28 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

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