Everything you need to know about the Right to Reply in Romania
The legal framework for the right to reply
A. For written media (print and online), blogs, and public social media accounts – there is no specific legal framework. Reference can only be made to the Constitution of Romania, if applicable.
B. For TV and Radio (audiovisual) – we can refer to Law no. 504 of July 11, 2002, the Audiovisual Law, also known as the Audiovisual Content Regulation Code, to which is added CNA Decision No. 220 of February 24, 2011.
The right to reply in written media (print and online)
A. For all bloggers or those who publish information on a PUBLIC social media account: According to art. 30 para. 1 of the Romanian Constitution "The freedom to express thoughts, opinions or beliefs and the freedom of creations of any kind, through live speech, writing, images, sounds or other means of public communication, are inviolable."
Also, para. 6 of the same article provides that "Freedom of expression cannot prejudice the dignity, honour, private life of the person, nor the right to one's own image." Paragraph (8) of the same article of the Constitution provides: "The civil responsibility for the information or for the creation brought to public knowledge rests with the publisher or creator, the author, the organizer of the artistic manifestation, the owner of the means of multiplication, of the radio or television station, under the conditions’ laws.
Press offences are established by law." Furthermore, Article 31, para. 4 of the Constitution says: "The mass media, public and private, are obliged to ensure the correct information of public opinion."
B. For TV and Radio (audiovisual)
The provisions of art. 49 of Decision 220/2011 provides that "Any natural or legal person whose rights or legitimate interests have been harmed by the presentation of untrue facts in an audiovisual program benefits from the right to reply."
Art. 50 (1): "The right of reply cannot be requested: a) for opinions and value judgments expressed or to issue opinions and value judgments; b) in the situation where the broadcasters respected the audiatur et altera pars principle; c) in the situation where the reply to the reply is requested; d) in case the broadcaster responds to the accusations of a person, provided that it does not affect the rights or legitimate interests of a third party."
Art. 51 of Decision 220/2011 states that "(1) Any natural or legal person whose rights or legitimate interests have been damaged by the presentation of erroneous information in an audiovisual program benefits from the right to rectification. (2) Rectification cannot be requested if the error is not obvious and significant."
Art. 52 (1) The person who considers himself injured by the presentation of untrue facts or erroneous information in an audiovisual program, hereinafter referred to as the applicant, may ask the broadcaster, within no more than 15 days from the date of its broadcast, to review or rehear the program in Cause. (2) The broadcaster has the obligation to ensure access to the revision or re-listening of the program within 24 hours from the date of receipt of a written request, either directly, at the broadcaster's premises, or indirectly, by handing over a video or audio copy, as the case may be.
Art. 53 (1) Within no more than 15 days from the broadcast date of the program in which the infringement occurred, the applicant for a right to reply or rectification shall submit in writing, to the headquarters of the station that broadcast the incriminated program, a request that will contain, as the case may be, the following: a) his name and address, telephone number or coordinates of any other means that make it possible to contact him quickly and efficiently; b) the name of the show and the broadcast date; c) untrue facts for which the right of reply is requested or erroneous information for which rectification is requested; d) motivation of the request; e) the text of the reply, which must refer only to the disputed untrue facts.
Art. 54 (1) The request for the right to reply/rectification will be registered by the broadcaster, specifying the date and time of receipt, and the applicant will be given written proof of this. (2) If the broadcaster refuses to register the request, the applicant may directly address the National Audiovisual Council, hereinafter referred to as the Council, within no more than 30 days from the broadcast date of the program that caused the damage.
Art. 55 (1) The broadcaster may refuse to exercise the right to reply or rectify in the following situations: a) the request was not sent within the term and under the conditions provided for in art. 53; b) the broadcaster has evidence that proves the truth of the facts presented or, as the case may be, one of the conditions provided for in art. 50 and art. 51 para. (2); c) the length of the text of the reply far exceeds what is necessary for the right to reply and the injured person does not accept the shortening of the text.
Art. 56 (1) Within two days of receiving the request, the broadcaster is obliged to communicate, in writing, to the applicant either the day and time of broadcasting the right of reply or rectification or the reason for the refusal. (2) The reasoned refusal must specify the possibility for the applicant to address the Council within 30 days at most from the date of broadcasting of the program that caused the damage.
Art. 57 (1) The right of reply will be broadcast free of charge, without comments by the broadcaster, within a maximum of 3 days from the date of approval of the request, under the same conditions in which the rights or legitimate interests of the person were violated: within the same time slot, of the same broadcast, within the limits of the same duration and specifying the broadcast in which the damage occurred.
(2) If the next edition of the show in which the damage occurred is scheduled in a period longer than 7 days, calculated from the date of approval of the request, the right to reply is broadcast within a maximum of 3 days from this date, in the same time slot and specifying the show in which the damage occurred.
(3) The right of reply is exercised either by broadcasting on the station the direct intervention of the injured person, or by broadcasting a recording made by the broadcaster or the applicant; the recording made by the applicant must correspond to the technical standards used by the broadcaster.
(4) In the event that the applicant agrees, the right to reply may also be broadcast in the form of a written text.
Art. 58 (1) The right to rectification is exercised by broadcasting free of charge on the station, within a maximum of 3 days from the date of approval of the request, in the same time slot, some clarifications by which the broadcaster corrects the erroneous information that caused the damage, mentioning the broadcast in which the erroneous information and the date of its dissemination were presented. (2) The form of rectification must be agreed in advance with the injured person.
The possible formulations and recent examples of the right to reply
From the RIGHT TO REPLY type articles published in the last 5 years, we have selected some examples that deserve to be considered from several points of view.
Forming methods from a legal point of view (made with the support of renowned lawyers).
The modalities of diplomatic formulation with the aim of strengthening mutual respect and maintaining a good relationship with that publication in the future.
Professional training of those who sent the right of reply (eg DNA representatives, Ministry of Education representatives).
Example A:
"We draw attention to the fact that freedom of press information does not represent an unlimited right, but, on the contrary, implies responsibility.
When the information includes false, derogatory and inciting elements of hatred and disregard for the presumption of innocence, the injured person has the right to demand that those who commit such acts be held accountable.
Although we understand the role of the media in a democratic society, the manner in which aspects of the connection with the situation have been reported is inconsistent with reality, perverting precisely the previously mentioned role.
Thus, without responding punctually to all the false information presented, we only make some clarifications..." https://www.capital.ro/drept-la-replica-avocatul-lui-mario-iorgulescu-aduce-lamuriri-importante-in-caz.html
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Lighthouse PR, based in Bucharest, and its management team sit on the EU SME Development board and the CMO Council. It is also a valued member of the prestigious Crisis Communication Network Europe. It is the only member in Romania and SEE, with network offices in 14 countries across the EU.
