Referring to the illegal character, the Romanian law has incriminated acts and/or materials of an obscene or pornographic nature engaging minors; these could be considered according to the case, either crimes or contraventions, depending on the gravity or the social danger they may represent. The law enforcement authorities (the police, the prosecutor's office and the court) have the competence to check and establish the adequate penalties.
The reports referring to illegal content are received and processed on the basis of the internal working methodology of the hotline and the cooperation protocol between FOCUS and the General Inspectorate of the Romanian Police.
- Production of child pornography through computer systems;
- Offering/ making available materials representing child pornography through computer systems;
- Distributing/Transmitting child pornography thorugh computer systems;
- Procuring for oneself or for another child pornography through computer systems;
- Possesion, without right, of pornographic materials in a computer system or in a computer-data storage medium.
Relevant judicial act: Law no. 161/2003 regarding certain measures for assuring the transparency in exercising public dignities, public offices and in the business environment, as well as preventing and sanctioning corruption (child pornography on the internet).
Sexual abuse on children
- The sexual act, of any nature, with a person of a different or the same gender, who hasn't reached the age of 15 yet;
- Acts of sexual perversion with a person who hasn't reached the age of 15 yet;
- Acts of obscene nature committed on a minor or in the presence of a minor;
- Luring a person with the purpose of committing sexual acts with a minor of a different or the same gender.
Relevant judicial act: Criminal Code (offences regarding sexual life).
Possessing with the intent to spread
Materials of pornographic1 nature which present or involve minors younger under 18 years,
Using a minor
In acts of an obscene nature2.
Organizing reunions in public spaces, to which minors participate or assist and during which acts of obscene character are being committed.
Relevant judicial acts: Law no. 196/2003 on the prevention and fighting against pornography and Law no. 678/2001 on the prevention and fighting against human trafficking (child pornography)
Incitement to discrimination
Incitement to hatred on the basis of race, nationality, ethny, language, religion, gender, sexual orientation, opinion, political allegiance, convictions, wealth, social origin, age, disability, uncontagious cronic disease or HIV/SIDA infection.
Relevant judicial act: Criminal Code.
- Allowing the acces of minors in spaces where materials of an obscene nature are being commericialized;
- Allowing the access of minors in clubs with striptease and erotic programs;
- Selling to minors movies and pornographic magazines;
- Setting up stands for selling materials of an obscene nature at a distance less that 250 m from schools and after-schools centres;
- Selling materials of an obscene nature without the adequate package (the package shouldn't allow skimming in the magazine at the stand);
- Sending and distributing at home, with a commercial purpose, of some magazines with a pornographic nature, without the recipient having requested this service;
- Display in public spaces or window shops of materials of an explicit obscene character.
Relevant judicial act: Law no.196/2003 on the prevention and fighting of pornography
- Sending comercial emails, except for the cases in which the recipient has expressed his deliberate consent for receiving this emails.
Relevant judicial act: Law no. 365/2002 regarding the electronic commerce.
Harmfull/dangerous materials for children are those which may damage them, without being necesarilly considered illegal by the legislation in force.
Unlike the illegal content which lies in the competence of the law enforcement authorities and whose circulation is forbidden by law, the harmfull content is authorized, but it should have a restricted circulation (forbidden for minors) and its message may be considered offensive for users, although its publication is allowed due to the principle of the liberty of freedom.
On the basis of the international experiences3, one may use the following classification of the harming/potentially harmfull content:
- materials which display nudity;
- materials which display violent scenes (e.g. attacks, rapes, abuse on humans or animals, torture, murder, etc.);
- materials which use a vulgar language (abusive language, vulgarities, obscenities);
- potentially dangerous materials (describing and using cigarettes, alcohol, drugs, gambling);
- materials with other content which may represent a bad example for children (they may either teach or encourage children to get involved in dangerous activities or to imitate a dangerous behaviour);
- materials whose content may induce fear, intidimation, aversion or psychological terror;
- materials which incite or present discrimation or violence against any individual or group on the basis of age, sexual orientation or ethnical, religious or nationality reasons.
The reports which refer to other situations than those exposed above WILL NOT be processed by the hotline.
Whenever you want to report diferent facts referring to children which do not lie in the competence of the hotline, you may report to the general directorates of social assistance and child protection and, at the central level, the National Authority for the Protection of Family and Child's Rights (www.copii.ro) or you can make a report calling at the Child's Phone (116.111 - free call in the Romtelecom network).
Whenever you want to ask for a piece of advice regarding a better protection of your children when they surf the internet, you may access the Helpline or the site of the project SIGUR.INFO.
Any other reports which do not lie in the competence of the hotline or which do not refer to children are not to be taken into consideration (e.g. reports regarding facts of corruption which do not refer to minors, infringements on the consumer's rights, protests, different complaints which do not refer to minors etc).
The person who completes the reporting form has the option of remaining anonymous by not filling in the contact data. Completing an online report doesn't necessarily imply losing the anonimity. The hotline registers only the information filled in by the person who makes a report, it doesn't register any other piece of information, not even the IP address of the computer used for making the report.
In case the person who makes the report wants to be notified on the results of the investigation, then she/he should give some contact data. The minimum information needed: the complete name, the address, email, etc.
Objects,engravings, photos, holograms, drawings, writings, imprintings, emblems, magazines, movies, video or audio recordings, commercials, computer programs and applications, songs and any other forms of expression which explicitly displays or suggests a sexual activity.
There are not considered obscene/pornographic materials:
- Scientific or works of art;
- Materials created with an artistic, scientific, research, educational or informing purpose.
Gestures and explicit sexual behaviours, images, sounds or words which by their meanings bring an offence to the decency and any other forms of indecent manifestation regarding sexual life.