Venezuela: Freedom of Expression

Loida Gáffaro de Valera
Executive Secretary of the Presbyterian Church of Venezuela

CARACAS,  On December 28, 2006, President Hugo Chavez announced his decision to not allow RCTV (Radio Caracas Television) to renew its broadcasting license.  RCTV occupied channel 2 on the Caracas TV dial. President Chavez’s decision marks the fulfillment of one of the promises he made during his presidential candidacy.

RCTV’s president began an international campaign opposing the government’s decision to close the television station, claiming that the President and the Venezuelan government were violating the station’s freedom of expression rights.

The campaign has received support from advocates who are proposing international censure. Globovision of Venezuela has been particularly supportive of the campaign, along with other international media sources such as FOX, CNN and BBC.

RCTV’s license expired May 27, 2007.  Since then RCTV and others who opposed the license discontinuation created a new television station called TVES, formed with a strategy known by commentators as the “soft coup”:

a.  When RCTV’s license expired there were protests outside of the Venezuelan National Telecommunications Building, where the police and military guarded the perimeter.  The protest became violent when some protesters began to insult the police and threw dangerous objects at them.  Eleven police officers were wounded.  No protesters were reported injured.

b.  On May 28th and 29th universities, many private and two public, held protests.  The protests took place in the Venezuela interior and the east part of Caracas, known as an upper class neighborhood, where the government opposition is concentrated.

Many students demonstrating said it was their goal to hold peaceful demonstrations; however, “freedom of expression” rhetoric was mixed with anti-government messages.  The messages of some protesters promoted the violent overthrow of Hugo Chavez. Some protesters claimed that Chavez’s presidency was really a communist dictatorship instead of a democracy.

The most radical groups burned cars and violently clashed with police forces.  Some streets were closed as a result of the violent encounters. There were reports of both public and private property damage. Some police were taken to the hospital after being shot during the violent encounters. Several protesters were arrested.

c. Starting May 30th, protests began to dissipate.  The rhetoric also changed from “fight for freedom” to “fight for citizen’s rights.” Many principals and teachers from primary and secondary schools encouraged students to participate in protests, which in some cases turned out violent.  Several teenagers were arrested.  In Venezuela, the law states that Venezuelan citizens are responsible for their criminal and legal actions at twelve years of age.

d. Some media sources, national and international, have painted a picture of a country in extreme conflict, justifying these violent protests as freedom of expression and opposition to the closing of RCTV.  This, in turn, has made Venezuela appear ungovernable. However, university student protests have been carried out on a local level, without unanimous participation.  It is estimated that only 5% of students in private universities have participated in protests.

The following information should be made clear in order to objectively understand the Venezuelan reality in which we live:

1.  Radio and Television Broadcasting and Concessions. In Venezuela, as in other parts of the world, the TV/Radio dial is public domain.  The State is entrusted with the discretion to monitor radio broadcasting and to issue and renew licenses, or not.

On May 27, 2007, four other television stations were granted renewals.  RCTV was not.  RCTV used channel 2 to transmit programs, the same channel that it had used since 1953, when it was granted an indefinite broadcasting license under the dictatorship of General Marcos Pérez Jiménez.  In 1987, President Jaime Lusinchi required media to obtain broadcasting, which were issued for 20-year intervals, which expired on May 27, 2007.  Thus, it is not accurate to use the terminology of the “closedown” of the television station, rather of a governmental broadcasting concession that expired and was not renewed.

2. Venezuelan Law. 

Since 1959 a series of laws that regulate program content were created in addition to the laws that apply to the broadcasting and government monitoring.  These content requirements include: cultural goals, ban on programs that are amoral, promotion of good customs and language, game shows that promote cultural knowledge and intellectual achievement, requirement to play 50% Venezuelan music, ban on advertisements or programs that directly or indirectly promote the consumption of alcohol, cigarettes or other tobacco products.

A law regarding Radio and TV Social Responsibility was passed in 2004 … which includes all regulations from previous laws.  It also regulates schedules for broadcasting according to the content of the program, requires five and a half hours from independent producers, establishes a minimum time for children’s programs, promotes the creation of user committees, and places responsibility on stations for the information they transmit, etc.

3. RCTV’s Case, why the license was not renewed.  RCTV is the oldest Venezuelan TV station and was forerunner in the development of Venezuelan TV.  RCTV had golden ages of excellent cultural, drama and music programs, with an emphasis on the Venezuelan way of life.  However, the station began moving slowly away from Venezuelan programs to canned material from abroad.  Venezuelan music was substituted for North American music.  The variety shows, game shows, and soap operas began to contain elements of “machismo,” vulgarity, racism, and even pornography.

