1. The entry into force of the new Audiovisual Code
Generally speaking, the new Audiovisual Code brings some quality-of-life changes and legal texts meant to align the Romanian framework to European standards and to the current reality of media services, particularly in relation to Directive (EU) 2018/1808 on mass-media audiovisual services.
In order to have a clearer picture about the enforcement of the Audiovisual Code, it is important to note that the new legislative piece entered into force on August 7, 2025, 30 days after its publication in the Official Gazette. However, for two particular provisions (concerning advertising limitations, which will be analysed herein), the CNA chose to provide a 90-days grace period, meaning that the provisions in Article 109 paragraph (7) and Article 153 paragraph (1) will only become enforceable on October 6, 2025. Furthermore, although the Audiovisual Code benefited from a public transparency phase and this generous grace period, there are still some questions left unaddressed. What is particularly pressing before the enforcement phase of the new ban is the general broadness of the two provisions, given that it is unclear how ongoing ¨celebrity¨ endorsement deals will be affected after October 6 and how this provision affects brand deals across diverse media.
2. Sector-specific advertising restrictions
Heavy public scrutiny followed the announcement of the gambling prohibition. The provision in question states: "It is prohibited to broadcast advertisements for games of chance featuring public figures from the worlds of politics, culture, science, sports, or other individuals who, due to their online notoriety, may encourage participation in such games." The total ban on such commercial communications is provided by Article 109 paragraph (7) of the new Audiovisual Code, and it was equally welcomed as it was critiqued by relevant stakeholders. While this is one of the most discussed provisions among the new texts introduced by the Audiovisual Code, it is only one part of the broader framework the CNA envisioned when drawing up the advertising limitations.
Another similar provision is the text prohibiting advertising for pharmaceuticals or pharmacies featuring celebrities or well-known people. This rule is addressed by Article 153 paragraph (1) which reads as follows: "Advertising and teleshopping for medicines, medical treatments, homeopathic products, medical devices, or food supplements presented or recommended by public figures, cultural figures, scientists, sports personalities, or other persons who, due to their celebrity status, may encourage the consumption of these products or treatments, as well as the promotion of pharmacies by associating them with promotions for medicines, medical treatments, homeopathic products, medical devices, or food supplements."
3. Regulatory scope and enforcement
Despite these examples of sector-specific regulations, the new Audiovisual Code draws attention to the regulatory powers of the CNA. Through Decision 573/2025, the Council brings clarity regarding its area of expertise, also in relation to the provisions of Law 504/2002. Following recent modifications, the regulatory scope of the CNA also covers the ¨Internet¨, so far as the content is audiovisual, in that the CNA is the regulatory body governing TV, radio, on-demand platforms and online video-sharing platforms. These aspects are clarified in Article 1 paragraph (3) of the Audiovisual Code, where the Code describes that its provisions apply to television and radio broadcasting programme services, to communications provided by means of on-demand audiovisual media services and via video-sharing platforms.
Article 1 paragraph (3) of the Audiovisual Code builds on the already existing provisions of Law 504/2002. Whereas Law 504/2002 regulates and defines the content, the Audiovisual Code focuses on the platforms where that content is shared and the audiences it reaches, allowing the CNA to enforce these rules effectively.
With regards to the scope of the prohibitions mentioned in the beginning, the texts refer to the notion of "advertising", which is not expressly defined by the Audiovisual Code or Law 504/2002. Rather, the audiovisual framework in Romania defines the notion of "audiovisual commercial communication". In short, this refers to images meant to promote the goods or the services of an entity undergoing an economic activity. Nonetheless, these communications need to be assessed within a given medium. Hence, wherever the audiovisual commercial communications may be shared, it is very likely that the prohibition is triggered. As a result, in order to apply the prohibition, the distinction should be made based on the content itself, rather than the platform or the medium on which the content is uploaded. If the content can be qualified as audiovisual, then there may be grounds for enforcement.
At least at an initial stage, there should not be an overlap between the powers of the CNA and out-of-home ("OOH") advertising materials. Such means of advertising are defined in detail by Law no. 185/2013 on the location and authorisation of means of advertising that it is safe to assume that these are all physical materials (such as banners, billboards etc.). The same conclusion stems from the fact that OOH advertising must be priorly authorised in the light of Law 185/2013. Therefore, its scope differs from the regulation of audiovisual content, and under a reasonable interpretation, the new advertising-related provisions in the Audiovisual Code should not apply to OOH advertising or to any other medium that does not qualify as "audiovisual content".
The new provisions of the Audiovisual Code certainly spark the debate whether the CNA can also regulate audiovisual content shared via the Internet. However, this does not come as a surprise, due to how the European instruments transposed and applied through the Audiovisual Code try to make as little difference as possible between the media where the content is shared, in the hopes that national regulations turn out consistent enough for thorough enforcement. It seems that the CNA abides by the same principles. Even more, there is also outside confirmation on the CNA's authority over online audiovisual content, in that the CNA is a relevant authority under the Digital Services Act ("DSA") and has the ability to issue orders to social media platforms to remove content, pursuant to Article 7 paragraph (1) of Law 50/2024 on implementing measures of the DSA.
The sanctioning framework for the two advertising bans refers to an administrative fine of RON 5,000 – RON 100,000. Generally, the sanctioning regime should be applicable to suppliers and distributors of media services. Even though it is seemingly unclear whether these concepts can apply to the companies paying for the advertising, we consider that advertising agencies and/or entities behind the materials could be regarded as media service providers for the prohibited promotional materials, particularly for content shared on the Internet where the intermediary (the online video-sharing platform in the case of audiovisual content) has no input on the choice of the content and the materials are curated directly and exclusively by the platform user.
Despite the regulatory vagueness of the notions used in the two prohibitions, the advertising bans in gambling and pharma can be seen as incentives to revamp marketing strategies. However, from a legal point of view, the two provisions are a welcome opportunity to debate the regulatory abilities of the CNA and the overall framework surrounding audiovisual content in Romania.
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