Romania Tightens Advertising Rules Under The New Audiovisual Code

Abstract

Romania's National Audiovisual Council (CNA) has implemented the new audiovisual code (Decision no. 573/2025), a landmark reform aligning national media law with the 2018 AVMSD Directive revision and the EU Digital Services Act. Key provisions became applicable in October 2025, including tighter controls on dietary supplement advertising  and related influencer marketing. The Code extends oversight into digital environments, strengthens protection of minors, defines and sanctions disinformation, tightens advertising standards, and introduces co-regulation with industry. This article reviews the Code's innovations, its position within EU law, CNA's early enforcement practice, and the implications for broadcasters, platforms, and content creators operating under Romanian jurisdiction.

1. Regulatory context and rationale

Romania's media ecosystem has changed markedly with the convergence of broadcast, on-demand streaming, and social platforms. The 2011 framework no longer met challenges such as online disinformation, exposure of minors, and hybrid advertising. The New Audiovisual Code modernises and harmonises the national approach across broadcast, on-demand, and online formats, aiming to balance freedom of expression with the public interest in a digital information space.

2. Core innovations

The Code widens CNA's jurisdiction beyond television and radio to include video-on-demand services and video-sharing platforms under Romanian jurisdiction. It clarifies legal concepts and raises baseline standards:

1. Definitions

• Disinformation - intentional dissemination of false or misleading information that harms individuals or the public interest;
• Incorrect information - unintentional falsehoods with harmful effects;
• Illegal content - material contrary to national law, including hate speech, incitement to violence, and child exploitation;
• Online content creator - a person with editorial responsibility for audiovisual material distributed online;
• Harmful content - depictions likely to cause fear, intimidation, or psychological distress, such as gratuitous violence.

2. Protection of minors - stricter conditions for minors' participation and age-gating for harmful content;
3. Mandatory warnings - clear on-screen notices such as “This material may affect the development of minors” or “Information in this programme has no scientific basis”;
4. Accessibility - progressive obligations for subtitling, sign-language interpretation, and audio description;
5. Advertising

• Gambling - tighter scheduling and no targeting of minors;
• Dietary supplements - no presentation as medical treatments and additional constraints relevant to influencer marketing.

6. Public-interest messages - distinct category covering human rights, public health, environmental protection, and emergency alerts;
7. European works - on-demand platforms must ensure visibility and prominence of European productions;
8. Co-regulation - CNA may partner with platforms and creators, and industry and public stakeholders to develop practical compliance mechanisms.

3. Strategic and legal risks

The Code reshapes compliance by extending broadcast-style obligations into the digital sphere, creating new exposure for platforms, agencies, and creators. Commercial communication, creative expression, and user-generated content can now come under the same regulatory scrutiny.

• Jurisdiction - the Code applies to services under Romanian jurisdiction, potentially including foreign platforms targeting local users
• Interpretation - terms like harmful content and incorrect information may be tested for vagueness
• Freedom of expression - courts will weigh public-interest protection against editorial autonomy
• Advertising liability - heightened risk in sensitive sectors
• Co-regulation commitments - participation can become binding once endorsed by CNA
• Litigation readiness - keep decision logs, approvals, and documentation for potential administrative challenges

4. Enforcement trajectory and judicial outlook

From broadcast regulator to online watchdog

CNA's powers historically focused on TV and radio. Following AVMSD transposition and DSA implementation, the Council began ordering the removal of illegal online audiovisual content on platforms such as TikTok, Facebook,  Instagram, YouTube, and X. The New Audiovisual Code formalises this role by defining illegal content, disinformation, and harmful content, and by extending authority to all audiovisual material under Romanian jurisdiction.

Litigation landscape

CNA decisions can be challenged in the administrative courts. In the initial phase, CNA held 27 public sessions, issued 103 orders concerning 282 online materials, and referred five cases to the Public Prosecutor. No court has publicly overturned or suspended these online decisions to date, and platforms have largely complied rather than contesting them.

Reversals and judicial endorsement

There are no public records of reversals or suspensions of CNA's online orders. Earlier litigation mainly concerned television sanctions, not digital enforcement. The continued validity of known orders suggests high de facto enforceability. Although comprehensive statistics are not yet available, the absence of judicial stays indicates that courts have so far supported CNA's authority. Future challenges will likely test procedural proportionality and freedom of expression under Article 10 ECHR. Until decided, CNA's expanded digital jurisdiction remains operational and largely untested by final judicial scrutiny.

5. Conclusion

The New Audiovisual Code marks a turning point, uniting broadcast and digital oversight under a single regime. By reinforcing child protection, combating disinformation, tightening advertising standards, and enabling co-regulation, Romania aligns with the EU's shared-responsibility model between regulators and platforms. For broadcasters, creators, and advertisers, compliance must now be end-to-end across formats: editorial accountability, transparent moderation, and content governance are mandatory. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.