22
d)
The statement made by President Chávez to the National Assembly on January
13, 2007, in which he said the following: “RCTV’s concession is only good through January,
February, March, April, and May [of 2007]. They can gripe and stamp their feet all they want, but
54
the concession to that fascist channel [RCTV] is finished […]
81.
In February 2007, MINCI launched an official campaign to explain why RCTV’s
55
concession was not being renewed. Placements in newspapers, flyers, paintings on walls and posters
in government offices displayed RCTV’s logo and carried the following message: “Give the concession to
the truth… Don’t renew the license for lying. The people have the power! Bolivarian Government of
56
Venezuela. Ministry of the People’s Power for Communications and Information.” For his part, Minister
William Lara justified the decision not to renew RCTV’s concession by claiming that the station had
supposedly violated the law. He said that “Granier systematically violates the Law on Social
Responsibility in Radio and Television by scheduling adult programming in the viewing time reserved for
57
children’s programming.”
58
82.
The State also published and circulated the Libro Blanco sobre RCTV. According to the
claims made in that publication, the decision not to renew RCTV’s concession was driven by “the
demands of Venezuelan civil society in protest to RCTV’s egregious breaches of its social
59
responsibility,” as RCTV had supposedly “served as a stand-in for political actors and manufactured its
messages, violated freedom of information, incited civil war and the coup d’état, attempted to undermine
the balance of powers, established economic cartels, and engaged in other conduct alien to the social
responsibility that the State and society demand of it. These are entrepreneurs who are using a portion of
60
the electromagnetic spectrum.” The decision was also allegedly based on the strategy for “changing the
communications model in Venezuela, where the owner of the media outlet is also the owner of all its
61
messages.”
54
Annex 26, Address by President Chávez, Janjuary 10, 2007, Communication from the petitioners received on March 1,
2010, Attachment B.8; Annex **, Agencia Bolivariana de Noticias, news report titled Presentación del Mensaje anual del presidente
de la República Bolivariana de Venezuela, Hugo Rafael Chávez Frías, ante la Asamblea Nacional [President of the Bolivarian
Republic of Venezuela, Hugo Rafael Chávez Frías, delivers his Annual Address to the National Assembly], Federal Legislative
Palace, January 13, 2007. Communication from the petitioners received on February 18, 2010, Attachment 41.
55
Annex 44, Communication from the petitioners received on February 18, 2010, Attachment 75; National Assembly of
the Republic, Ministro Willian Lara: ex trabajadores de RCTV tienen abiertas líneas de crédito para formar cooperativas [Minister
William Lara: former RCTV employees have open lines of credit to form cooperatives], no date. Available [in Spanish] at:
http://www.asambleanacional.gob.ve/index.php?option=com_content&task=view&id=12103&Itemid=63
56
Annex 45, Judicial Branch, Ninth Municipal Court of the Metropolitan Caracas Judicial Circuit, Judicial Inspection done
on March 14, 2007, photographs attached. Communication from the petitioners received on February 18, 2010, Attachment 46;
Aporrea, “Medios Alternativos debaten sobre nuevo modelo de comunicación” [Alternative Media debate new communications
model], February 10, 2007. Available [in Spanish] at: http://www.aporrea.org/medios/n90460.html.
57
Annex 46, Agencia Bolivariana de Noticias, Trabajadores de RCTV tiene garantizada estabilidad laboral [RCTV
employees guaranteed job stability], April 11, 2007, Communication from the petitioners received on February 18, 2010, Attachment
76. Voltairenet.org, Los Trabajadores de RCTV tiene garantizada la estabilidad laboral [RCTV employees guaranteed job stability],
April 13, 2007, available [in Spanish] at: http://www.voltairenet.org/Los-trabajadores-de-RCTV-tienen.
58
Annex 47, MINCI, Libro Blanco sobre RCTV [White Book on RCTV]. Venezuela: March 2007, First Edition.
Communication from the petitioners received on February 18, 2010, Attachment 47. That publication was added to the websites of
various state agencies. Annex 48, Ministry of the People’s Power for communications and Information, Ministry of the People’s
Power for Culture, Venezuelan National Radio, Official Portal, main page, including the link “Libro Blanco sobre RCTV”,
Communication from the petitioners received on February 18, 2010, Attachment 48. Available [in Spanish] at:
http://www.rnv.gov.ve/noticias/docs/libro_blanco_RCTV-Web.pdf,
http://www.fundacenafv.gob.ve/portal/index.php?option=com_content&task=view&id=263&Itemid=2.
59
Annex 47, MINCI, Libro Blanco sobre RCTV [White Book on RCTV]. Venezuela: March 2007, First Edition.
Communication from the petitioners received on February 18, 2010, Attachment 47, pp. 9 and 10.
60
Annex 47, MINCI, Libro Blanco sobre RCTV [White Book on RCTV]. Venezuela: March 2007, First Edition.
Communication from the petitioners received on February 18, 2010, Attachment 47, pp. 10-12.
61
Annex 47, MINCI, Libro Blanco sobre RCTV [White Book on RCTV]. Venezuela: March 2007, First Edition.
Communication from the petitioners received on February 18, 2010, Attachment 47, p. 54.