Fines up to RON 8000 for non-compliance with children’s rights in advertising

The Government Decision no. 75/2015, published as at February 13th 2015 sets out the prerequisites that are required in order that children could carry out activities in the cultural, artistic, sports, advertising and modelling fields.

Before a child reaches the age of 14, their parent or legal representative is the person who has the right to sign the service-level agreement with the organiser of such activities. If they have already reached the age of 14, the contract can be signed directly with the child, after receiving the consent of the parents or of the legal representative of the child. In case the child has the minimum age for employment (15 years old, with the consent of the parents, or 16 years old), organisers will be able to conclude with them individual employment agreements.

The Government Decision stipulates certain strict conditions regarding the nature and type of such activities carried out by children. Such activities are not allowed if they are considered hazardous for children. Moreover, depending on the age of the child, certain times and intervals are instituted, during which children are to perform their activities with certain break intervals.

During such remunerated activities, the child must be accompanied by an adult. In case a child cannot be accompanied by parents or a legal representative, or by a person appointed by them during such activities, the organiser has to assign them an attendant. In case a child is under 1 year, the presence of the parents or of the legal representative is compulsory.

Before the activity starts, the child’s parent or legal representative has to inform the public social welfare service of the city or town where the child is permanently resident (SPAS) on such activity and within 10 working days they have to send SPAS a certified copy of the contract.

The organiser will have to provide the parents or the legal representative with sufficient information regarding the nature and conditions under which the child carries out its activity and any other issues that render their responsibility necessary. They also have to grant access to paediatric medical care, offer the child access to locker rooms, lockers, hygiene and sanitary areas, adequate recreation rooms and lounges and contact the parents or the legal representative of the child from time to time.

Any violation of the principles set out by this regulatory deed is considered offence against the law and it shall be punished by a fine ranging between RON 1000 and 8000, depending on the actual violation against this rule.

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