31
d) On January 8, 2007, during the ceremony to appoint a new Cabinet, President
Chávez spoke against about the RCTV concession indicating that: “Nothing
and nobody will prevent us complying with the decision not to renew the
concession of that television channel, and we all know which one. Nothing and
nobody will prevent it,”120 and
e) Declaration of President Chávez during a speech to the National Assembly on
January 13, 2007, in which he stated: “They just have January (a few days),
February, March, April, May [2007]. They can yell and stamp their feet all they
want, but the concession of that fascist channel, RCTV, is over.”121
81.
In February 2007, MINCI launched an official campaign to explain why RCTV’s
concession would not be renewed.122 In press releases, banners, posters in government offices,
and painted on walls, messages were distributed with the RCTV logo and the following message:
Give the concession to the truth…RCTV … [don’t] renew [the license] for lying
¡The people have the power!
Bolivarian Government of Venezuela. Ministry of the People’s Power for Communications and Information.123
82.
Meanwhile, Minister William Lara justified the non-renewal by claiming that RCTV had
supposedly violated the law, stating that, “Granier has systematically violated the Radio and
Television Social Responsibility Law showing programs for adults at times when children are
viewing.”124
83.
Similarly, María Alejandra Díaz, Director General of Social Responsibility and
Independent National Production of the MINCI, stated with regard to the non-renewal of the
RCTV concession:
This is not a political problem, in my opinion. First, because if you analyze the RCTV file, it shows
recalcitrant conduct regarding many other issues unrelated to politics. This a sovereign decision of the
State. But, also, it is based on two articles of the Constitution – articles 108 and 113. Therefore,
Venezuela has two obligations. One is the democratization of the use of the electromagnetic spectrum
established in article 108, and the other is the deconcentration of the use and exploitation of the
electromagnetic spectrum established in article 113.125
Press release of “Radio Nacional of Venezuela” entitled “Nada ni nadie impedirá no renovación en concesión a
RCTV” [Nothing and nobody will prevent non-renewal of the RCTV concession], of January 8, 2007 (evidence file, folios
1573 and 1574).
120
Speech by President Chávez on January 13, 2007, note of “Agencia Bolivariana de Noticias” entitled
“Presentación del mensaje anual del Presidente de la República Bolivariana of Venezuela, Hugo Rafael Chávez Frías,
ante la Asamblea Nacional, Palacio Federal Legislativo” [President of the Bolivarian Republic of Venezuela, Hugo Rafael
Chávez Frías, delivers his annual address to the National Assembly], of January 13, 2007 (evidence file, folio 3164).
121
MINCI press release entitled “Ministro Willian Lara: ex trabajadores de RCTV tienen abiertas líneas de crédito
para formar cooperativas” [Minister William Lara: lines of credit opened to former RCTV employees to form
cooperatives] (evidence file, folio 3167).
122
Judicial inspection conducted on March 14, 2007, Ninth Municipal Court of the Judicial District of the Caracas
Metropolitan Area, photos attached (evidence file, folios 3170 to 3188). Press release on the website “Aporrea” entitled
“Medios Alternativos debaten sobre nuevo modelo de comunicación” [Alternative media debate new communications
model], of February 10, 2007. Available at: http://www.aporrea.org/medios/n90460.html (evidence file, folios 3189
and 3190).
124
Press release of “Agencia Bolivariana de Noticias” entitled “Trabajadores de RCTV tiene garantizada estabilidad
laboral” [RCTV employees guaranteed job stability], of April 11, 2007 (evidence file, folio 3192). “Los Trabajadores de
RCTV tiene garantizada la estabilidad laboral” of April 13, 2007, Available at: http://www.voltairenet.org/Lostrabajadores-de-RCTV-tienen.
123
Statement by María Alejandra Díaz in the documentary: Digan La Verdad (made by the Ministry of the People’s
Power for Communications and Information based on the RCTV White Paper (CD, Video Documentary, Digan La Verdad
minute 03:49).
125