73 Communication No. 0424 or Resolution No. 002, and has not been substantiated by technical reports proving what the State has indicated. Therefore, the Court has no evidence to allow it to conclude that RCTV did indeed have specific technical characteristics that other television channels did not have and that justified the difference in treatment. The Court stresses that, in the instant case, based on the inversion of the burden of proof as a result of the application of a prohibited type of discrimination contained in Article 1(1) of the Convention, it would have been particularly important for the State to substantiate the differential treatment to the detriment of RCTV with technical evidence, expert reports and opinions, in order to disprove that presumption. 231. However, the Court has already considered proved that the editorial line and the political position transmitted by RCTV were among the main reasons behind the decisions taken in Communication No. 0424 and Resolution No. 002 (supra para. 197). This has been revealed by the numerous statements by different State officials cited previously, in which they spoke out about the content of the RCTV transmissions (supra para. 75 to 86). 232. Having established the government’s position towards the critical editorial line of RCTV, the Court underscores the allegations that RCTV had not changed its conduct: If we make a comparative analysis of the behavior of some television channels on April 11, 12 and 13 [2002], which were openly in support of the coup d’état, and we compare this to their conduct today, there have been qualitative changes in their programming, in the news line, in the editorial line. […] However, there are other cases where no such change, correction, is in evidence; instead they have stubbornly clung to their conduct as in was on April 11, 12 and 13 in the country”298 (underlining added). 233. Furthermore, the Court recalls the words of President Chávez during an event at the Ministry of Defense on June 14, 2006: I have ordered a review of the television network concessions. Some channels have shown signs of being prepared to change, and it appears that they intend to obey the Constitution and the law. Regarding those who backed the coup, which was everyone; at that time, we could have eliminated those concessions; however, we called for dialogue, reflection. Was it a mistake? I don’t think so. I don’t think so. Everything in its time.299 234. In this regard, the Court emphasizes that if a government applies differential treatment based on its satisfaction or dissatisfaction with a channel’s editorial line, this has a dissuasive, intimidating and inhibiting effect on those who exercise their right to freedom of expression (supra para. 164), because it sends a threatening message to the other media of what could happen to them if they followed an editorial line similar to that of RCTV. As mentioned previously, the failure to allow the exercise of the right to freedom of expression in equal conditions prevents the public debate on issues of interest to society that is essential for the protection of democracy and the pluralism of the media. 235. Based on the above, the Court concludes that, in this case, there is evidence to determine that the State’s decision to reserve to itself the portion of the spectrum assigned to Press release on the website “Vive” entitled “Lara: Hay televisoras y emisoras de radio que violentan los derechos de los usuarios” of June 14, 2006, (evidence file, folios 3121 and 3122); Article in the newspaper “El Nacional” entitled “Chávez amenazó con revocar concesiones a televisoras en 2007” of June 15, 2006 (evidence file, folios 3117 to 3119), and Press release on the website “Radio Nacional de Venezuela” entitled “Hay televisoras y emisoras de radio que violentan derechos de usuarios” of June 14, 2006 (evidence file, folio 3124). 298 Speech by President Chávez on June 14, 2006 (evidence file, CD, Video minute 1:39; Article in the newspaper “El Universal” entitled “Chávez anunció nuevas compras y cambios en concepción de equipos militares” of June 14, 2006 (evidence file, folios 3109 to 3111); Press release “Chávez: ‘He ordenado la revisión de las concesiones de los canales de televisión” of June 14, 2006, (evidence file, folios 3112 and 3113), and Article in the newspaper “El Mundo” entitled “Chávez ordena revisar las concesiones de televisión privada en Venezuela” of June 15, 2006 (evidence file, folio 3114). 299

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