Video-sharing platforms now regulated under the audiovisual legislation

√     The National Audiovisual Council (CNA) acts as the authority overseeing video-sharing platforms
√     Notification obligation
√     Increased control over video content

Law no. 190/2022, which brings substantial amendments to Law no. 504/2002 on the audiovisual (Audiovisual Law), has entered into force on Sunday, 3 July 2022.

Most relevant amendments include:

  • The scope of the audiovisual law and regulations enacted by the National Audiovisual Council (CNA) now includes video-sharing platform services;
  • Applies to video-sharing platform service providers under the jurisdiction of Romania, or to video-sharing platform service providers under the jurisdiction of a non-EU state but whose content can be accessed on Romanian territory;
  • Video-sharing platform service providers will need to notify CNA of their intention to provide these services and will be enlisted on a special registry;
  • More transparency regarding advertising on user-generated content published on video-sharing platforms;
  • New rules regarding the advertising of alcoholic beverages and tobacco within on-demand audiovisual services are included, with a view to bolster the protection of audiovisual media consumers;
  • Minors better protected on audiovisual media: broadcasting programmes which may impair the physical, mental or moral development of children now also restricted on video-sharing platforms. Specific tools (e.g. age verification techniques) have to be put in place to prevent minors from accessing such content. The processing for commercial purposes, such as direct marketing, profiling and behaviourally targeted advertising of personal data of minors is prohibited;
  • Audiovisual media service providers must gradually implement measures to ensure accessibility for disabled persons;
  • CNA now empowered to order the removal or restriction of non-compliant content on video-sharing platforms and implement compliance measures.

 

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