References: Artcle 30 of constitutions guarantees the freedom of media: " (1) Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds or other means of communication in public are inviolable; (2) Any censorship shall be prohibited; (3) Freedom of the press also involves the free setting-up of publications; (4) No publication shall be suppressed; (5) The law may impose upon the mass media the obligation to make public their financing source; (6) Freedom of expression shall not be prejudicial to the dignity, honour, privacy of a person, and to the right to one's own image; (7) Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality shall be prohibited by law; (8) Civil liability for any information or creation made public falls upon the publisher or producer, the author, the producer of the artistic performance, the owner of the copying facilities, radio or television station, under the terms laid down by law. Indictable offences of the press shall be established by law.

References: Article 30 (1) of constitution is clear: "Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds or other means of communication in public are inviolable."

References: -"Press Freedom in Romania, 2006", released in May 2007, a report of Media Monitoring Agency, [ LINK ]

-"Nations in Transit, 2007. Democratization from Central Europe to Eurasia", a study published be Freedom House [ LINK ]

Peer Review Comments: In practice, the formation of a print media group is allowed.

References: In Romania, a license for print media is not necessary. This information was confimed by Gelu Trandafir, member of CNA (Audiovisual National Council), in a phone interview, on July 28, 2007.

References: -Gelu Trandafir, member of CNA (Audiovisual National Council), phone interview, July 28, 2007

-see the Web site of Romanian Press Club [ LINK ]

-If this problem existed, then these two most important reports would mention it: -"Press Freedom in Romania, 2006", released in May 2007, a report of Media Monitoring Agency, [ LINK ]

-"Nations in Transit, 2007. Democratization from Central Europe to Eurasia", a study published be Freedom House; [ LINK ]

References: -Gelu Trandafir, member of CNA (Audiovisual National Council), phone interview, July 28, 2007

-see the Web site of Romanian Press Club [ LINK ]

-If this problem existed, then these two most important reports would mention it: -"Press Freedom in Romania, 2006", released in May 2007, a report of Media Monitoring Agency, [ LINK ]

-"Nations in Transit, 2007. Democratization from Central Europe to Eurasia", a study published be Freedom House; [ LINK ]

References: - Gelu Trandafir, member of Audio-Visual Council (CNA), said in a phone interview on July 29, 2007, that media groups have equal access to broadcast bandwidth and a fair distribution system.

-Cristina Guseth, executive director, Freedom House Romania, said in a face to face interview that the government doesn't create barriers to form radio and tv media entities, but that the registration process is not easy.

References: Audiovisual Law, nr. 504/2002, art. 95

References: -Gelu Trandafir, member of the Audio-Visual Council, said in a phone interview on July 29, 2007, that a licence can be generally obtained in six months: "There are only administrative problems."

-According to the weekly magazine Business Magazin from May 21, 2007, the government Emergency Ordinance no.79/2002 concerning the General Regulatory Framework for Communications, Article 15, specifies that the licenses for the use of radio-electric frequencies shall be granted through an open, transparent and non-discriminatory procedure, within at most six weeks after the receipt of an application, except for the licenses that are granted through competitive or comparative selection procedures, like TV and radio licenses, for which the term is at most eight months.

References: -Gelu Trandafir, member of Audiovisual National Council, said in a phone interview on July 28, 2007, that licenses are free, but their number is limited. -Cristina Guseth, executive director, Freedom House Romania, said in an interview on Aug. 2, 2007, that often companies buy very cheap licenses and then transfer/sell them at a very high price to other companies.

Peer Review Comments: Often you have to pay huge bribes in Romania to obtain a broadcast license. The number of licenses obtained have been reduced for unknown reasons.

References: -Gelu Trandafir, member of the Audiovisual National Council, said in a phone interview on July 29, 2007, that citizens have free access to content published online, and the government does not intervene -Cristina Guseth, executive director, Freedom House Romania, said in an interview on Aug. 2, 2007, that the government does not prevent Internet users from accessing online content. Some forms of content may be illegal to download or own, but the government does not manipulate networks to prevent access to this information.

References: -Cristina Gushet, executive director, Freedom House Romania, said in an interview on Aug. 2, 2007, that in Romania the government does not censor citizens creating content online and generally does not remove online information or servers for their political content; -Gelu Tradafir, member of the Audiovisual National Council, said in a phone interview on July 29, 2007, that online domain is free of governement interference and other institutional influence.

References: Article 30 of the constitution: "(1) Freedom of expression of thoughts, opinions, or beliefs, and freedom of any creation, by words, in writing, in pictures, by sounds or other means of communication in public are inviolable.(2) Any censorship shall be prohibited.(3) Freedom of the press also involves the free setting up of publications; (4) No publication shall be suppressed.(5) The law may impose upon the mass media the obligation to make public their financing source. (6) Freedom of expression shall not be prejudicial to the dignity, honour, privacy of a person, and to the right to one's own image. (7) Any defamation of the country and the nation, any instigation to a war of aggression, to national, racial, class or religious hatred, any incitement to discrimination, territorial separatism, or public violence, as well as any obscene conduct contrary to morality shall be prohibited by law"; (8) Civil liability for any information or creation made public falls upon the publisher or producer, the author, the producer of the artistic performance, the owner of the copying facilities, radio or television station, under the terms laid down by law. Indictable offences of the press shall be established by law."; [ LINK ]

