Freedom of Expression
Joint Press Release R08-10
PRESS RELEASE
08/10
COMMISSIONER FOR VENEZUELAN AFFAIRS AND IACHR’S SPECIAL RAPPORTEUR FOR FREEDOM OF EXPRESSION REJECT THE CLOSING OF CABLE TELEVISION CHANNELS IN
On January 23, 2010, Diosdado Cabello, Conatel director and Minister of Public Works and Housing, publicly urged companies that provide cable and satellite television subscription services to immediately remove from their programming lineups any television channels not in compliance with the Law of Television and Radio Social Responsibility. According to the Minister, the opinion of the service operator or of the government is sufficient for determining whether a channel is in violation of the law. He also warned that if the cable operators did not cease broadcasting the channels, "It will be they and not the channels who will be subject to an administrative procedure." At zero hour on January 24, 2010, at least six cable channels were taken off the air. RCTV Internacional and TV Chile were among them.
The decision to take a cable channel off the air for alleged non-compliance with the Law of Television and Radio Social Responsibility means, for all intents and purposes, the closure of a channel for not complying with this law. This decision therefore has enormous repercussions when it comes to freedom of expression, and as such must comply with all the guarantees consecrated in law, in the Venezuelan Constitution and in the international treaties to which the
In this case, the channels that were so suddenly taken off the air did not have an opportunity to defend themselves during a due process before an impartial authority. These channels were punished summarily, without due process and without justification under Venezuelan law. With this decision, the right to freedom of expression in Venezuela is further eroded, as it blocks cable media outlets from operating independently and without fear of being silenced on account of the focus of their reporting or their editorial stance.
The IACHR’s Commissioner for Venezuelan Affairs and Special Rapporteur for Freedom of Expression expressed their serious concern over these facts and urged the Venezuelan authorities to comply with the applicable legal provisions, in particular with the minimum guarantees of due process to which all the inhabitants of the
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