9 37. In this sense, the State considers that "the alleged victims’ statements with regard to the nonexistence of a National Telecommunications Plan as of the moment the Venezuelan State made its decision to not renew RCTV's concession is totally false." 2. Pleadings on the request for transformation of RCTV titles 38. Regarding the request for the issuing of new titles (concession and administrative authorization) submitted by the alleged victims and their alleged right to preference, the State responds that the right of preference is not established in any Venezuelan legal instrument, for which reason it cannot be claimed. It indicates that in response to that request, the People's Power Ministry on Telecommunications and Information Technology responded in a communication dated March 28, 2007, explaining to RCTV its legal situation subsequent to May 27, 2007. It indicates that the administrative response was provided in a timely and prudent fashion so that all available remedies could be exercised. It argues that Resolution No. 002 was also issued. That Resolution concluded the administrative proceeding open by RCTV on the May 6, 2002, with regard to the transformation of its concession. 3. Pleadings on RCTV and the coup d'état 39. The State alleges that on April 11 to 13, RCTV was involved in an attack on the constitutional and legal order, as well as on the collective right of users to receive timely, objective and true information from the media. 40. The State alleges that Article 108 of the Constitution establishes that "public and private media must contribute to educating the citizenry (...),” for which reason they have the duty to provide plural and diverse information that allows citizens to identify themselves as members of society. Likewise, it cites articles 57 and 58 of the Constitution establishing a prohibition on censorship and the right "to timely, true and impartial information, without censorship," respectively. It also makes reference to prohibitions on anonymity, war propaganda, discriminatory messages and messages promoting religious intolerance, and censorship by public officials in order that matters under their responsibility can be revealed, all established in Article 57. Regarding this, it holds that several international NGOs are of the opinion that Venezuelan media "clearly sympathize with the opposition parties, act to defend their positions and have led the political activism in opposition to the government of President Hugo Rafael Chávez Frías." 41. The State indicates that a week after the aforementioned coup d'état took place, in a speech given before his government’s Federal Council on April 19, 2002, the President of the Republic stated that, “This coup d'état would not have been possible without the support of the media. If the media, especially television stations, want to continue feeding this and we allow it, they are going to pull us into a war." 42. The State argues that RCTV left explicit evidence of its participation in the coup d’état, not only in the widely distributed image showing that its general director, Marcel Granier, was present in Miraflores Palace during the unconstitutional swearing-in of Pedro Carmona, "the illegitimate president of Venezuela, but also through its editorial stances, the distribution of false information and political propaganda, and the application of censorship." 43. The State argues that a series of actions taken by RCTV between April 10 and 11, 2002, violated laws in force at the time. It alleges that on April 13 and 14, 2002, RCTV imposed a news blackout with which it censored the marches calling for the return of President Hugo Chávez. It indicates that "after a three-day bombardment of constant news broadcasts, RCTV changed its programming and began broadcasting cartoons and movies like The Jungle Book, Fast and Furious, El espía del deseo, Hoguera de pasión, among others.” 44. The State argues that the journalists that remained in RCTV headquarters during the April incidents did receive information from international news agencies. It alleges that according to the

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