1976:  During the government of Carlos Andréz Pérez RCTV was closed for 3 days for “reporting false and partial news.”

1980:  During the government of Luis Herrera Campins RCTV was closed for 34 hours for “transmitting sensationalist reports, unconfirmed views and accounts of events which were not edifying.”

1981:  During the government of Luis Herrera Campins RCTV was closed for 24 hours for the transmission of pornographic material.

1984:  RCTV was called out for making fun of President Luis Herrera Campins and his wife.

2006:  The Supreme Court of Venezuela ruled in favor of a lawsuit that claimed RCTV had transmitted content that sold and promoted pornography. In the last few years, viewers have filed several complaints against RCTV for violations of the constitutional articles 57 and 106.  Articles 57 and 106 protect children and adolescents (taken the Radio and TV Social responsibility law).  In 2002, during the overthrow, RCTV joined other media sources in criticizing the government, in the oil strike.  The streets were shut down with heavy objects and trash piles on fire.  RCTV offered unrestricted assistance to groups opposing the government.

The culmination of these situations was used to support the government’s decision to disallow RCTV’s broadcasting license renewal.

The government restated its authority by noting that according the telecommunication law (Art. 108.5) licenses would not be issued “when serious circumstances arise concerning the security of the State that, according to the President of the Republic, would make their concession imprudent.”

4. Marches and Student Protests

It is unusual that opposing political parties have not appeared during protests.  Recently recorded telephone conversations reveal that this was an intentional strategy to make student marches appear to be spontaneous.  However, the oppositional parties have been using the press of the marches and have actually been responsible for the appointment student leaders who are simply following the oppositional parties’ orders.

In the march carried out yesterday, the key players behind the action were not visibly present.  There are some students, mainly from public universities, who have denounced the violent protests and have invited protesters to enter into dialog about the freedom of expression.  As of yesterday the student group that opposes the government had not accepted the invitation. Today, they accepted the invitation and have planned a series of forums.  One of these spaces for dialog will take place at the National Assembly on June 7th.

 5.  The Media

One of the arguments posed by RCTV and other media sources that support it is that the freedom of expression is not allowed in Venezuela.  RCTV backs this argument up by stating that the government controls the majority of the media.

According to a study conducted by Complunse University, 85% of media sources are private and do not support the government… [Data that confirms the previous statement.]

In Venezuela there are 85 television stations, including national and regional stations.  The stations with the most viewers are channel 2, formerly operated by RCTV, channel 4, currently operated by Venevisión.  75% of their income was generated through advertisements.  Both stations are owned by powerful business groups who act as monopolies and who strategically plan the programs that are seen on the television.  For 97% of Venezuelan homes in urban settings, watching the TV is the number one pastime.  The TV is turned on for an average of 8 hours a day.  From that data, one can infer that the cultural implications of TV programs shape our way of life.  We also now understand that there are Venezuelan ways of life that are shaped by the foreign media sources, which are imposed upon our country.

6.  The Role of the U.S. Government

There are many facts that support that the U.S. government has been a key player in destabilization efforts in Venezuelan society.  U.S. government has offered support  in logistical and economic areas.  The preparation of pupils and the strategies of the Albert Einstein Institute, inseparably linked with the U.S., propose a “soft coup,” a strategy that has been used in Serbia, Georgia, etc.  This support has existed since 1998 and was quite evident in 2002 during the overthrow.  Yesterday the link was made clear when Condelezza Rice spoke in the OEA(Organization of American States) Assembly, and was reaffirmed by the points made by President George W. Bush in Prague.

Conclusion

1. The decision regarding RCTV is a decision made by the sovereign state of Venezuela, backed up by that station’s violation of Venezuelan law.

2. Venezuela is seeing the resurgence of destabilizing efforts from oppositional groups and from the U.S. government.

3. The Venezuelan population that supports the government has shown a complete commitment to the governmental processes, even though it may cost them their lives.  That implies that if destabilizing efforts continue, there may be a serious national confrontation.

 —Loida Gáffaro de Valera
     Executive Secretary of the Presbyterian Church of Venezuela.

Visit: Latin American and Caribbean Communication Agency

Venezuela: Libertad de expresión
Loida Gáffaro de Valera, CARACAS, Venezuela, Junio 6, 2007