90 . 356. From the official letters provided by the Commission it can be concluded that CONATEL considered that the program “La Entrevista en el Observador”, broadcasted on the mentioned dates, had violated the legal regulations in force in Venezuela since it included scenes with a high content of violence during a time frame reserved for the Adult Orientation (OA) Rated transmission.344 The official letters state that by transmitting the images of violence, RCTV violated Article 6 of the Partial Regulations on Television Broadcasts, Decree N.2.625, which states that “the OA Rated Transmissions shall not include the aspects stated in subparagraphs b) through j) of Article 4 of these regulations.” Article 4, subparagraph “c” of said article refers to “violence translated into attacks that mutilate or tear up the human body,” and subparagraph “h” to “Excessive levels of physical or psychological aggression.” Based on the aforementioned, CONATEL exhorted the directors of the communication firm RCTV, through the mentioned official letters, to impart scenes such as those transmitted on the program “La Entrevista en el Observador” only after 21:00 hours, time frame assigned to Adult (R) Rated programs, 345 and they were reminded that they had not complied with their commitment to adapt the content of the programs to the time frame during which they were broadcasted. Likewise, RCTV was exhorted to not present images or sounds that would allow the identification of children or teenagers victims of illegal acts. Finally, CONATEL stated that, if it did not follow the recommendation, “it [would] reserve the right to proceed with the corresponding legal actions.” 357. The Court observes that CONATEL, upon issuing the mentioned official letters, did so based on the Partial Regulations on Television Broadcasts, whose objective was to order and regulate television broadcasts346 and it established a reserved time frame in which transmissions should not include scenes with a high content of violence. The Court points out that it is a normal practice of States to establish systems and regulations of time frames and classified elements for television broadcasts, which can restrict certain liberties and implies the observance of the legitimacy criteria mentioned (supra paras. 115 through 118). However, the Commission and the representatives have not questioned the regulations that serve as grounds for the official letters issued by CONATEL themselves, or the legality of those acts, and they have not provided evidence to invalidate their content. Therefore, the Court shall determine if the three official letters sent by CONATEL constituted, per se, a direct or indirect method or means or restriction to the freedom of the alleged victims to seek for, receive, and spread information. 358. Under the mentioned criteria regarding Article 13(3) of the Convention (supra para. 340), this Tribunal has verified that the indicated official letters issued by CONATEL do not prohibit the transmission of the program, but instead they suggest that it be broadcasted at an hour adequate for the mature public. Likewise, from the official letters and the evidence representatives did not specify the numbers of the official letters, even though they did mention the dates on which they were received, they especially mentioned two official letters of January 28 and one of February 14, 2002. Since the Commission and the representatives referred to the issues dealt with in the programs questioned by the official letters, the Court understands that the three official letters argued as a violation to Article 13(1) and 13(3) of the Convention are the ones stated. 344 The Partial Regulations on Television Broadcasts, Decree 2,625, states in its Article 10, subparagraph “b” that “The OA rated transmissions may be broadcasted only between one and three post-meridian and between 8:00 post-meridian and nine ante-meridian of the next day.” 345 The Partial Regulations on Television Broadcasts, Decree n. 2.625, states in Article 10, subparagraph “c” that “The R rated transmissions may only be broadcasted between nine post-meridian and five ante-meridian of the following day.” 346 Cf. statement offered by María Alejandra Díaz Marín before notary public (affidavit) on April 9, 2008 (dossier of evidence, volume XVI, folio 5395).

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