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ROMANIA
Although the Constitution provides for freedom of
expression and prohibits censorship, it limits the bounds
of free expression by prohibiting “defamation of the
country.” The Government respected the
constitutional provisions in practice. An amended
Penal Code passed by Parliament in 1996 rectified many of
the shortcomings of the former, Communist-era code.
However, the new version is criticized by human rights
organizations and professional journalists for retaining
jail terms for those convicted of libel or slander,
including journalists. In the spring, an attempt by
Parliament to amend the Penal Code and remove jail terms
from among penalties for libel failed because of disputes
over an unrelated matter. Consequently, Articles
205 and 206 concerning libel and Articles 237 and 238,
concerning offense to authority and defamation of the
country are still in force.
Many libel
suits were brought against journalists during the year
under these provisions. In August the lower courts
in the northeast found four journalists of the Monitorul
press group guilty of libel and sentenced them to fines
and jail terms. A court in the city of Iasi in
August sentenced two journalists from the independent
daily Monitorul de Iasi to a year in prison and $165,000
“moral damages” to be paid to the
plaintiffs. The case prompted criticism due to the
fact that the plaintiff’s wife, daughter, and
son-in-law were employees of the Iasi court that indicted
the journalists. The Supreme Court refused to move
the trial to another jurisdiction. The case is
being appealed. In April a journalist from the
Cluj-based daily Ziua de Nord-Est was the first person
convicted under Article 206 (concerning calumny).
The
independent media continued to grow. Several
hundred daily and weekly newspapers are published.
Several private television stations broadcast nationwide,
with the largest reaching approximately 20 percent of the
rural and 80 percent of the urban market. As of
September, 72 private television stations and 162 private
radio stations were broadcasting. Approximately 2.8
million households were wired for cable, giving
significant portions of the population access to both
private and foreign broadcasts. While Romanian
State Television (RTV) and Radio Romania remained the
only national broadcasters capable of reaching the bulk
of the rural population, independent stations continued
to enlarge their coverage throughout the country by
over-the-air, cable, and satellite transmissions.
The 1994 law
establishing a parliamentary appointed board of directors
for RTV was implemented in June. The new chairman
of the board, Christian Hagi-Culea, was elected by
Parliament in October.
Foreign news
publications may be imported and distributed freely, but
high costs limit their circulation.
Academic
freedom is respected.
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