92
D.i.
.
Abusive use of “nationwide government broadcasts” on April 8 and 9
2002
365. The Commission argued that on April 8 and 9, 2002 RCTV had to transmit the
interventions and speeches made in nationwide government broadcasts and in an
interspersed manner by different officials and governmental entities, such as the Mayor of
the Municipality Libertador of the Capital District, the Minister of Labor, the General in Chief
of the Armed Forces, the Minster of Defense, the Minister of Education, the President of
Petróleos de Venezuela S.A. (PDVSA), the Governor of the State of Cojedes, the President of
FEDEPETROL and representatives of different unions related with the transportation
industry, who in use of the prerogative contemplated in Article 192 of the Organic Law on
Telecommunications, made those transmissions in nationwide government broadcasts
through the different television and radio stations between April 8 and 9, 2002, starting at
approximately 14:30 hours, in an uninterrupted and interspersed manner. The Commission
also stated the notorious fact of the calling to a strike or general stoppage summoned by
the Labor Confederation of Venezuela (C.T.V.), which was publicly supported by Federation
of the Chamber of Commerce of Venezuela (Fedecámaras).
366. The representatives stated that RCTV’s schedule was subject to interruptions by the
State with its continuous and repetitive “nationwide broadcasts”, ordered in a fragrant
violation of the regulations that established the limits to the exercise of that power.
367. With regard to the use of the administrative power called “nationwide government
broadcasts”, the State argued that the obligatory transmission of certain information or
speeches, which is duly established in the Venezuelan legal codes, cannot threaten or in any
way affect the properties belonging to RCTV, since it in no way affects its equipment or
installations. Additionally, the State mentioned the need there was to transmit to the
population messages that would help avoid the degeneration of the protests into violent
events, such as the ones that occurred in April 2002, reason for which it stated that it could
not limit the number of hours of the speeches of the President of the Republic or other State
officials, but that instead it should be analyzed considering the situation of general interest
that had to be presented to the population. The use of these powers, employing all social
communication media firms does not constitute, per se a violation of rights, not even when
the obligatory transmissions lasted many hours, provided that the circumstances required it.
368. The Court observes that the interventions to the broadcasts of RCTV occurred the
day before and during the coup d’etat of April 2002. Regarding the fact argued, an order of
April 9th of the Sixth First Instance Civil, Mercantil, and Traffic Court of the Judicial District
of the Metropolitan Area of Caracas 348 was presented as evidence. The latter referred to a
request from the proxy of the mercantile corporation RCTV so that the court could spread
upon the record the number and duration of the interruptions to RCTV’s schedule with the
transmissions announced by the Minister of the Secretariat of the Presidency of the Republic
along with the national television and radio network and the people intervening in each of
the joint transmissions. In that order, the court rules that “the stated facts enjyed such
notoriety that no evidence was necessary to consider them as proven,” by virtue of which it
denied the request for a visual inspection.
369. It is appropriate to point out that Article 192 of the Organic Law on
Telecommunications attributes to the Presidency of the Republic the power to order the
transmission of official messages or speeches. 349
348
Cf. order of April 9th of the Sixth First Instance Civil, Mercantile, and Traffic Court of the Judicial District of
the Metropolitan Area of Caracas (dossier of evidence, volume VI, folios 1912-1940).
349
In the following terms: “Without detriment of the legal stipulations in security and defense issues, the
President of the Republic may, directly or through the National Telecommunication Commission, order the