Law on Freedom of Expression

Law nr. 64 from 23.04.2010

Chapter I - GENERAL DISPOSITIONS

    Article 1. Purpose and scope of the law
    (1) This law aims to guarantee the right to free speech and a balance between ensuring freedom of speech and protection of honor, dignity, business reputation and private life and family of the person.
    (2) This Law does not regulate legal relations regarding access to information, granting the right of reply in the electoral campaign and the protection of copyright and related rights.

    Article 2. Definitions
    Terms and expressions used in this law have the following meanings:
    defamation - spreading false information that violates honor, dignity and / or professional reputation of the person;
    dissemination of information - a process of transmitting information to others (at least by anyone except the person injured);
    information - any statement of fact, opinion or idea as text, sound and / or image;
    in fact - event, process or phenomenon that has or is taking place under practical conditions of place and time and whose veracity can be proven;
    value judgment - opinion, comment, theory or idea that reflects the attitude of a fact, whose authenticity is impossible to prove;
    value judgment without sufficient factual basis - value judgment based on facts that have not occurred or acts occurred, but whose exposure is distorted up to falsehood;
    injury - verbal expression, written or nonverbal person who offend intentionally and contrary to generally accepted standards of conduct in a democratic society;
    censorship - unjustified distortion of journalistic material or unjustified ban to disseminate certain information to media management, any manifestation of public authorities or persons exercising public functions in the editorial interference of the media or its employees or tripping or the spread of information;
    information about private life and family - any information, including images, on family life, home life, correspondence and its contents, health and physical defects, and sexual orientation and behavior of the person, while the individual counts in reasonably, on privacy;
    public interest - interest of society (and not mere curiosity of individuals) to the events related to the exercise of public power in a democratic country or to other problems that normally arouse the interest of society or part of it;
    person exercising public functions - an individual who exercises functions of government (executive, legislative or judicial) or legal entity that provides public utility services, or individual who manages the legal entity that provide public services or subdivisions thereof;
    public person - a person exercising public functions or other person who, because of status, social position or other circumstances, raises public interest;
    authority document - document issued by a public authority or a person exercising the functions of the public;
    release of public authority - story made public by a public authority or on its behalf by a person exercising the functions of the public;
    media - media means, printed or electronic, and journalist;
    investigative journalism - research reasonable facts by the media to achieve a journalistic material;
    correction - voluntary correction on its own initiative or upon request, the facts were misrepresented;
    denial - denial of defamatory reports of facts that are not accurate;
    response - response of the injured person to the views expressed in material circulated by the media;
    sorry - declaration person regrets injury or for information about private and family life;
    hate speech - any form of expression which causes propagate, promote or justify racial hatred, xenophobia, antisemitism and other forms of hatred based on intolerance.

    Article 3. Freedom of expression
    (1) Everyone has the right to freedom of expression. This right shall include freedom to seek, receive and communicate facts and ideas.
    (2) Freedom of expression protects both the content, as well as cast information, including information that offend, shock or disturb.
    (3) The exercise of freedom of expression may be subject to restriction by law, necessary in a democratic society for national security, territorial integrity or public safety, to protect order and prevent crime, to protect the health and morals, reputation or rights of others, for preventing the disclosure of confidential information or for maintaining the authority and impartiality of the judiciary.
    (4) The restriction of freedom of expression is permitted to protect a legitimate interest under paragraph. (3) and only if the restriction is proportional to the situation that caused it, observing the proper balance of interests protected freedom of speech and freedom of the public to be informed.
    (5) guarantees the freedom of expression does not extend to speech that incites hatred or violence.

    Article 4. Freedom of expression media
    (1) The state guarantees freedom of expression media. No one can prohibit or prevent the media to disseminate information of public interest than the law.
    (2) The media is responsible for informing the public on matters of public interest and to perform its responsibilities in accordance with, investigative journalism on issues of public interest.
    (3) In addition to the guarantees provided for in art. 3, freedom of expression and the media allowed a degree of exaggeration or even provocation, provided they do not distort the essence of facts.

    Article 5. Prohibition of censorship in the media
    (1) The editorial independence of the media is recognized and guaranteed by law. Censorship is prohibited.
    (2) prohibits interference in the editorial of the media, except as provided by law. If the interference is prescribed by law, it is to be interpreted restrictively.
    (3) not allowed to control the creation of public authorities prior information to be disseminated by the media.
    (4) censorship is not bound by the court by a final decision to disseminate or not disseminate information and obligation by law to disseminate certain information.
    (5) Censorship in public media and prevent intentional illegal activity media, attract criminal liability.

