7
Radio Caracas Televisión, Marcel Granier, the President of the Bloque de Armas, Andrés de Armas,
and also Orlando Urdaneta, of Globovisión, and Patricia Poleo, of El Nuevo País. According to the account
given by Vásquez, during the meeting a discussion was held on the errors that the new government
had committed and the search for solutions, and the media representatives had agreed to cooperate
with the communications policy of the de facto government. This account of the meeting has not been
denied, and serves to assert that, although there are no indications that the media were involved in the
coup d’état, as President Chávez has insistently indicated, the almost unanimous reaction of the press,
radio and television had some common features: zero questioning of the new government and the way
in which it took power, omission of information that questioned the version that Chávez had resigned,
which implied censorship, and a large dose of partiality reflected in a media discourse on April 12, on
the radio and television and on April 13 in the newspapers, directed at giving legitimacy to the actions
signifying that President Chávez had been deposed. This combination of factors infringed the people’s
right to receive information”17 (bold added).
34.
It should be noted that the first victim in this case was cited by name, proof that is
coherent with other evidence that stands out in this case, in addition to the responsibility of
RCTV as a media outlet. This can be seen from the opinion of the expert witness proposed by
the victims, Antonio Pasquali, for example, that RCTV took part in an operation that was morally
wrong.
35.
It is essential to underscore that the way in which press coverage was conducted during
the coup d’état was detrimental not only for the effectiveness of the right to freedom of thought
and expression, but also for the consolidation of democracy in Venezuela. In this regard, it is
worth citing the following extract from the Inter-American Commission’s report:
473. However, the best way to foster a broader debate on ideas in Venezuela, in light of the political
crisis conditions it is currently facing, is through those actions that guarantee the editorial independence
of the media and enable journalists to perform, with the utmost care, their task of informing the public.
This is the challenge facing the media in Venezuela because their chief responsibility lies with the public
and not with the government. The process of reflection that the IACHR called for at the end of its visit
to Venezuela is still necessary.18
36.
The conduct of the media in that context – in which RCTV participated – prevented
Venezuelans from exercising their right established in Article 13 of the American Convention.
In this situation, it is important to verify the dual dimension of the parameters established for
the exercise of the rights and obligations of freedom of expression in its essential function for
democracy, as an individual guarantee that cannot be separated from the collective guarantee.
37.
The basic pillars for the interpretation of this article were developed in Advisory Opinion
OC-5/85. The first pillar proposed by the Court establishes that freedom of expression is a value
that, if it is not respected, endangers the exercise of the essential principles for the existence
of a democratic society. In the words of the Court:
Freedom of expression is a cornerstone upon which the very existence of a democratic society rests.
[…] It represents, in short, the means that enable the community, when exercising its options, to be
sufficiently informed. Consequently, it can be said that a society that is not well informed is not a society
that is truly free.19
38.
The content of freedom of expression is linked not only to the individual aspect of the
right, but also to its collective dimension. In this regard, the text of OC-5/85 clarifies that these
dimensions are necessarily intertwined and must be guaranteed simultaneously. This is because
Cf. Human Rights Center of the Universidad Católica Andrés Bello, “Entre el estruendo y el silencio. La crisis de
abril y el derecho a la libertad de expresión e información,” 2002. Available at: http://w2.ucab.edu.ve/tl_files/CDH/
recursos/entreelestruendoyelsilencio.pdf.
17
IACHR.
Report
on
the
situation
of
human
rights
in
Venezuela
(2003).
http://www.cidh.org/countryrep/Venezuela2003eng/toc.htm, consulted September 3, 2015.
18
Available
at:
I/A Court HR. Advisory Opinion OC-5/85 of November 13, 1985. Compulsory Membership in an Association
Prescribed by Law for the Practice of Journalism (Arts. 13 and 29 American Convention on Human Rights), para. 70.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents