Romania Reforms Advertising Law to Protect Media Freedom

BUCHAREST, Romania—Romania took an important step toward greater transparency of government advertising through public spending reforms announced yesterday. The amendments, developed in consultation with media freedom groups, are designed to curb official interference with editorial independence by actual or threatened withdrawal of public advertising.

In recent years, Romanian officials have frequently used their control of public advertising funds to influence media coverage. The relative paucity of private sector advertising and the use of bogus public advertising as hidden subsidies for favored media have added to the problem.

"The amendments are an important first step," said Ioana Avadani, executive director of the Bucharest-based Center for Independent Journalism, a leading advocate of the present reforms. "Now we need to ensure that they are properly implemented, and that officials at all levels give up the habit of using public advertising as private sticks and carrots."

The Open Society Justice Initiative and the Center for Independent Journalism have documented the scope of financial censorship practices, and developed recommendations for reform. These efforts helped bring the issue to the public's attention, and culminated in a legislative proposal that was adopted by a working group of government representatives, free expression groups, media associations, and other stakeholders.

"Romania is leading the way in tackling financial censorship," said James A. Goldston, executive director of the Justice Initiative. "While more remains to be done, it is an example that other countries in the region and elsewhere would do well to follow."

The amendments were adopted by the government through emergency legislation, subject to future parliamentary approval. They introduce a number of key changes to advertising spending laws:

• All public agencies are required to publicize key information on all ad contracts above 2000 euros on a government webpage. This grants all interested parties—and the public—fair, complete, and real-time access to procurement information, thereby enhancing the transparency and integrity of ad spending by government.
• This online information must include the details of the relevant advertising; service, the bidding process, the criteria for selecting winners, and information on the winning bids.
• Advertising agencies and other intermediaries hired by the government are required to provide information on the final placement of government ads and the criteria used.
• Information about government advertising contracts and the bidding process is to be made available to the public, upon request, in accordance with the Romanian law on access to public information.

While recognizing the importance of these reforms, Romanian civil society groups have urged the government to increase the transparency of public procurement across the board, including by improving freedom of information and procurement laws.