    Article 6. Freedom public to be informed
    (1) Everyone has the freedom to receive information public through the media.
    (2) Protection of honor, dignity or professional reputation can not outweigh the public's freedom to receive information of public interest.
    (3) seizure or liquidation circulation print media can be held by a final court decision only where it is necessary in a democratic society for national security, territorial integrity or public safety or to prevent disclosure What constitutes a state secret.

    Article 7. Right to respect the honor, dignity and professional reputation
    (1) Everyone has the right to honor, dignity and professional reputation damaged by spreading false reports about the facts, value judgments without sufficient factual basis or injury.
    (2) A person aggrieved by the spread of reports on the facts rights may be restored if the information aggregated following conditions:
    a) is false;
    b) is defamatory;
    c) information identifying the person concerned.
    (3) A person who is affected as provided in par. (2) may request correction or retraction of information and material and moral damage caused.
    (4) A person aggrieved by the spread of value judgments can be restored if the value judgments accumulate rights following conditions:
    a) not based on a sufficient factual basis;
    b) are defamatory;
    c) identify the person concerned for information.
    (5) A person who is affected as provided in par. (4) may request correction or retraction of the information, or publication of a reply, and moral and material damage caused.
    (6) An expression encompassing injury following conditions:
    a) intentional verbal expression, written or nonverbal conduct does not meet the generally accepted in a democratic society;
    b) identify the individual concerned.
    (7) A person who is affected as provided in par. (6) may require the expression of apology and the moral and material damage caused.
    (8) No one shall be held liable for humorous and satirical style if using it does not mislead the public about facts.

    Article 8. Immunity in cases involving defamation
    Be brought a defamation action for statements made:
    a) the President of the Republic and Members of Parliament in exercising its mandate;
    b) the trial participants, including witnesses, the prosecutor or the court in a criminal prosecution or trial;
    c) applications, letters or complaints about violations of rights and legitimate interests, sent to public authorities for examination.

    Article 9. Freedom to criticize the state authorities and holders of public public functions
    (1) Everyone has the right to criticize the state and public authorities.
    (2) State and public authorities can not bring defamation actions.
    (3) The state executive and legislative authorities are not protected by the criminal law against defamatory or contravention.
    (4) persons exercising public functions may be subject to criticism, and their actions - verification by the media regarding how or have exercised its powers, to the extent necessary to transparency and responsible exercise of their functions.

    Article 10. Right to privacy and family
    (1) Everyone has the right to respect for private and family life.
    (2) The right to respect for private and family life does not extend to information about private and family life with widespread consent or acquiescence of the person or obtained in a public place when the person can not rely reasonably on privacy.
    (3) No one shall be held accountable for making public information about private and family life of the person if the public interest to know more than the interest of the person concerned not to disseminate information.
    (4) If the spread of information about private and family life in violation of par. (3), the person may request express apologies and compensation for moral and material damage caused.

    Article 11. The right of public figures and individuals acting in public to private life and family
    (1) Those individuals engaged in public and public officials are entitled to respect for private and family life.
    (2) Information about private and family life of public figures and individuals exercising public functions may be disclosed if such information is of public interest. Disclosure of information that should not result in undue harm to third parties.
    (3) If public figures and individuals exercising public functions cause attention to themselves aspects of their private and family life, the media has the right to investigate these issues.

    Article 12. The right to be presumed innocent
    (1) Any person charged with a crime or offense is presumed innocent until his guilt is proved legally by a final court decision.
    (2) public authorities and persons who are obliged to respect the right to be presumed innocent and to refrain from any comments that would suggest that the person is guilty of the offense or contravention.
    (3) The prosecution can not make public statements about the guilt of the person made an accusation, except that the prosecution in court.
    (4) Persons who are not public authorities can not influence any trial conduct, including the media, are entitled to express an opinion on the guilt of a person provided that:
    a) in the context of expression it is clear that until the moment there is no final court decision convicting the person;
    b) in the context of expression it is clear that they are opinions, not facts confirmed;
    c) the facts upon which comments on the guilt of a person standing it to be displayed accurately.

