2
to the Court, the criteria for inclusion on the list of victims of the indirect restriction of the
right to freedom of expression was the “real impact on the communications mission of the
company.”7 Based on the total number of violations declared by the Court, the list of victims
is variable: the 7 indirect shareholders in relation to the right to due process in the
proceedings on the transformation of the titles and renewal of the concession 8 and the right
to a hearing and a reasonable time in the processing of the action on joint and separate
interests;9 11 in relation to the indirect restriction of the exercise of the right to freedom of
expression10 and the obligation of non-discrimination,11 and 19 with regard to the right to a
reasonable time in the administrative proceedings for annulment 12 and the right to a
reasonable time in the processing of the unspecified interim measure in the context of the
administrative proceedings for annulment.13
5.
Also, the fifteenth and sixteenth operative paragraphs bear no relationship to any of
the paragraphs declaring violations, and consider that the legal person, RCTV, is a victim, and
substantially, its seven indirect shareholders.
6.
Thus, from a subjective perspective, 168 journalists, employees and executives who
were included in the original petition have been omitted from the protection of the judgment,
and 176 of these from the protection of freedom of expression. The beneficiaries of the
findings and reparations in relation to the most important aspects are the seven shareholders.
The other individuals who have been considered victims on some points, citing their supposed
capacity as employees, in reality were part of another category because they were senior
executive personnel.
Objective aspect
7.
The reduction of the number of people involved in the proceedings before to Court to
seven individuals – the shareholders – also explains why, from an objective point of view, the
claims that were asserted and the results finally obtained were related not to the individual
and social values associated with freedom of expression, but rather to the RCTV company and
its owners. Several points illustrate this assertion.
8.
First, the shareholders did not assign priority to the possible concession of another
channel that would have allowed them to continue operating. Indeed, paragraph 209 notes
that the representatives indicated that “there were other free and available frequencies on
the radioelectric spectrum.” Their arguments reveal that they were more interested in
underlining that there were also “the frequencies of another television station in the same
legal, technical and commercial conditions as RCTV, so that there was no reason that justified
why it had to be precisely the RCTV frequencies that had to be used to permit the alleged
democratization of the media.” But, if there were other “free and available” frequencies, and
if they wanted to defend freedom of expression, the most logical and natural reasoning would
be that RCTV should have requested one of these frequencies.
9.
The judgment also refers to the State’s assertion (which was not contradicted by the
7
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, paras. 153 and 158 to 160.
8
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 5.
9
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 8.
10
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 3.
11
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 4.
12
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 6.
13
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, operative para. 7.
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