Romanian executive under fire for changes in electoral rules targeting social media platforms and diaspora

Ten non-governmental organizations in Romania have issued a joint letter criticizing the executive for the emergency ordinance adopted on Thursday, January 16, which provides sanctions, including a turnover tax, for social media giants that fail to obey rules regarding electoral ads.

Another government measure under fire from the opposition limits voting in the diaspora according to Romanian local time.

The 1-5% Turnover Tax

The first ordinance in question stipulates the obligation to mark campaign advertisements on social media. It also contains fines for social media giants that fail to comply with the new rules.

During the government meeting on January 16, prime minister Marcel Ciolacu said that the fines for violating these rules could go up to 5% of the turnover of social media giants.

The measures, which will apply for the upcoming presidential elections in May, were adopted without any meaningful public debate, according to the NGOs.

“There are many aspects of the proposed project that could affect fundamental rights such as freedom of expression, or that directly conflict with existing legislation – the DSA Regulation or Law No. 334 on the financing of political parties and electoral campaigns,” the letter says, cited by G4Media.

Social media platforms will receive notifications from the authorities to mark posts appropriately within 5 hours, otherwise penalties may apply.

The ordinance is also unclear, a fatal flaw for a normative law, the NGOs say.

“It is not clear from the wording of this article that the regulations would refer exclusively to materials published by a political actor or on their behalf, as provided by the European Regulation on political advertising. Legislation regarding online campaigns is already complex and, in some respects, restrictive. It is crucial that the regulation of communication during the electoral campaign does not infringe on the freedom of expression of ordinary citizens who express themselves on social networks,” the letter also says.

Expert Forum, The Association for Technology and Internet, ActiveWatch, the Center for Public Innovation, the Center for the Study of Democracy, Miliția Spirituală, Respiro Human Rights Research Centre, the Civic Resource Center, Maria Krause, independent electoral expert, and CeRe: Resource Center for Public Participation are the signatories of the letter.