102
371. Even though the Commission did not clearly identify the specific facts they are
referring to, it indicated that the common element in such incidents was the fact that the
sources of information to which the news team of Globovisión tried to access were, in all
instances, official. The Commission noted that in most of these situations, the official media
were afforded access and transmitted the events, possibility that was denied to the news
team of Globovisión, claiming that the events were private, open only to official media or
that Globovisión was not “on the list” to enter the place in spite of having met the
prerequisites. The Commission alleged that the burden of claiming and providing adequate
grounds for justifying a restriction of any right protected by the Convention falls on the
State and that in the case at hand, Venezuela did not prove that the alleged restrictions
were prescribed by law, or that it was necessary to protect national security, rights of
others, order, health or morals or that the official or private nature of a media constitutes a
reasonable and objective criteria of distinction as to the access to certain sources of
information.
372. The representatives pointed out 16 facts that they consider to be barriers to access
to sources of information, among which they include not only situations in which they could
not access to official premises, but also other situations in which reporters would have to
leave the area without covering the story or demonstration. The representatives also
alleged facts that they were not expressly mentioned in the application of the
Commission336, which shall not be analyzed given the fact that they do not form part of the
factual framework of the instant case.
373. The representatives alleged that the State by directly or indirectly restricting, due to
action or omission or lack of diligence, the access of Globovisión to national events, and
preventing the news team from covering those events in order to broadcast them, has
denied the possibility to the citizens of controlling, assessing and, finally, intervening in the
management of the government and its actions. Besides, they pointed out that in spite of
being able to access to the contents of the actions by means of the retransmission of the
signals of State stations, they were prevented from presenting the information from another
point of view different from the official one, even when being able to interview the public
officials on certain occassions at official events.
374. The State pointed out that neither the Commission nor the representatives proved,
in the six alleged facts, that the news teams of Globovisión were prevented from having
access to official sources. The State argued that “the fact that certain television stations
could have entered with more news teams and equipment to cover a particular event, may
have many explanations, which does not necessarily imply the violation of a right”; for
example, the insufficient physical space at the premises where the activity was being
developed. In turn, it pointed out that most of the events that take place in a public office
336
In particular, they mention three incidents that were included in the framework of the provisional
measures regarding the media Globovisión, of January 27, 2005; February 14, 2005 and April 21, 2005. Moreover,
in the final written arguments they referred to 35 “additional” facts regarding alleged restrictions to access to
sources of information. Apart from the foregoing, the representatives mentioned in the final arguments that they
received a letter from Venezolana de Televisión on May 26, 2008 by which they were notified that a new rate
schedule was ordered for the rebroadcasting of its signal by third parties, being Globovisión the only broadcast
media of Venezuela that has received such communication; such request was later on denied. The Commission
mentioned this fact in the final written arguments. This aspect does not specifically refer to the alleged facts as
alleged restrictions to access to official sources of information, since it was not mention whether such rates apply
to the retransmissions of the six facts contained in the application. In this way, they would not be supervening fact
since they do not clarify, explain or disprove the facts already alleged; otherwise, they are news facts that clearly
fall outside the factual framework of the case.
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