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76.
Similarly, on June 14, 2006, President Chávez stated during an event at the Ministry of
Defense:
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. […]
We’re going to have to take a second look at the concessions granted to the television channels that
are going to expire soon, they begin to expire in 2007. We can’t be irresponsible and continue granting
concessions to a handful of people who, availing themselves of the electromagnetic spectrum that
belongs to the State – in other words, that belongs to the people – then use it against us, functioning
like a fifth column right under our noses. I couldn’t care less what the oligarchs of this world say. […]
Over and again, we have demonstrated that we are neither authoritarian nor arbitrary. We always
prefer to call for unity, but there are some who will never heed this call. […] We must act and ensure
that the Constitution is respected […] to protect our people, to protect national unity, because every
day they issue messaged that incite hate, disrespect for our institutions, sowing doubt among the
population, rumors, psychological warfare to divide the Nation, to weaken and to destroy it. […] This
is an imperialist plan. They are Trojan horses right under our noses.112
77.
On the same day, June 14, 2006, the Minister of Communications and Information
William Lara indicated in a press conference:
We can see, for example, there are television and radio stations that violate the users’ rights; that fail
to comply with their duties as service providers. Let us remember an emblematic day; the conduct of
the television networks and radio stations on April 12, 2002. On that day, we saw, on the one hand,
the failure of the operators of the communications services to fulfill their duties, and also the
infringement or violation of the rights of the users. The Venezuelan State is obliged, by the
Constitution, to guarantee that all Venezuelans receive equal treatment from service providers in
relation to the use of the electromagnetic spectrum. Therefore, we are constantly making this
evaluation and, as we know, next year, the concessions granted to some television channels expire.
Our evaluation concludes at that time and the respective report will be made to the corresponding
entities, including the Head of State. […]
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, and
also – I repeat – in their respect for the rights of the users of the service and their obligations as
providers of a public service. However, there are other cases where no such change, correction, is in
evidence; instead they have stubbornly clung to their conduct as it was on April 11, 12 and 13 in the
country. […] According to the law, the Venezuelan State – in this case through MINCI and CONATEL –
has the authority not to renew a concession. Evidently, a Venezuelan citizen who feels that he has
been affected by a decision of a public body can have recourse to the instance he considers pertinent.
As for us, the officials responsible for taking decisions, we assume the defense of those decisions as
required; just as, for example, we are defending the Radio and Television Social Responsibility Law
before the Supreme Court of Justice from the attempt to eliminate it based on a request by a private
group.113
Speech by President Chávez on June 14, 2006 (evidence file, CD, Video minute 1:39; Newspaper articles in “El
Universal” entitled “Chávez anunció nuevas compras y cambios en concepción de equipos militares” [Chávez announced
new purchases and changes in military equipment planning], of June 14, 2006 (evidence file, folio 3109), “Chávez: ‘He
ordenado la revisión de las concesiones de los canales de televisión” [Chávez: I’ve ordered a review of the television
channels’ concessions], of June 14, 2006, (evidence file, folios 3112 and 3113); Article in the newspaper “El Mundo”
entitled “Chávez ordena revisar las concesiones de televisión privada en Venezuela” [Chávez orders review of private
television concessions in Venezuela], of June 15, 2006 (evidence file, folio 3114).
113
Article in the newspaper “El Nacional” entitled “Chávez amenazó con revocar concesiones a televisoras en 2007”
[Chávez threatens to revoke television concessions in 2007] of June 15, 2006 (evidence file, folios 3117 to 3119).
Press release on the website “Vive” entitled “Lara: Hay televisoras y emisoras de radio que violentan los derechos de
los usuarios” [Lara: there are television and radio stations that violate the rights of the audience] of June 14, 2006
(evidence file, folios 3121 and 3122). Press release on the website “Radio Nacional of Venezuela” entitled “Hay
televisoras y emisoras de radio que violentan derechos de usuarios” [There are television and radio stations that violate
users’ rights] of June 14, 2006 (evidence file, folio 3124). Press release on the website “Venezuela de Televisión”
entitled “Lara: Hay televisoras y emisoras de radio que violentan los derechos de los usuarios” [Lara: there are
television and radio stations that violate users’ rights] of June 13, 2006 (evidence file, folios 3120 to 3122).
112