Romanian court says "happy news" bill is unconstitutional

21/07/2008

Romania's constitutional court quashes a bill under which at least 50% of the items on domestic broadcasters' newscasts must be "positive".

(AP, Reuters, AFP, HotNews.ro, Nine O'clock, Rompres, Dnevnik.bg, Reporters Without Borders)

A newspaper kiosk in Bucharest. [AFP]

Romania's constitutional court quashed a controversial media bill earlier this month, calling the law unconstitutional. The Senate had passed the law, which stipulated that upbeat news should make up half of all newscasts on Romania's radio and television stations.

The opposition Liberal Democratic Party (PDL) appealed the July 9th ruling, arguing that the new legislation infringed on freedom of expression.

The authors of the bill, senators Gheorghe Funar of the far-right Greater Romania Party and Ioan Ghise of the ruling National Liberal Party, claimed its aim was to "improve the general climate" and to make sure that Romanians get "a well-balanced perception of everyday life".

Negative news, the Romanian English-language daily Nine o'clock quoted them as arguing, could have a dangerous impact on viewers' lives and health.

The aim of the bill was to "improve the general climate and to offer the public the chance to have balanced perceptions on daily life, mentally and emotionally".

"This bill is utterly unacceptable in an EU-member country," international media watchdog Reporters Without Borders (RSF) said after Romania's 137-seat Senate adopted the controversial amendments to the country's audiovisual law.

The Paris-based group described the legislation as "retrograde and anachronistic". It also warned that the enactment of a measure that is "completely subjective and devoid of meaning" would pose a threat to Romanian broadcasters' editorial freedom.

The amendments earlier fell short of passage in parliament's lower house, the Chamber of Deputies. Ahead of the vote on June 25th, the Senate's human rights commission voiced opposition to the bill, but the culture and mass media panel supported it. Eventually, it won unanimous Senate approval before the constitutional court stepped in.

Under the bill, the state broadcast regulator, the National Audiovisual Council (CNA), would decide what was "positive" and what was "negative".

But CNA head Rasvan Popescu was obviously disenchanted with the Senate's move. News, he said, "is neither negative, nor positive", as it reflects only reality and broadcasters cannot plan events.

"News is news," Popescu said, criticising also the parliament's upper house for failing to invite him or other CNA members to the debate on the legislation. He stressed also that "a change regarding the balance of positive and negative news stories in TV and radio bulletins must be discussed."