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.”