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transmit, jointly and without any time limit, all the official speeches or messages
that the National Executive Branch (the President of the Republic, the Vice President,
and Ministers) consider it opportune to address to the population. […] This constant
interruption of the regular programming of the audio-visual media by the
Government has unquestionably become a threat to freedom of expression”;
(c)
“The imposing of Government propaganda by the Venezuelan State in
violation of article 10 of the Radio and Television Social Responsibility Act.” They
indicated that this article establishes that “it is not permitted to use these spaces to
broadcast the publicity or propaganda of State organs and entities”; despite this, the
State has been failing to observe this provision, obliging Globovisión to transmit
messages that are clearly official publicity;
(d)
“The indirect pressure and censure exercised by the Venezuelan State by not
offering Globovisión contracts for official publicity.” They stated that situations such
as those described have been recognized by the Inter-American Commission on
Human Rights as indirect pressure on the exercise of freedom of expression; and
(e)
“The indirect pressure exercised by the State by failing to grant the
concessions and permits requested by Globovisión to expand its coverage.” In this
regard, they reported that CONATEL has delayed issuing any decision on such
requests without any justification, even though Globovisión has presented all the
necessary supporting documents.”
In this brief, the representatives asked the Court, inter alia, to reiterate to the State the
provisional measures that had been ratified, and to order the State to adopt the following
provisional measures:
[…] 9. To require the State to abstain from addressing verbal attacks and other confrontational
expressions, through its senior officials, against the media, their journalists, employees and
management and, in particular, against Globovisión, in order to avoid the acts of intimidation and
physical attacks against the petitioners resulting from this incitement.
10.
To require the State to avoid the abusive and unnecessary use of the mechanisms for
broadcasting official messages through the national radio and television network, to prevent this
mechanism becoming a means of censuring the media.
11.
To require the Venezuelan State to abstain from carrying out discriminatory practices
designed to obstruct the access of the private media and, particularly, Globovisión, to news from
official sources.
9.
The note of the Secretariat of October 30, 2007, in which, on the instructions of the
President, it granted the parties until November 14, 2007, to forward any observations they
deemed pertinent on the brief of the representatives (supra Having seen paragraph 8), “in
particular, concerning the request for expansion of the measures.”
10.
The brief of November 14, 2007, in which the Inter-American Commission, in
response to the request made in the note of the Secretariat of October 30, 2007, forwarded
its observations on the request for the expansion of the measures submitted by the
representatives. The Commission stated, inter alia, that “most of the measures requested
by the representatives of the beneficiaries in its request for their expansion related to the
State’s obligation to safeguard and protect the life, personal integrity and freedom of
expression of the beneficiaries, and that, based on its content, it constitutes a reiteration of
the measures that the Court has already ordered and that are still in force.”
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