Romanian government adopted the Emergency Ordinance to modify the Romanian Audiovisual Law, as sources from within National Audiovisual Council informed. The adopted ordinance includes some changes compared to the initial version:
In the new formula, the ordinance says:
• CNA members should have at least 5 years of activity in audiovisual and not be relatives with Romanian president, presidents of the 2 Parliament chambers or members of the government. Compared to the initial version, the possibility for CNA members to be released from function every day, if their activity report is rejected by Parliament, was excluded.
• There can be broadcasted at most 3 isolated ads in each part of a sports competition
• Rebate, that put advertising industry on fire, stays outside the law: “intermediaries cannot receive other payment or counter-prestation than the one paid by the final beneficiary of televised advertising in order to renumerate received services and no other material advantage, no matter its nature, from the broadcaster.”
• The fines for TV channels will be harder to apply. If the TV station is disputing the fine, it is applied only after a definitive decision of the instance
• Cable companies risk high fines – 1-3% of turnover – if they do not respect the new rules: the TV stations must be arranged in order of their audience and must have the same quality of transmission. If TV stations can get the fine postponed, when it comes to cable companies, disputing fines in court doesn’t suspend it being applied
• The ordinance maintain articles that say that any rebate or financial advantage, no matter its nature, given by a broadcaster, must be mentioned on the invoice given to the advertising client. Also, there was also kept the mention that the price of advertising, but also discounts, must be communicated to all 3 parts: broadcaster, advertising agency and client
The Ordinance was adopted without any consultations with the players on the media market. There was no justification for that and, asked why the market wasn’t consulted in this, Government spokesman only answer was “I don’t know”.