    Article 13. Protection of information sources
    (1) The media and any person doing business with journalistic collection, receipt and distribution of information to the public and working with this person who obtained information from a source entitled to not disclose the identity of the source or any information that could identify the source.
    (2) The person who distributed public information obtained from confidential sources may be required to disclose the identity of the source in a civil or administrative.
    (3) refusal to disclose the source of information does not deprive the other guarantees enjoyed by the defendant in legal proceedings.
    (4) In a criminal trial, the prosecutor or the court, by law, may require the person to disclose the source of information if the following conditions are met:
    a) the criminal offenses aimed particularly serious or exceptionally serious;
    b) disclosure of the source is absolutely necessary for the prosecution;
    c) have been exhausted all possibilities to identify the source of information by other means.

Chapter II - REVIEW PROCEDURES

Section 1 - Procedure to examine cases defamation

    Article 14. Procedure to examine cases defamation
    (1) defamation causes are examined in legal proceedings under this chapter and the Code of Civil Procedure.
    (2) causes defamation when the source is not known to spread defamatory information or when the author information or legal person to spread information was liquidated and the author is unknown or the information is defamatory or has died under review procedure on the findings of fact to have legal value.

    Article 15. If prior
    (1) A person who considers defamed may, by prior request, author information and / or legal person spread of a correction or retraction of defamatory information, providing the right or expressing apology and compensation for damage caused. In case of death of the person defamed, prior request is submitted by the person concerned.
    (2) prior application shall be filed within 20 days after the person has been or ought to know about defamatory information. This is a limitation period. At the end of one year from the date of defamation, the person may request reinstatement to the prior filing deadline.
    (3) The person shall indicate in the application the information it considers defamatory and, if the spread of reports on the facts, circumstances showing that the information is essentially false or if the spread of value judgments, circumstances which demonstrate that they is based on a sufficient factual basis.

    Article 16. The examination procedure prior demand
    (1) prior application shall be examined within five days by the author information and, where appropriate, the legal person spread of this information.
    (2) If that information covered by prior request is false or not based on a sufficient factual basis, legal person or author information circulated prior demand information, are obliged to make, as appropriate, correction or retraction defamatory information, providing the right or expressing apology and compensation, on request, the damage caused.
    (3) Correction or retraction of information, providing the right or expressing apology is made within 15 days after demand prior examination and if the information was disseminated by the media and the publication or broadcast which spread this information appears frequently than every 15 days, in the next issue or program.
    (4) Payment of compensation under prior request is made within 15 days after preliminary examination of the application or another date agreed by the parties.
    (5) In case of refusal to meet, in whole or in part, prior request, the person aggrieved may apply to the proceedings.
    (6) In case of refusal to meet the demand for failure prior limitation period, the injured person may, while filing the lawsuit, reinstate the prior filing deadline.

    Article 17. Term of address in court court
    (1) The complaint in defamation proceedings may be filed within 30 days. This period starts from:
    a) receipt of a response prior to application;
    b) the deadline for preliminary examination of the application.
    (2) The period referred to in paragraph. (1) is the limitation period.
    (3) A person may be called the period of limitation if it failed this time due to reasons and has requested the proceedings within 30 days after the disappearance of the reasons justifying reinstatement within.
    (4) If, while the main application, were not submitted claims on damages, the court will reject the request for damages filed later.

    Article 18. Form and Content of the call to court
    (1) Application of the proceedings is made with the conditions specified in art. 166 and 167 of the Code of Civil Procedure.
    (2) Citing the facts and law underlying its claims, the applicant will indicate:
    a) if the information concerning him;
    b) if the information was disseminated by respondent;
    c) if the information involves defamatory;
    d) if the information is based on facts essentially false;
    e) whether or not a public figure in this law and if the information relates to the quality of the public person;
    f) if the information concerns a matter of public interest;
    g) was observed prior proceedings;
    h) if the defamatory information and material and moral damage caused that is the real cost of such damage;
    i) other circumstances relevant to the case.
    (3) The request for the proceedings, the applicant shall indicate the exact accounts of facts which required retraction and denial text or value judgments without sufficient factual basis.
    (4) At the request of the proceedings is attached:
    a) the publication or record containing information disputed issue, or if the presentation recording is not possible, indicate item, issue, date and time of broadcast;
    b) copy of the petition prior to its proof of sending or handing the defendant;
    c) response to previous request.

    Article 19. Fees
    (1) To request the summons which called retraction, granting the right or expressing apology to pay a state fee in the amount of 5 conventional units.
    (2) For claims about the moral and material damage caused by defamation to pay a state fee in the amount provided for in art. 3 pt 1). a) the state tax law.

