Media Capture Monitoring Report: Romania - Measuring compliance with the European Media Freedom Act

Romania’s media regulatory environment has faced significant challenges in ensuring independence and transparency. The National Audiovisual Council (CNA), responsible for regulating audiovisual content, has been politically influenced for years. Many of its members, including the current President, have past affiliations with political parties, which undermines the regulator’s ability to act independently. The close ties between politicians, media owners, and journalists further compromise the CNA’s ability to defend the public interest. The regulator’s reluctance to impose sanctions and its perceived bias in favor of corrupt media moguls have diminished its credibility, leading to concerns about its effectiveness in fulfilling its role.

Public service media, such as the Romanian Radio Broadcasting Company (SRR) and the Romanian Television Company (TVR), face similar challenges. Despite legal protections for editorial independence, both broadcasters have been accused of political interference, censorship, financial mismanagement, and corruption. TVR, in particular, has struggled to adapt to technological and market changes, leading to a significant loss of viewership, while SRR has fared better in terms of audience reach. However, both institutions lack critical journalism, largely due to ingrained political loyalty. These issues have severely impacted public trust in the media.

Another problem examined in the report is the misuse of state funds to influence media output. Romanian legislation aims to ensure transparency and fairness in public procurement, but local authorities often bypass these regulations by awarding advertising contracts to media outlets aligned with their political or financial interests. The use of intermediaries and political party spending exacerbates the problem, consolidating media ownership and limiting independent outlets. This distortion of the market further entrenches commercial interests in the media landscape, making it harder for independent media to thrive.

Romania’s media landscape, while diverse, is marked by political polarization, opaque ownership structures, and market concentration. Many media outlets are controlled by political or business interests, which affects editorial independence. This situation is compounded by a lack of transparency in media revenues, particularly from public funds and state advertising. The anticipated merger of media outlets and telecommunications companies threatens to exacerbate these issues, as large telecom companies may gain undue influence over media content.

Recommendations

The author of the report advanced a number of recommendations to address these issues, focusing on aligning Romanian legislation with the European Media Freedom Act (EMFA) and enhancing the media environment in general.

1. Independence of Media Regulators
   Romania should strengthen the independence of the CNA by implementing reforms in its appointment process, ensuring the regulator is free from political influence. The legislative framework should be amended to define the criteria for evaluating the CNA’s annual reports and its role in imposing sanctions. More resources should be allocated to the CNA to ensure effective regulation.
2. Independence of Public Service Media
   Reforms should be made to ensure the editorial independence of public broadcasters. This includes revising the criteria for appointing members of the management boards to ensure they are free from political interference and enhancing the transparency of these processes. Additionally, clearer procedures should be established for dismissing management members, with judicial oversight. Public broadcasters should be held accountable through independent monitoring mechanisms, and their funding mechanisms should be revised to reduce dependence on government budgets.
3. Misuse of State Funds
   To curb the misuse of public funds for media influence, Romania should ensure greater transparency in the allocation of state advertising. The use of intermediaries should be prohibited, and political party funding of media outlets should be strictly regulated, with full transparency regarding such expenditures. The oversight body, National Agency for Public Procurement (ANAP), should enforce compliance with procurement rules and issue annual reports on state advertising.
4. Media Pluralism and Political Influence
   Legislation should be enacted to require media outlets to disclose their ownership structures, funding sources, and any potential conflicts of interest. A public media ownership database should be established to allow for greater transparency. The government should also take steps to monitor the concentration of media ownership, particularly in the online space, to ensure a diverse and independent media landscape.
5. CNA’s Operational Capacity
   The CNA should revise its procedures to ensure effective enforcement of audiovisual regulations, including monitoring online media. Additionally, its budget and human resources should be realigned to reflect the growing importance of regulating online audiovisual content. Legislation should also be updated to assess the concentration of media ownership in the digital space.

The authors of the report argue that Romania’s media regulatory system requires significant reforms to align with European standards and ensure the independence and transparency of both the CNA and public service media.