PRESS RELEASE
PREN/68/03
SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION EXPRESSES
SERIOUS CONCERN OVER INITIATION OF ADMINISTRATIVE PROCEEDINGS
REGARDING TELEVISION CHANNELS IN VENEZUELA
The Special Rapporteur for Freedom of
Expression, Eduardo Bertoni, observes with serious concern the
initiation of administrative procedures, promoted by the Ministry of
Infrastructure, against various television channels in Venezuela.
These proceedings are based on law that is inconsistent with the
exercise of freedom of expression and could lead to punishment in the
form of revocation of the administrative authorization or concession
granted to various companies to provide telecommunications services.
According to reports, on Wednesday, February 5, officials
of the Ministry of Infrastructure appeared at Venevisión channel
headquarters to give notice of an administrative investigation
proceeding instituted on the grounds of alleged violations of Article
171 of the Telecommunications Act and Article 53 of the
Radiocommunications Regulations. This proceeding is in addition to
others instituted under the same regulations against the Globovisión,
RCTV, and Televen channels. The Rapporteur reported that, on January
23, he communicated with the Minister of Foreign Affairs, Roy
Chaderton, to express his concern over the initiation of
administrative proceedings of this sort and to request official
information on the grounds for these actions. To date, the Rapporteur
has not received a reply, although he has received reports of public
statements at the highest levels of government that television
stations might be closed in the near future.
The Rapporteur will continue to monitor
the progress of these proceedings until their conclusion. However, it
is a matter of concern that they have been instituted on the basis of
law that is inconsistent with international standards of freedom of
expression. Article 53 of Venezuela’s Radiocommunications Regulations
provides, inter alia, that: "It is absolutely forbidden to
transmit from radio broadcast stations: (...) j) False, misleading, or
biased statements or reports." The Rapporteur has said repeatedly
that the right to information includes all information, including that
which, rather than truthful, may be "erroneous," "ill-advised," or
"incomplete," precisely because the wide-ranging discussion and
exchange of ideas is the appropriate way to search for the truth.
Imposing, before the fact, the requirement that only the truth be
reported, when in many cases the question of what is true is highly
subjective, precludes the necessary discussion by which to seek that
truth. The "truthful" information doctrine represents a step backward
for freedom of expression in the Hemisphere, since the free flow of
information would be limited by qualifications before the fact,
something that is inconsistent with the broad interpretation given
this right in the inter-American system. In these cases the
television channels would also be accused of other violations of the
Regulations, among them expressions that incite “disrespect of
legitimate institutions and authorities” (Article 53.c of the
Regulations). The punishment of such types of expression is
inconsistent with the American Convention on Human Rights, according
to arguments in the jurisprudence of the Inter-American Commission on
Human Rights since the publication of its report on the
incompatibility of desacato (“insult”) laws with the Convention.
Lastly, the Rapporteur has stated on
various occasions that use by the state of law contrary to the freedom
of expression is a serious impediment to democracy-building, since it
prevents the free discussion of ideas and opinions. The Special
Rapporteur for Freedom of Expression recalls that Article 13 of the
American Convention on Human Rights, to which Venezuela is a party,
establishes that the right to freedom of expression "includes freedom
to seek, receive, and impart information and ideas of all kinds,
(...)".
Washington D.C., February 6, 2003
http://www.cidh.oas.org/Relatoria/English/PressRel03/PRelease6803.htm