Complaints procedure
Decision regarding the advertising, sponsorship and teleshopping, statutory:
– Complaints can be made to National Council of Audio-Visual.
– The supervision of the application, the control of the fulfillment of the liabilities and the sanctioning of infringements of the provisions of this Law is incumbent on the National Audiovisual Council and the National Regulatory Authority for Communications, in compliance with its attributions, granted by the law.
– The exertion of the control activity shall be accomplished under the terms of this Law, as follows: a) ex officio; b) on request of a public authority; c) as a consequence of a complaint handed in by a natural or legal person, directly affected by the infringement of the provisions of this Law.
– The infringement by radio-broadcasters or service distributors of the provisions of this Law, or of the decisions representing regulation norms issued by the Council, shall be considered contravention. The Council or, as the case may be, the National Regulation Authority for Communications, shall issue until applying the fine, a summons for becoming lawful, with precise terms. If the radio-broadcaster or the service distributor does not enter into legality within the terms and under the conditions established in the summons or if he again infringes these provisions, an infringement fine from ROL 25.000.000 – ROL 250.000.000 shall be applied.
– When individualising the sanctions, the National Audiovisual Council shall take into account per case the following: a) the seriousness of the fact and its effects; b) the previous sanctions, for a period not longer than one year; c) the day of the week and the broadcasting time span of the respective programme; d) the programme duration; e) the rating.
The Advertising Law, statutory:
The search for violations is done by:
– Consumer’s Protection Office
– Local Public Administration
– Ministry of Health
Complaints can be made to the same bodies. During a procedure a marketing practice can still be used. Sanctions, where appropriate, are imposed by the same bodies as mentioned above and can be a fine (Article 23).
Law regarding the social life and public order norms, statutory:
The search for violations is done by
– Local Public Administration
– Police
– Gendarmerie
Complaints can be made to the same bodies. During a procedure, a marketing practice can still be used. Sanctions, where appropriate, are imposed by the same bodies. Possible sanctions:
– A fine (Article 3) between 8 and 200 RON (between €2,5 and €70)
– Cessation of the activity in the public place for a period between 10 and 30 days.
– Jail from 1 to 6 months.
Article. 7: Minor offences are ascertained by the mayor or by his empowered persons, by the police inspectors, military officers, gendarmerie, employees hired with a work contract. If the minor offences for which the law foresees fine sanctions, the ascertaining agent applies both the ruling and the sanction.
Decision regarding certain measures for schoolchildren and students, statutory:
The search for violations is performed by Local Public Administration and Police. Complaints can be made to the same bodies.