HCCJ. Television advertising. Failure to comply with broadcast rules

High Court of Cassation and Justice has ruled that presentation of informations by television about the commercial activity of a legal person, in case of a bank, in order to promote its services constitute advertising, subject to the conditions of broadcast provided by the art. 27 para. (1) of the Broadcasting Act no. 504/2002, according to which advertising must be readily identifiable and may be separated from other parts of the program by optical and / or acoustic and / or spatial. In this case, the High Court held that the information was presented in a series of advertisements running in text form at the bottom of the screen (the crawl), which does not constitute compliance with these legal provisions on disclosure as not crawl is a screen sharing, editorial content is inserted into a flowing ribbon on public information. As a result, the High Court held that the correct penalty fine imposed by the National Audiovisual Council for violation of Art. 27 para. 1 of Law no. 504/2002. (Decision no. 3543 of 17 June 2011 issued by the Department of Administrative and Fiscal of the High Court of Cassation and Justice for annulment of the decision imposing sanctions CNA).

:: The source: JURIDICE.ro

Oana-Maria CHIRIȚĂ

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