    Article 20. Parties and other participants in the process
    (1) Applicant defamation cases can be:
    a) any natural person whose honor, dignity or professional reputation was harmed by the dissemination of information;
    b) the name of the deceased, if not filed a defamation action - the person concerned, but without the right to demand compensation for moral damage;
    c) any legal person whose professional reputation was harmed by the dissemination of information.
    (2) defendant in defamation cases is the person who spread information, author information and, where applicable, the person from whom information was taken.
    (3) If the action is brought to people who took information from a third person whose identity is revealed, the latter can interfere with the process under Code of Civil Procedure.

    Article 21. Jurisdiction
    Defamation disputes examined by courts of first instance, the common law courts.

    Article 22. Ensuring action
    (1) Simultaneously with the application prior to the media, in order to prevent damage, the applicant may request court action assurance measures.
    (2) insurance claims action under par. (1) shall examine the presentation of documents confirming the delivery or handing over the prior application.
    (3) The applicant's request, the court may apply the following measures to ensure the action:
    a) prohibition challenged to disseminate information;
    b) the seizure of the draft containing the disputed information;
    c) prohibition on destroying records audio and video.
    (4) The court may apply the measures stipulated in paragraph insurance. (3). a) and b) if the applicant demonstrates that it may suffer harm which can not be offset by subsequent compensation insurance and the extent of the action exceeds the public interest to know this information.
    (5) is not permitted the seizure of the defendant's assets, including bank, insurance claims for compensation for moral damage.
    (6) If the person has not filed the lawsuit within the period specified in art. Article 17. (1), measures to ensure its action void.

    Article 23. Succession rights
    (1) If the plaintiff died after filing the lawsuit, but before delivery of the judgment, succession rights is allowed, except for claims for compensation for moral damage.
    (2) If the plaintiff died after delivery of the judgment in first instance and the judgment ordering compensation for moral damage, succession rights and the compensation is allowed provided the first instance moral.

    Article 24. Burden of proof
    (1) The applicant must prove the following:
    a) the defendant has spread information;
    b) information concerning him and is defamatory;
    c) information is an account of facts and is essentially false, or
    d) value judgment is not based on a sufficient factual basis;
    e) the existence and amount of damage caused.
    (2) The defendant must prove the following:
    a) the information is not defamatory and / or does not concern the applicant;
    b) information is a value judgment based on a sufficient factual basis;
    c) when the spread of information, in spite of all measures of care, could not know that by its actions contribute to spreading false reports about facts or value judgments without sufficient factual basis;
    d) public information is disseminated.
    (3) In cases aimed at restricting freedom of expression, the defendant's refusal to disclose any professional or source of information is not sufficient basis for admission action.

    Article 25. Presumption in cases involving defamation
    (1) Any reasonable doubt about the status of private or public shall be construed in favor of public figure status.
    (2) Any reasonable doubt about the status of public interest or curiosity shall be construed in favor of granting the status of public interest.
    (3) Any reasonable doubt about the status of value judgment or account of facts shall be construed in favor of the status of value judgment.
    (4) Any reasonable doubt about the existence and amount of moral damage shall be construed in favor of a compensation of 1 leu.
    (5) Any reasonable doubt on the good faith of the person who conducted an investigation shall be construed in favor of good faith.
    (6) Any other doubt is not shown under the rules prescribed by law shall be construed against restricting freedom of expression.

    Article 26. Denial
    (1) Everyone has the right to ask the court's denial of allegedly false and defamatory facts.
    (2) If the court determines that action on the spread of false and defamatory information is based, and the applicant required to publish a denial, the court will refutation of false and defamatory reports, indicating text into the denial decision.
    (3) The court shall commission denial the best way to restore the applicant's rights. If false and defamatory information was disseminated through the media, the court will force the media to spread this information to the public and / or spread retraction in the same column, page, in the same program at the same time or in the same cycle of programs. If false and defamatory information was disseminated by means other than the media, the court will set the same way of apology or, as appropriate, other suitable situation.
    (4) If the media or, as appropriate, information the author is unable to publish retraction, the court will force the media or, as appropriate, to publish retraction author information in other media outlets with a similar range of coverage or distribution. If you refuse publication last denial, the person required to publish retraction will pay compensation to the plaintiff from 50 to 5000 conventional units.
    (5) Media will insert written denial titled "Disclaimer". Text denial will be written with the same characters as information denied.
    (6) Media will publish the retraction of the deadline set by the court. If the publication or forthcoming issue of exceeding the time limit set by the court, denial will be made in the next issue or program.