In the beginning of 2007, the Constitutional Court ruled that the elimination of insult and libel from the Penal Code was unconstitutional, implying that this is the only means to protect a person's dignity: [ LINK ]

References: -Acording to the Report of Media Monitoring Agency: "Pres Freedom in Romania, 2006", published in May 2007, "journalists and proeminent public figures are willing to use their public image in order to support businessmen in delicate legal situations". In this report one example is that of Mircea Dinescu, poet, influential columnist, TV guest, but also shareholder in the media trust owned by wealthy businessman Dinu Patriciu. Dinescu was present by Patriciu's side in February in the Bucharest Court as a sign of public support for the man who had been endicted for several economic crimes. Another example describes the "Gazeta de Iasi" study case: "At the end of October, six persons in the management local group Gazeta were arrested under the accusation of continuous organized blackmail and accomplices to an organized criminal goup, following complaints submbitted by local politicians and businessmen. Acording to the act of indctment, Gazeta trust was using journalistic investigation to gain advertising contracts." [ LINK ]

-Nov. 20, 2006, Newsin, News Agency, www.newsin.ro Cristian Tudor Popescu, president of the Romanian Press Club, said that Romanian media have increasingly poor quality, are used as political and economic pressure instruments, and that journalists are turning into mercenaries.

Peer Review Comments: This is a prescient comment on how some of the media is susceptible to special interests, a situation not unique to Romania.

In an ideal situation, ownership is fully divorced from editorial control.

References: -Interview face to face with Iosif Klein Medesan, general editor at Romania libera, one of the most important daily newspapers, Aug. 3, 2007: "There is no way a corruption story could be stopped dead. There is always a media outlet for it - albeit a non-mainstrean one. After the story breaks out, the big papers cannot avoid it - so they put a spin on it. The spin then makes the rounds on the national TV stage. The end result? The story is drowned by the mediatic noise - only to be ressurected at a later date, in many variants, differing substantially. When the corruption story is an exclusive one, its sole 'owner' might decide, at the owner's behest, to bury it, or to use it as an insurance policy. In some instances, the corruption story is a planted one, by enemies of the targeted politician. In such cases, the editorial process should, ideally, weed it out - but only if the owner doesn't find it handy to use it in his/her own interest."

-Cristina Guseth, executive director Freedom House, Romania, interview, Aug. 2, 2007: "There are business interests of media owners and government officials. Many times the government doesn't need to put pressure because the corruption topics are not to be takled by the editorial team, (topics which are taboo, which are forbiden). Usually the taboo topics are known by the entire editorial team

Peer Review Comments: The separation of political decision making from business interests is a major challenge. In this respect, the media is used as a means to gain or express influence, and besmirch political opponents or business competitors.

Peer Review Comments: I agree with the judgment that the ownership structure in Romanian media raises serious concerns over the coverage of corruption scandals. But the question refers to government preventing the publication of corruption-related materials.

The Romanian government in 2007 was a weak one, with 25 percent support in Parliament, not enough power to put effective pressure on media. Corruption scandals occurred this year, and the government was not able to avoid them by silencing the media.

References: Although Article 30 (5) of the constitution specifies that "The law may impose upon the mass media the obligation to make public their financing source", in Romania there are no laws that force print media companies to disclose their ownership.

References: Audiovisual Law nr. 504/2002, Art. 48 [ LINK ]

References: -Interview with Iosif Klein Medesan, general editor at Romania libera, one of the most important daily newspapers, Aug. 3, 2007: "Editors and journalists at major media outlets generally avoid altering coverage in exchange for favors but some exceptions have been noted. Not all newsrooms abide by a formal journalistic code of conduct."

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: "In Romania there are journalists for whom it doesnt matter if news is true, if it selles it goes. These are rather rare cases, but there are. Generally the deontologic code is very little known and rather seldom respected "

Peer Review Comments: Journalists and editors adhere to strict, professional practices in their reporting when their editors or owners do not interfere in the editorial area. In Romania, 90 percent of the owners tend to step into the editorial zone through the editor in chief or director, or they get involved in the event directly.

References: -Interview with Iosif Klein Medesan, general editor at Romania libera, one of the most important daily newspapers, Aug. 3, 2007 : "Definitely, there are as many biases as (major) media owners. The news organizations are trying (some of them, are trying hard) to cover their bias, and the media ownership structure not being widely known by the public (and also because the countryside is dominated by the public broacasters and the local papers), the real targets of the subtle (well, most of the time...) disinformation are not easily identifiable."

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: In the latest national elections, in 2004, both public and private media coverage favored the Social-Democratic Party, the party in power at that time."

References: -Report regarding the 2004 elections, made by Media Monitoring Agency; [ LINK ]

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: " Always the public radio and television are favorable to governmental parties and their political clienteles, although in the last two years the news buletins of the public television have improuved"

References: -"Press Fredoom in Romania 2006", released in May 2007, a report made by Media Monitoring Agency, p.6 [ LINK ]

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: There were no journalists imprisoned because of their work covering corruption last year.

References: -"Press Fredoom in Romania 2006", released in May 2007, a report made by Media Monitoring Agency, p.6 [ LINK ]

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: in the past year, no journalists investigating corruption have been physically harmed.

References: -"Press Fredoom in Romania 2006", released in May 2007, a report made by Media Monitoring Agency, p.6 [ LINK ]

-Cristina Guseth, executive director, Freedom House Romania, interview on Aug. 2, 2007: in the past year, no journalists investigating corruption have been killed.