90
.
356. From the official letters provided by the Commission it can be concluded that
CONATEL considered that the program “La Entrevista en el Observador”, broadcasted on the
mentioned dates, had violated the legal regulations in force in Venezuela since it included
scenes with a high content of violence during a time frame reserved for the Adult
Orientation (OA) Rated transmission.344 The official letters state that by transmitting the
images of violence, RCTV violated Article 6 of the Partial Regulations on Television
Broadcasts, Decree N.2.625, which states that “the OA Rated Transmissions shall not
include the aspects stated in subparagraphs b) through j) of Article 4 of these regulations.”
Article 4, subparagraph “c” of said article refers to “violence translated into attacks that
mutilate or tear up the human body,” and subparagraph “h” to “Excessive levels of physical
or psychological aggression.” Based on the aforementioned, CONATEL exhorted the
directors of the communication firm RCTV, through the mentioned official letters, to impart
scenes such as those transmitted on the program “La Entrevista en el Observador” only
after 21:00 hours, time frame assigned to Adult (R) Rated programs, 345 and they were
reminded that they had not complied with their commitment to adapt the content of the
programs to the time frame during which they were broadcasted. Likewise, RCTV was
exhorted to not present images or sounds that would allow the identification of children or
teenagers victims of illegal acts. Finally, CONATEL stated that, if it did not follow the
recommendation, “it [would] reserve the right to proceed with the corresponding legal
actions.”
357. The Court observes that CONATEL, upon issuing the mentioned official letters, did so
based on the Partial Regulations on Television Broadcasts, whose objective was to order and
regulate television broadcasts346 and it established a reserved time frame in which
transmissions should not include scenes with a high content of violence. The Court points
out that it is a normal practice of States to establish systems and regulations of time frames
and classified elements for television broadcasts, which can restrict certain liberties and
implies the observance of the legitimacy criteria mentioned (supra paras. 115 through 118).
However, the Commission and the representatives have not questioned the regulations that
serve as grounds for the official letters issued by CONATEL themselves, or the legality of
those acts, and they have not provided evidence to invalidate their content. Therefore, the
Court shall determine if the three official letters sent by CONATEL constituted, per se, a
direct or indirect method or means or restriction to the freedom of the alleged victims to
seek for, receive, and spread information.
358. Under the mentioned criteria regarding Article 13(3) of the Convention (supra para.
340), this Tribunal has verified that the indicated official letters issued by CONATEL do not
prohibit the transmission of the program, but instead they suggest that it be broadcasted at
an hour adequate for the mature public. Likewise, from the official letters and the evidence
representatives did not specify the numbers of the official letters, even though they did mention the dates on which
they were received, they especially mentioned two official letters of January 28 and one of February 14, 2002.
Since the Commission and the representatives referred to the issues dealt with in the programs questioned by the
official letters, the Court understands that the three official letters argued as a violation to Article 13(1) and 13(3)
of the Convention are the ones stated.
344
The Partial Regulations on Television Broadcasts, Decree 2,625, states in its Article 10, subparagraph “b”
that “The OA rated transmissions may be broadcasted only between one and three post-meridian and between
8:00 post-meridian and nine ante-meridian of the next day.”
345
The Partial Regulations on Television Broadcasts, Decree n. 2.625, states in Article 10, subparagraph “c”
that “The R rated transmissions may only be broadcasted between nine post-meridian and five ante-meridian of
the following day.”
346
Cf. statement offered by María Alejandra Díaz Marín before notary public (affidavit) on April 9, 2008
(dossier of evidence, volume XVI, folio 5395).