Romania

Complaints procedure
Decision regarding the advertising, sponsorship and teleshopping, statutory:
– Complaints can be made to National Council of Audio-Visual (NAC).

-The NAC monitors, and controls compliance with obligations and sanctions infringements of Law no. 504/2002, the Audiovisual Law, as well as those of the decisions and instructions with law-making force issued for the purpose of the Audiovisual Law. Provisions regarding broadcasting licenses, licenses for the use of radio frequencies in a digital terrestrial system or technical authorizations, for whose compliance, supervision, control and sanctioning respectively are exempted from the provisions of the Audiovisual Law and are rightfully under the law of the National Authority for Administration and Regulation in Communications, in keeping with its lawful duties (Article 88(1) of Law No. 504/2002).

– 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.
–Violation by broadcasters or distributors of audiovisual media services of the provisions of Law no. 504/2002, the Audiovisual Law, regarding the advertising for alcoholic beverages within the programme services, constitutes an offence and is sanctioned by the NAC with a fine from 10,000 lei to 200,000 lei (Art. 90 of Law No. 504/2002).

Violation by broadcasters or distributors of audiovisual media services of the provisions of Decision No. 220/2011, the Regulatory Code of the Audiovisual Content, regarding the advertising for alcoholic beverages within the programme services, constitutes an infringement and is punished by the NAC with a public summon containing precise conditions and deadlines for entry into legality (Article 144(2) of Decision No. 220/2011). If the broadcaster or distributor does not abide by the law within the terms and under the conditions established in the summons or if he infringes again these provisions, a civil penalty from 5,000 – RON 100,000 shall be applied (Article 91(3) of Law No. 504/2002).

– When individualizing 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.