Freedom of speech in Romania

Romania is a democratic republic with a parliamentary constitutional system. Its constitution in the current form was written in 1991 following the fall of the communist regime and revised in 2003. The second chapter of the Romanian constitution guarantees certain rights and freedoms for its citizens. As the constitution of all democracies it also protects, promotes and limits or defines the boundaries of freedom of speech. Other are: freedom of expression, right to information, access to culture, right to vote and be elected, freedom of assembly, right of association, right to strike, right of petition. All the rights and freedoms are specifically clarified and limited, however the final words of the second chapter of the constitution define the general rules that limit them. They thus shall be limited only by law for the defense of national security, of public order, health, or morals, of the citizens' rights and freedoms; conducting a criminal investigation; preventing the consequences of a natural calamity, disaster, or an extremely severe catastrophe. The thirtieth article, Freedom of expression, begins by stating that freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds or other means of communication in public are inviolable. Furthermore, censorship is prohibited and no publication can be suppressed. However, freedom of expression cannot be used as an excuse to harm the dignity, honor, privacy of a person, and to the right to one's own image or defame the country and its citizens and instigate to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality. Liability for the content generated by taking advantage of the freedom of expression falls upon the author or the publisher or those who disseminate the content. It is interesting that the article also mentions the right of the state to request that the media disclose their sources of financing. Though the following article refers to the right to information and discusses the requirement that the media provide correct information, it is

within the freedom of expression that one of the most important limitations of objective and correct information is included. In order to exercise freedom of expression properly, Romanian citizens are also guaranteed the right to information (chapter II, article 31 of the Constitution). This insures access to public interest information, and demands that both private and public media but also public authorities provide correct information. Audio-visual media is further regulated by an autonomous but parliamentary controlled organism The National Audio-Visual Council. It functions according to the rules of freedom of expression, pluralism and free competition. The institution is managed by a council of eleven members named by the Parliament for a six year period. The legal framework of the council is the Audiovisual Law no. 504/2002 passed by the government and its own Code for Regulating Audio and Visual Content. In its activity it also uses the Law for Preventing Pornography, the Law of Advertising and the Law for preventing incorrect practices of merchants in their relationship with the clients. The purpose of the organization is to insure that national television and radio channels correctly inform, respect the right to privacy and human dignity and protect minors. The organization is also responsible for giving broadcasting licenses. The Council is a controversial organization. Despite the fact that its boundaries are defined clearly and according to the law it is loved, feared and at times hated. While it protects the right of the Romanian audiovisual consumer to be correctly informed it also gives out serious fines for misinforming or incorrect content and does not allow advertisers to state whatever they may please ( Fanta is 100% natural fruit juice).

Bibliography The Chamber of Deputies of the Parliament of Romania Website, 2011:

http://www.cdep.ro/pls/dic/site.page?den=act2_2&par1=2#t2c2s0a53 (the Romanian Constitution)

The National Audio-Visual Council Website, 2011:

http://www.cna.ro