    Article 27. Right of reply
    (1) Any person whose rights or interests have been harmed by the spread of value judgments without sufficient factual basis is entitled to reply.
    (2) The reply refers only to defamatory information in dispute, will be exposed in terms of decent and will not contain threats or marginal comments.
    (3) publication or broadcast the reply is made in the manner and conditions for publication or dissemination of denial.

    Article 28. Disclaimer of media to retrieve information
    (1) media responsibility for taking reports on false facts and / or value judgments without sufficient factual basis does not occur if this information were widespread:
    a) the documents or communications from public authorities;
    b) at meetings of public authorities, by persons exercising public functions or persons invited to attend these meetings;
    c) criminal prosecution or a trial by trial participants, including witnesses for the prosecution or the court;
    d) applications, letters or complaints about violations of rights and interests, sent to public authorities for examination.
    (2) The media does not bear liability for good faith acquisition of false reports on facts and / or value judgments without sufficient factual basis, addressing issues of public interest if:
    a) contained in press releases to persons other than public authorities;
    b) contained in the works of author that can not be edited or live broadcasts;
    c) contained in the statements, written or oral, other persons;
    d) have previously been spread by other media;
    s) covered by other cases established by law.
    (3) If under paragraph disclaimers. (2), the media can be forced to deny false reports about facts or right of reply.
    (4) The media is not exempt from liability if they subscribe to information.

    Article 29. Compensation for moral damage
    (1) The court will award compensation in order to bring satisfaction to the injured party. In determining the amount of compensation for moral damages, given individual, the court will take into account the nature and seriousness of physical and psychological suffering caused by the applicant, the nature of information spread, the degree of dissemination of information, the applicant's personality, reputation of the defendant, the degree of guilt of the defendant consequences of spreading defamatory information, situation of the plaintiff and the defendant, the publication of corrections, denial or grant the right of reply before the filing of summons and other circumstances important for the case.
    (2) is given compensation for moral damage caused to public person only if the public person defamed in bad faith.
    (3) compensation for moral damages is granted legal person unless the threatened spread of information management.
    (4) There shall be compensation for moral damage caused by defamation legal entity that has no name at the date of defamation.
    (5) Compensation for moral damage caused by the media through public dissemination of information which proved to be false or without a sufficient factual basis is possible only if the media has acted in bad faith or violation of other professional obligations.

Section 2 - Procedure to examine cases of the protection of privacy and family

    Article 30. Procedure to examine cases on the protection of privacy and family
    Cases involving protection of privacy and family are examined in the order and terms established in Section 1, except as specified in this section.

    Article 31. If prior
    The injured person will indicate if prior information which violates the right to respect for private and family life and circumstances which demonstrate the violation of this law, asked to give excuses and, as appropriate, Compensation.

    Article 32. Form and Content of the call to court
    (1) The request for the proceedings the applicant shall indicate:
    a) information which violates the right to respect for private and family life;
    b) whether information concerning him;
    c) if the information was disseminated by respondent;
    d) whether or not a public figure;
    e) if the information concerns a matter of public interest;
    f) circumstances demonstrating violation of privacy and family;
    g) amount of the damage caused.
    (2) To request the summons on the protection of privacy and family to pay a state fee in the amount set forth in art. 19.

    Article 33. Examination on defense private and family life
    (1) In considering the request of the proceedings on the protection of privacy and family, the court shall determine whether the public interest in knowing the information outweighs the interest of the person concerned not to disseminate information.
    (2) If it appears that demand for court action is based on the plaintiff, the court, by a court, require the defendant to apologize and, if necessary, to compensate for damages.

Chapter III - FINAL AND TRANSITIONAL

     Article 34
     (1) This Law shall enter into force three months after its publication.
     (2) cases pending in court after the entry into force of this Law shall be reviewed under the procedure established by this law, except art. 15-18 and art. 31-33.
     (3) The person has not notified the court before the entry into force of this law may file a court action in order provided by law. Limitation period shall run from the date of entry into force of this law.
     (4) legislative acts and other normative acts regulating the related reports shall apply to the extent they do not contravene this Law.
     (5) Government, within six months from the date of publication:
     a) Develop and submit proposals on bringing the legislation into conformity with this Law;
     b) bring its legislation in conformity with this law.
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