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list of contributors - GALA

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5. Topic: Advertising Covers<br />

When: March 2005<br />

What Happened: Between March 25 and March 28, 2005, “Antena 1” TV station broadcast<br />

groups <strong>of</strong> spots at the beginning <strong>of</strong> which shots from an advertising spot for<br />

Kandia chocolate were inserted, without clearly indicating through neutral<br />

advertising its separation from other parts <strong>of</strong> the programs. The NAC<br />

deemed that the provisions <strong>of</strong> Decision No. 254/2004, Art. 12, para. (1) had<br />

been breached and issued Decision No. 233/2005 requiring the TV station to<br />

comply with the law.<br />

The NAC later determined that “Antena 1” had continued to broadcast the<br />

advertising spots after having received the public summons, breaching the<br />

same legal provisions for which it had been punished. The NAC issued<br />

Decision No. 240/2005 whereby it imposed on the station a ROL 25,000,000<br />

(approximately USD 900) fine for the breach <strong>of</strong> Decision No. 254/2004, Art.<br />

12, para. (1).<br />

Comments: According to Decision No. 254/2004, Art. 12, para. (1), advertising spots have<br />

to be clearly separated by neutral advertising from the audiovisual<br />

programs.<br />

6. Topic: Contest show<br />

When: February 2005<br />

What Happened: In a contest show broadcast on February 21, 2005 on “TVR 1” TV station, the<br />

public was not provided with clear information regarding the tariffs charged<br />

by telephone services suppliers, i.e., the price displayed did not include VAT<br />

and the fonts <strong>of</strong> the tariffs displayed were smaller than those used for the<br />

telephone and SMS numbers. Also, the station did not inform the public <strong>of</strong><br />

the fact that children under 16 years <strong>of</strong> age may not participate in the contest.<br />

The NAC established that the legal provisions regulating the conditions to be<br />

fulfilled upon broadcasting such shows were breached. The NAC issued<br />

Decision No. 171/2005 summoning TVR 1 to immediately comply with such<br />

legal provisions.<br />

Comments: According to Decision No. 254/2004, Art. 8, the communication <strong>of</strong> the<br />

telephone numbers <strong>of</strong> the telephone services within a show/program in order<br />

to invite the public to participate in a prize contest or televoting, or to express<br />

their opinion, must observe the following requirements:<br />

a) provide the public with clear information regarding the tariffs<br />

charged by the telephone services suppliers ;<br />

b) correctly inform the public with regard to the conditions and modality<br />

to take possession <strong>of</strong> the <strong>of</strong>fered prize, including the potential costs.<br />

According to Art. 8, para. (2), within the framework <strong>of</strong> television programs,<br />

the tariff charged by the telephone services supplier must be presented in a<br />

legible manner by displaying it in the same font characters and size as the<br />

telephone number.<br />

7. Topic: Advertising and Tobacco and Tobacco Products<br />

When: November 2004<br />

Legislation: Law No. 457/2004 regarding advertising and sponsorship for tobacco<br />

products (“Law No. 457/2004”)<br />

What Happened: On November 1, 2004, the Romanian Parliament adopted Law No. 457/2004,

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