93 . 370. The State mentioned that whoever considers that this power threatens any right may question that regulation through the filing of the corresponding appeal for annulment of the Organic Law on Telecommunications established in Article 112 of the Organic Law of the Supreme Court of Justice and Article 21 of the Organic Law of the Supreme Tribunal of Justice. Likewise, it forwarded an order issued in a domestic proceeding originated on an appeal filed by Mr. Marcel Granier and the attorney Oswaldo Quintana, of RCTV, on March 2, 2006 before the Constitutional Chamber of the Supreme Tribunal of Justice, where the rule indicated was questioned. 371. In the present case the Commission and the representatives have ot objected Article 192 of the Law on Telecommunications, nor have they questioned or presented elements regarding its bylaws. 372. The Court takes into consideration that the domestic court considered as proven that between April 8 and 9, 2002 several speeches given by public officials and representatives of unions were transmitted through nationwide “government broadcasts”, which constitute joint transmissions that must be made by the entire radio and television network at a national level. The transmission of those nationwide government broadcasts was based on the previously mentioned regulation and among the speeches broadcasted there are interventions of officials and people who, according to the law, were not expressly authorized to do it. Videos with the messages broadcasted or the official letters through which the transmission of those nationwide government broadcasts was ordered have not been presented. 373. Taking into consideration the prevailing situation in Venezuela at that time, the Court considers that it does not have sufficient elements to determine if the number and content of the messages and speeches transmitted constituted a legitimate or abusive use of the mentioned state power that affected the exercise of the rights acknowledged in Articles 13(1) and 13(3) of the Convention by the alleged victims. D.ii. Interruptions to RCTV’s signal D.ii.1 Fact of April 10, 2002 374. The Commission and the representatives argued that on April 10, 2002 agents of the DISIP and the Military House showed up at the transmission installations of RCTV, “Los Mecedores” station, with the “order that if they saw a divided screen during a presidential nationwide broadcast they would knock out the signal.” Given this situation, RCTV’s proxy requested that two visual inspections, a judicial one and an extrajudicial one, be carried out in order to spread upon the record that state of the antennas and of other installations belonging to RCTV at that station. It argued that neither of those inspections could be carried out since the members of the security forces located at the Los Mecedores Station did not allow the inspectors in. 375. Additionally, the representatives stated that it did not obey to the exercise of any legal authority, but methods de facto that would be decided and executed “manu militari” directly by those officials of the security and defense forces. operators who offer television services by subscription, through the information channel to their clients, and the radio and open television companies to transmit, without cost, official messages and speeches of the Presidency or Vice-Presidency of the Republic or the Ministers. The modalities, limitations, and other characteristics of those broadcasts and transmissions will be determined through the corresponding bylaws. All advertising of public entities will not be subject to the obligation established in this article.”

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