part I, no. 668 of 26 July 2004.
  

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Art. 13 ^ 1 was introduced by art. 1 of ORDINANCE No. 90 of 26 august 2004, published in Official Gazette No. 799 of 30 august 2004.


Article 14 prohibits the advertising of drugs and psychotropic substances.


Article 15 prohibits advertising in places other than the sale of any type of weapons, munitions, explosives, pyrotechnical ways and means, with the exception of weapons intended for hunting or sport and panoply.


Article 16 in respect of products and services intended for minors is prohibited advertising: a) contains elements that harm them physically, morally, intellectually or psychologically;
  

b) indirectly encourages children to buy products or services, taking advantage of the lack of experience or their credulity;
  

(c) special relations which affects) exist between, on the one hand, and parents or teachers, on the other hand;
  

d) presents, unreasonably show minors in dangerous situations,.
  


Article 17 Advertising is only permitted for medicinal products, which shall be issued without a prescription, for advertising material shall be approved by the national agency of medication.


Chapter IV Penalties article 18 advertising Author, principal Director and legal representative of the broadcast respond jointly with the person who advertise, in case of violation of the provisions of this law.
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Art. 18 was amended by section 6 of article. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.


Article 19 if the person who does not advertise is based in Romania, or can be identified, responsible, where applicable, the representative or legal in Romania, author, producer or the legal representative of the means of dissemination.


Article 20 (1) a person who makes publicity must be in a position to prove the accuracy of claims, indications or presentations from your ad and ad is obliged, at the request of the representatives of institutions and authorities referred to in article 1. 24, to provide documents showing their accuracy.
  

(2) where documents are not provided within 7 days of the request or if they are deemed insufficient, the announcement advertising the cause will be considered inaccurate.
  


Article 21 this Act does not preclude the self-control of the advertising professional organizations involved in the field of self-regulation of advertising nor the right of individuals to apply directly to these organizations.


Article 22


Violation of this law shall entail liability, civil, administrative or criminal, as appropriate.


Article 23 (1) shall constitute offences, unless they have been perpetrated in such conditions that, according to the criminal law, be regarded as offences, and shall be imposed as follows: (a) violation of article 10.) 15-17, with a fine of from 500 to 1,500 lei lei);
  

b) breach art. 9-14, with fine from 1,500 to 4,000 lei lei.
  

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Lit. b) of paragraph 2. (1) of article 1. 23 amended by point 7 of article. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

(2) the penalties may apply and to legal persons.
  


Article 24 (1) the Offences referred to in articles. 23 it is noticed and it penalizes the referral of injured persons or associations of consumers or ex officio, by: a) representatives empowered you consumer protection Office, in case of violation. 9 and art. 13 lit. the a and b));
  

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Lit. of paragraphs 1 to 5). (1) of article 1. 24 has been amended by section 8 of article. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

b) empowered representatives of local public administration, for the violation of art. 6 lit. c), d), (e)), f), g) and (i) of article 5). 10 lit. c), art. 11, of art. 13 lit. f) and art. 15;
  

c) empowered representatives of the competition Office, you for violation of art. 8 lit. d), e, f)), g), (h) and (i)));
  

d) empowered the Ministry of Health representatives, for violation of art. 13 lit. c), d), (e) and (f))) and art. 14, 16 and 17;
  

e) empowered representatives of national broadcasting, for violation of art. 10 lit. a).
  

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Lit. s) para. (1) of article 1. 24 has been amended by section 8 of article. 23, chap. IV of law No. 158 of 18 July 2008, published in MONITORUL OFICIAL nr. 559 of 24 July 2008.

(2) the competent bodies to find and penalize offences may apply for professional organizations with self-regulatory role. 21 a specialized point of view.
  


Article 25 the institutions and authorities referred to in article 1. 24 may, together with the application of administrative sanctions, following, where appropriate: (a) the prohibition, advertising) where he was released or to be released;
  

b) cessation of advertising up to date of the correction;
  

c) publication of the decision of the public authority, in whole or in part, and decide how it is to be performed;
  

(d) the offender's own expense) the publication of one or more corrective ads with content and fixing method of dissemination.
  


Article 26 Offences referred to in articles. 23 applicable to them and the provisions of law No. 32/68 *) relating to the establishment and sanctioning violations, with subsequent amendments, with the exception of art. 25-27 of the said regulations, as well as those of law No. 11/1991 on combating unfair competition.


Chapter V final provisions article 27 the Government upon the proposal of its bodies, will approve, on the basis of this law, specific rules on advertising, with the exception of audiovisual programmes.


Article 28 (1) this law shall enter into force within 90 days after its publication in the Official Gazette of Romania, part I.
  

(2) on the date of entry into force of this law shall be repealed any provisions to the contrary.
  

This law was adopted by the Chamber of deputies at its meeting on 29 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

p. CHAMBER of DEPUTIES PRESIDENT, MIRON TUDOR MITREA this law was adopted by the Senate at its meeting on 29 June 2000, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.

p. NICHOLAS, PRESIDENT of the SENATE ULM SADR--