10 testimony of Andrés Izarra, former Communication and Information minister, who was working as news editor with the news program “El Observador” at that time, RCTV banned distribution of the news of the illegal detention of President Hugo Chávez, as broken by channel Telemundo, as well as the news that 6 several countries were upset with the designation of Pedro Carmona as president. 45. It argues that Article 171 of the LOTEL establishes a penalty - depending on the case for those stations “that use or allow for the use of telecommunication services for which they are authorized to abet the commission of crimes; (...).” 46. The State alleges that RCTV stated its approval of the unlawfully declared "transition government" upon broadcasting the following message: The yellow, blue and red flag waves today with the spirit of democracy, moved this time, for all time, by the winds of liberty. On this historical day, the Venezuelan people took charge of raising the glorious standard as high as their will was strong not to give in to the designs of a dark regime. Perhaps from now on, the yellow will represent not only the riches of nature but also the treasure of national dignity. Perhaps as of this moment, the blue represents an ocean of hope and the red, which evokes the proud memory of the blood of the heroes who forged our emancipation, will forever remind us of this day's martyrs, watering the earth with their example of struggle and honor. Starting now, a torrent of peace, stability, order and respect will return to fill the riverbed of the Constitution and reinstate the autonomy of the branches of government and the proper role of each entity, of each person. And for those of us with the mission to inform, once more and with greater determination we assume this commitment, sacred for the country's future. 47. The State alleges that on having used the television signal in a way that conflicts with the uses assigned by law, RCTV violated the communication regulations in force in 2002 and 2003 as established in Article 208 of the LOTEL. In this regard, it holds that the distribution of these messages meant an alleged infraction of the Broadcasting Regulation of 1984 - repealed by the Social Responsibility in Radio and Television Act of 2004 - in force in 2002. It highlights that in addition to establishing risible fines for these alleged infractions, it also provided for the penalty of a temporary or definitive suspension of broadcasting, which was not applied. 48. It indicates that once Pedro Carmona stepped down and then Vice President Diosdado Cabello assumed the presidency, RCTV complied with the obligation to air the official broadcast of this act and broadcast images of the return of the President of the Republic, Hugo Chávez. It indicates that thereafter, confrontations and challenges from service providers - RCTV especially - did not stop but rather intensified, as for example during the petroleum strike that the opposition called eight months later that the media very obviously supported. 4. Pleadings on the State decision not to renew RCTV's concession 49. The State rejects the arguments presented by the representatives of the victims with regard to the judicial ex officio proceeding for the temporary transfer of certain RCTV property. Regarding this, it argues that the judicial proceeding in which certain RCTV property was transferred to CONATEL is the result of the implementation of an Action for Collective and Diffuse Interests brought by a number of User Committees in order to guarantee the right to freedom of expression and access to information. 50. The State argues that the revocation of RCTV's concession was not carried out to silence the media outlet, as the petitioners allege. It argues that the expiration of the time period for which the concession for the use and exploitation of a portion of the broadcast spectrum to RCTV was granted is not the result of a penalty, but rather the effect of the passage of time and its resulting legal effects as established in Article 1 of the Regulations on Concessions for Television and Radio Broadcasters of May 6 (2002). In support of its argument, the State cites the statements of Andrés Izarra found in the book Chávez and the Mass Media