45
185
was rejected for being inadmissible and time-barred.
One of these pieces of evidence sought to
establish that "no definitive sanction [had] been imposed for serious violations of the Law on Social
186
Responsibility in Radio and Television," highly relevant evidence given that certain statements of public
officials had justified the nonrenewal of the RCTV concession by alluding to alleged infractions of
187
broadcasting laws.
The only formal and public action in this process was the March 28, 2007,
188
notification indicating that the concession would not be renewed. That is, the decision not to renew the
RCTV license and grant it to another station was the result of a closed process characterized by a total
lack of transparency. In this process, RCTV itself was denied the opportunity to take part by providing
evidence and receiving a hearing, even to respond to and eventually invalidate the statement of the
Communication and Information Minister that the broadcaster had violated radio and television laws. All
this was in violation of the Venezuelan State’s procedural obligations. Nor was RCTV allowed to
participate in a transparent and impartial process whereby, in accordance with the rules of administrative
due process, a new licensee was selected in conformity with articles 76 and 77 of the Organic
Telecommunications Law.
146.
Having analyzed the Venezuelan State’s compliance with its procedural obligations, the
Commission will now move to analyze State compliance with its substantive obligations upon deciding not
to renew RCTV’s concession. The Commission recalls that this analysis consists of determining whether
the decision to not renew the concession was based on objective and impartial criteria, in conformity with
articles 13.3 and 1.1 of the American Convention. The Commission observes in this sense that Article 30
of the Convention establishes that, “The restrictions that, pursuant to this Convention, may be placed on
the enjoyment or exercise of the rights or freedoms recognized herein may not be applied except in
accordance with laws enacted for reasons of general interest and in accordance with the purpose for
which such restrictions have been established.”
147.
In order to determine if the non-renewal of the RCTV concession was compatible with the
State’s substantive obligations, the Commission must first identify the criteria employed by the State in
making this decision. The Commission must then determine whether these criteria were compatible with
the Venezuelan State’s obligations under the Convention.
148.
As indicated, the petitioners in this case allege that the decision not to renew RCTV's
concession was illegitimate retaliation on the part of the Venezuelan government for the broadcaster’s
editorial stance critical of the government. As evidence of this, as also has been mentioned, the
petitioners make reference to statements of senior Venezuelan officials including the President of the
185
Annex 25, MPPTI, Communication No. 0424 of March 28, 2007, pp. 11-13, Communication of the petitioners received
on February 18, 2010, Annex 28.
186
Annex 25, MPPTI, Communication No. 0424 of March 28, 2007, p. 12, Communication of the petitioners received on
February 18, 2010, Annex 28.
187
For example, on December 29, 2006, Mr. William Lara stated that RCTV "constantly violates various articles of the
Social Responsibility in Radio and Television Act." Annex 37, Agencia Bolivariana de Noticias, news item headlined William Lara:
Decision to not renew RCTV concession is legal and constitutional, dated December 29, 2006. Communication of the petitioners
received on February 18, 2010, Annex 44; Annex 38, Radio Nacional de Venezuela, news item headlined "Servicio Público de
Televisión
Nacional
will
use
the
frequency
left
open
by
RCTV,”
available
at:http://www.rnv.gov.ve/noticias/index.php?act=ST&f=2&t=43149 and Annex 39, State acts in accordance with law in case of
RCTV, available at:http://www.rnv.gov.ve/noticias/?act=ST&f=&t=43138, both dated January 26, 2007. Communication of the
petitioners received on February 18, 2010, Annex 103.
With regard to the statements of Minister Chacón Escamillo, also see: Annex 40, El Universal, news item
Government
considers
turning
over
RCTV
frequency
to
channel
8,
December
30,
2006,
at:http://www.eluniversal.com/2006/12/30/pol_art_129283.shtml. Communication of the petitioners received on February
Annex 45.; MINCI, communication headlined Free to air signal of RCTV will operate until May 27,
at:http://www.rnv.gov.ve/noticias/?act=ST&f=2&t=42181, dated December 29, 2006, and Annex 41, Analítica news item
“William Lara specifies that measure against RCPV will be applied in March," dated December 29, 2006,
at:http://www.analitica.com/va/sintesis/nacionales/4704007.asp. Communication of the petitioners received on February
Annex 118.
headlined
available
18, 2010,
available
headlined
available
18, 2010,
188
Annex 49, MPPTI, Resolution No. 002 of March 28, 2007, pp. 11-13, Communication of the petitioners received on
February 18, 2010, Annex 30.