Law 148/2000 and Online Advertising in Romania: A Plain-Language Guide

Before we start: what this guide is, and is not

This is a general explanation of Romanian advertising law 148/2000 for marketers and agencies who want to publish advertorials and press content in Romania. It is written by a publisher of such content, not by lawyers, and it is not legal advice. It does not quote articles or paragraphs, because the law has been amended since it was first adopted, and a summary can easily go out of date. Treat everything below as orientation: a map of the main ideas, so that you know what questions to ask before you commission or publish an advertorial on Romanian sites.

If you need to know whether a particular text, claim or format is allowed, read the current consolidated text of the law, which you can find through the official legislation portal, and ask a lawyer who works in advertising or consumer law. This is especially important in regulated sectors such as health, finance, gambling, alcohol and food supplements.

This guide also refers to the practical rules we apply at Succes Grup. Those are our own publishing rules, not the content of the law; where the two overlap, we say so, and where they do not, we say that too.

What Law 148/2000 is

Law 148/2000 is the general Romanian law on advertising. Broadly, it defines advertising as communication intended to promote the supply of products or services, and it lays down principles that apply to advertising regardless of the medium. It was adopted before social media and content marketing existed in their present form, but its principles are general enough that people apply them to the web as well.

Think of it as a framework rather than a rulebook for each product. Many sectors add their own rules on top: there are separate rules for medicines, for tobacco, for alcohol, for gambling, for financial services and for food and supplements. Consumer-protection law and the rules on unfair commercial practices also apply to how products are described and priced. An advertisement can comply with the general advertising framework and still breach a sector rule.

Different authorities may supervise different aspects: consumer-protection authorities for how consumers are treated, the audiovisual regulator for broadcast content, and other bodies for sector matters. Which authority is relevant depends on the content and medium. Sanctions and procedures are set in the legislation and may change, so we do not summarise them here.

The main ideas, in plain language

The law covers many details, but several themes recur in explanations of it. The list below gives them in general terms, without citing specific provisions. It is indicative, not exhaustive, and it does not follow the structure of the law itself.

• Honesty and no misleading. Advertising should not mislead the audience about what is offered, its price, its qualities or the advertiser. Omitting an important fact can mislead as much as stating a falsehood.
• Recognisable as advertising. The audience should be able to tell that a message is advertising. A paid text dressed as independent news is the standard example of what the principle aims to prevent.
• No subliminal advertising. Messages designed to influence people below the threshold of their awareness are not acceptable. In content marketing, the idea is often discussed together with hidden promotion.
• Respect for human dignity. Advertising should not offend the dignity of persons.
• No discrimination. Messages should not discriminate on grounds such as origin, sex, religion or similar characteristics.
• Respect for image and honour. Advertising should not harm the image or honour of persons, which is one reason why, in editorial practice, publishers refuse images of people used without their consent, and attacks on identifiable people or businesses.
• No exploitation of fear or credulity. Advertising should not play on fear, superstition or the vulnerability of people, in ways designed to push them into a decision.
• Lawful goods and services only. Advertising goods or services that cannot lawfully be sold or provided is not acceptable.

These are summaries of general ideas. They do not replace the wording of the law, and they leave out details such as conditions for comparative advertising, which is subject to its own rules and needs careful checking before you use it.

What this means for online content and advertorials

Advertorials sit exactly where several of these principles meet. A sponsored article is commercial communication, written to look like editorial content. That makes two questions important: is it honest, and is it recognisable as advertising?

Notice the overlap with editorial rules. The publishing rules of Succes Grup refuse disguised or subliminal advertising, “independent” paid news and paid reviews, as well as false urgency and attacks on competitors. These are the agency’s rules, set for editorial and business reasons, and they are consistent with the general principles above. They are not a guarantee that a text is lawful in every respect, and publishing a text does not transfer the advertiser’s responsibility to the publisher. The full list is on the publishing rules page, and the commonly cited grounds of refusal are discussed in 12 reasons an editor rejects an advertorial.

How should sponsored content be marked?

The principle is clear: the audience should be able to tell. The precise form, such as the wording, the placement and the visual treatment, is a point on which you should consult the current legal text and professional advice, and on which publishers’ practices differ. Some general good habits, which do not depend on one reading of the law, are:

1. Ask the publisher how it labels sponsored articles, and accept that label. Do not ask for it to be removed.
2. Write in your own voice as an advertiser, not as a neutral observer. Do not present self-published praise as an independent finding.
3. Do not create fake journalistic framing, such as invented bylines or “our investigation found”, for content that is promotional.
4. Avoid presenting paid reviews or testimonials as spontaneous opinions.
5. Where a link is paid for, consider how the attribute should be set. This is a separate question from the legal one and relates to Google’s guidance; our article on dofollow, nofollow and sponsored links covers it.

The aim is that no reader is left unsure whether they are reading an advertisement.

Claims that deserve extra caution

Some types of statement attract more scrutiny, for reasons that are easy to understand.

• Health claims. Statements that a product treats, cures or prevents an illness are restricted in advertising and heavily scrutinised. For supplements and cosmetics, treatment or cure properties are not allowed in the content we publish. See advertorials for clinics and medical practices.
• Superlatives and rankings. “Best”, “number one” and “leader” suggest a comparison. Without evidence they can mislead.
• Prices and offers. Misleading price statements or hidden conditions are an area where care is needed.
• Financial products. Risk and cost information has to be clear. Promises of getting rich are not acceptable to us.
• Alcohol, tobacco, gambling and similar. These have specific rules. In the agency’s rules, tobacco and e-cigarettes are not published, alcohol must not be aimed at minors, and gambling is limited to licensed operators with the required warnings and without bonus promotion.
• Children and vulnerable audiences. Extra care is expected whenever a message could reach them.

A practical checklist for marketers

1. Decide whether your text is advertising. If it is paid for or intended to promote your product, assume it is.
2. For every factual claim, identify the evidence you hold and keep it.
3. Remove or qualify superlatives, guarantees and pressure language.
4. Check that comparisons and references to competitors are accurate, relevant and provable, or leave them out.
5. Confirm you have consent for anyone shown or quoted and the rights to the images.
6. Check your sector for additional rules and obtain professional advice if it is regulated.
7. Read the publisher’s rules and labelling practice before you write.
8. Keep copies of what was published and when.

Writing to this checklist from the start is cheaper than correcting a text afterwards. The article on what to tell your copywriter shows where to place such restrictions in a brief.

Common misunderstandings

• “The publisher checks everything, so I am covered.” A publisher may refuse a text, but acceptance is not a legal clearance. The advertiser remains responsible for its claims.
• “It is only a blog post.” Form does not decide whether something is advertising. Purpose and payment matter.
• “Everyone does it.” Common practice is not, by itself, a defence.
• “A disclaimer fixes it.” A small-print note is unlikely to cure a misleading headline.
• “I am based abroad, so Romanian rules do not apply.” If your message targets Romanian audiences, local rules are relevant. Take advice on how cross-border situations apply to you.

Next step

Use this guide to sharpen your questions, not to settle them. If you are preparing a text and are unsure, read the law on the official portal, get advice for regulated topics and check the publisher’s rules. Once your text is ready, the next practical question is visibility; getting a new article indexed explains how to help Google find a page once it is live.

For publication itself, you can read how it works in the description of our advertorial publishing service. Succes Grup publishes advertorials and press releases on 450 sites in 19 categories, according to the rules described above. Nothing on this page is a substitute for professional legal advice.

Frequently asked questions