RomaniaLegea nr. 504/2002 (Legea audiovizualului), art. 39, Minors Protection in Television, Radio, and On-Demand Audiovisual Media Services
Legea audiovizualului nr. 504 din 11 iulie 2002 art. 39, astfel cum a fost modificat prin Legea nr. 190 din 28 iunie 2022, în forma consolidată
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://legislatie.just.ro/Public/DetaliiDocument/307700In force since .
An adult content age verification (AV) rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Applies to providers of audiovisual media services under Romania's jurisdiction, which covers television and radio program services and on-demand audiovisual media services (art. 1 pct. 1 and art. 39(1)).
- Make audiovisual media services that could impair minors' physical, mental or moral development available only in a way that ensures minors will not normally hear or see them, for example by selecting the broadcast time, using age-verification tools or applying other technical measures, in proportion to the potential harm of the program (art. 39(1)).no control in the NIST Privacy Framework
- Apply the strictest measures to the most harmful content, such as unjustified violence and pornography (art. 39(1)).no control in the NIST Privacy Framework
- Do not process minors' personal data collected or otherwise generated in applying art. 39(1) for commercial purposes such as direct marketing, profiling or behaviorally targeted advertising (art. 39(2)).NIST Privacy FrameworkCT.PO-P1
- Give the public sufficient information about content that may impair minors' development, using a system that describes the potentially harmful nature of the content of an audiovisual media service; such a system may be set up through co-regulation or self-regulation under art. 6^1 (art. 39(3)).no control in the NIST Privacy Framework
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureNo
Penalty structure
Art. 90(1)(g) names art. 39 among the provisions whose breach is a contravention fined 10,000 to 200,000 lei (art. 90(2)), and where CNA decides that the effects of an art. 90(1) breach are minor, it addresses a public notice to come into compliance (art. 90(3)). Art. 91(1) separately names art. 39(1): for those breaches CNA first issues a notice setting conditions and terms for compliance, and a fine of 5,000 to 100,000 lei applies only if the provider does not comply in that time or violates the provisions again (art. 91(2) and (3)). Art. 39(2) and (3) are named only in art. 90(1)(g).
- Rule
- Fixed only
- As of
- Minimum
- 10,000
- Currency
- RON
- Fixed cap
- 200,000
Who enforces it
Enforcement body
Consiliul Național al Audiovizualului (CNA, National Audiovisual Council)
Settledness
- As of
- Open questions
- Which of the measures named in Article 39(1) of the Legea audiovizualului nr. 504/2002, 'selectarea orei de difuzare, instrumente de verificare a vârstei sau alte măsuri tehnice' (choice of broadcast time, age-verification tools or other technical measures), must a provider apply to content that may affect minors, when the paragraph says only that the measures may include these and must be proportionate to the potential negative effects?
What it reaches
Covered services
Linear television and radio broadcasting services, and audiovisual media services made available on demand
How the hook was established
express
What makes it apply
Operator establishment
Obligation class
Access restriction
What it makes you log
Logging duty
Article 39(1) requires a media service provider to make harmful services available only in a way that normally keeps minors from hearing or seeing them, by scheduling, age-verification tools or other technical measures, and Article 39(3) requires an information system describing harmful content. Neither paragraph requires a log or a record of age checks to be kept or produced, and Article 39(2) bars commercial processing of minors' data collected in applying paragraph 1 without setting a retention rule.
- Kind
- None
- As of
What this law does
The Audiovisual Law (Legea audiovizualului 504/2002) was adopted and remains in force, amended repeatedly since. Legea 190/2022 of , published in the Monitorul Oficial, issue 651 of , replaced art. 39 with its present text and repealed art. 39^1. The consolidated text dates both changes to .
Under art. 39(1), audiovisual media services provided by providers under Romania's jurisdiction that could impair minors' physical, mental or moral development may be made available only in a way that ensures minors will not normally hear or see them.
The measures may include selecting the broadcast time, age-verification tools or other technical measures, and must be proportionate to the potential harm of the program, with the most harmful content, such as unjustified violence and pornography, subject to the strictest measures. The law's definition of an audiovisual media service includes television and radio program services and on-demand audiovisual media services, so the duty covers on-demand providers as well as broadcasters.
Art. 39(2) prohibits the commercial processing of minors' personal data collected or otherwise generated by providers in applying art. 39(1), for purposes such as direct marketing, profiling and behaviorally targeted advertising.
Art. 39(3) requires providers to give the public sufficient information about content that may impair minors' development, using a system that describes the potentially harmful nature of the content, which providers may set up through co-regulation or self-regulation under art. 6^1.
A breach of art. 39 is a contravention, and art. 90(1)(g) names art. 39 among the provisions fined 10,000 to 200,000 lei. Art. 91(1) separately names art. 39(1), for which the Consiliul Național al Audiovizualului (CNA) first issues a notice setting conditions and terms for compliance, and a fine of 5,000 to 100,000 lei applies only if the provider does not comply in that time or violates the provisions again.
When LexLint raises it
When your app profile says your app publishes adult content.
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