Since 27 September 2026, under CNA Decision No. 116/2026, published in the Official Gazette No. 718 of 28 August 2026, Romanian video creators who meet ten cumulative tests must notify the National Audiovisual Council (CNA) by 26 November 2026 and be recorded as providers of on-demand audiovisual media services. The Decision does not license content, but it brings the largest channels inside the regulator’s perimeter.
Why did the CNA adopt the Decision?
The Decision answers a market reality where some creators run channels that look and operate like small media services. They publish regularly, sell advertising and sponsorships, and curate catalogues and playlists for a large audience. Under EU law, such a service can fall within the audiovisual media rules even though it sits on a third-party platform.
The CNA’s stated rationale is the growing reach of user-generated audiovisual content, especially among minors, aligning it with Directive (EU) 2018/1808, which amended the Audiovisual Media Services Directive (AVMSD, Directive 2010/13/EU) and extended the EU audiovisual framework to video-sharing platforms. The Decision itself targets creators rather than platforms and sets out when a channel counts as an on-demand audiovisual media service and how it must be notified.
Which content creators must notify the CNA?
A channel is notifiable only if it passes the cumulative conditions below. Failing one takes it outside the regime.
| Condition | What implies |
| The activity is commercial | Advertising, sponsorship, subscriptions and similar income point this way |
| The creator has editorial responsibility and controls the selection and order of programmes in the catalogue or playlists | Not defined further in the Decision |
| Viewers watch on individual request, at a time they choose | Catalogue and playlist structure matters |
| The main purpose is to inform, entertain or educate | Covers most mainstream content |
| The service is delivered through a video-sharing platform | YouTube, TikTok, Instagram, Facebook and similar |
| The channel is on a platform accessible in Romania | – |
| The content is accessible to and aimed at the Romanian public, including Romanians abroad | Language and audience are relevant |
| At least 100,000 followers or subscribers | May be counted across platforms |
| At least 24 videos uploaded in the last 12 months | – |
| Money, products, services or another benefit for the creator or a third party | Includes benefits for the content creator |
The Decision excludes content that public institutions publish to present their own activities.
What is the deadline for CNA notification, and how does it work?
The first deadline is 26 November 2026, 60 days after the Decision entered into force. Creators who reach the thresholds later must notify once they meet the conditions.
- One filing for all platforms. A creator active on several platforms files a single notification and receives a single supply notice.
- What the form asks. Channel and platform details, an estimate of followers, monetisation sources, the main theme of the content and whether the channel has a system to tell viewers which videos contain commercial communications.
- The supply notice. It certifies that notification was made. It does not review editorial content and cannot be transferred to a third party.
- Publicity. The CNA will keep a public list of providers, stating the criteria on which each was qualified.
What is the risk of not notifying the CNA?
Failing to comply with it is treated under the Audiovisual Law (No. 504/2002), which makes it a contravention to breach the CNA’s normative decisions. In practice, the CNA first issues a formal warning notice with a deadline. A fine applies if the provider does not comply or breaches the rule again.
Beyond fines, a creator that meets the ten conditions but holds no supply notice risks being treated as an unregistered provider. Brands and agencies may also ask for proof of status before signing. In our reading, this commercial pressure will arrive before any enforcement action.
What changes for content creators once notified?
Status. A notified creator becomes a provider of on-demand audiovisual media services. The CNA states that the content rules are unchanged, meaning the Audiovisual Law (No. 504/2002) and the Audiovisual Content Code (CNA Decision No. 573/2025), which cover the protection of minors, human dignity, accurate information and commercial communications still apply. In our reading, the practical shift is accountability. The creator is now an identified, listed provider that the regulator can supervise directly.
Does the CNA approve content before publication? No. The Decision creates no authorisation of content and gives the CNA no power to approve opinions before publication.
Commercial practice. Sponsored content is where the exposure concentrates. The notification form asks about monetisation and about how viewers are told that a video contains commercial communications. Brands and agencies will want to know whether a creator is notifiable, and whether they have notified. Influencer agreements will need warranties on notification status, cooperation duties when the data changes, and clear labelling rules.
Open questions
As a new legislation, several points will only settle through CNA practice:
- Editorial responsibility and commercial character. Art. 33 of the Decision does not say how much curation or what type of income is enough. Borderline channels, such as an occasional collaborator or a creator whose income is irregular, will need case-by-case analysis.
- What counts as a video. The decision refers to 24 audiovisual items in 12 months. The Decision does not say whether short clips, stories or livestream recordings count.
- Counting followers. The 100,000 threshold may be met cumulatively across platforms. The Decision does not address duplicated audiences or how the CNA will verify the figure.
- Foreign platforms and foreign creators. Art. 35 of the Decision looks at the jurisdiction of the platform and at whether content targets the Romanian public. How the regime applies to creators established in other Member States, given the country-of-origin logic of the EU framework, is not settled by the text.
Frequently asked questions
Do followers on TikTok and Instagram add up to the 100,000 threshold?
Yes, the figure may be counted across platforms. The Decision does not address duplicated audiences or how the CNA will verify the number, so creators close to the threshold should document their figures.
Are creators based abroad covered?
Possibly. Art. 35 of the Decision looks at the jurisdiction of the platform and at whether the content is aimed at the Romanian public, including Romanians abroad. How the regime applies to creators established in other Member States, given the country-of-origin logic of the EU framework, is not settled by the text.
Does notification mean a license?
No. The supply notice only certifies that notification was made. It does not review or authorise editorial content and cannot be transferred to a third party.
Do I need separate notifications for each platform?
No. A content creator active on several platforms files a single notification and receives a single supply notice.
What if my channel reaches the thresholds after 26 November 2026?
You must notify once you meet the conditions. Monitor followers and uploads so that crossing a threshold triggers a filing.
Do public institutions have to notify?
No. The Decision excludes content that public institutions publish to present their own activities.
Next steps
Creators and the companies that work with them should act before 26 November 2026.
- Test each channel against the ten conditions and record the analysis.
- Review how commercial communications are labelled and whether the channel shows a contact email.
- Update content creator and agency agreements with notification warranties and change-reporting duties.
- Set a process to monitor followers and uploads numbers, so a later threshold crossing triggers a filing.
Lexters advises creators, agencies and brands on the classification analysis, the notification file, the choice of structure and the contractual changes. Contact us at contact@lexters.com if you would like a view on a specific channel before the deadline.
Sources
- CNA Decision No. 116/2026, published in the Official Gazette No. 718 of 28 August 2026
- CNA press release of 2 September 2026
