53
h) Miguel Ángel Rodríguez, International Affairs Manager and anchor of “La Entrevista”,
was responsible for hosting this opinion program.231
154. In this regard, the Court notes that the individuals mentioned above carried out essential
tasks focused on the selection, ranking, management, direction and planning of the content of
news programs and other dramatic, educational, humoristic, entertainment and opinion
programs. The Court considers that these tasks made a direct contribution to RCTV’s
communications mission, because they had an obvious impact on the definition of the
programming transmitted by the channel.
155. Meanwhile, Jaime Nestares, as RCTV Board member and shareholder, stated that:
“specifically, as a shareholder and members of the Board of Directors, [he] shared in the
approval of the general programming policy and the orientation of the news and editorials, as
well as the management plans that ensured RCTV’s financial self-sufficiency, economic
independence, and profitability as a communications company.”232 Similarly, Marcel Granier,
also an RCTV shareholder and Board member, stated that, his functions included meeting with
the General Manager to review daily operations, meeting with the Press Director to decide on
the coverage of the most important news items, and to decide, with those in charge of the
opinion programs, who would be interviewed and which issues were the most relevant.233
156. Regarding his contributions, Peter Bottome stated that, “[a]s a shareholder and Board
members [he had] always considered that taking part in the ownership and direction of a
company such as RCTV involved exercising [his] right to freedom of expression. [His] financial
and personal contribution to the existence and operation of RCTV was part of [his] exercise of
freedom of expression and the exercise of the right to information of society as a whole.”234
157. Based on the foregoing, the Court has verified that both the employees mentioned above
(supra para. 153) and the three shareholders, members of the RCTV Board of Directors – that
is, Marcel Granier, Peter Bottome and Jaime Nestares – exercised functions that made an
essential contribution to RCTV’s communications mission, and they are, therefore, natural
persons whose freedom of expression could be violated by State’s actions vis-à-vis the channel.
158. In addition, the Commission indicated other employees who carried out logistical,
technical and administrative activities related to the production of content, such as:
a) Edgardo Mosca, RCTV Vice President for Engineering, in charge of planning and
executing the activities involved in the recording of programs and their transmission, as
well as providing manufacturing services to support production;
b) Anani Hernández, Vice President of Human Resources, whose role was to craft the
organizational structure needed for the channel’s productions by selecting the human
on-screen talent and the talent for the production areas;
c) José Simón Escalona, Vice President of Drama, Comedy and Variety Shows, who
controlled and supervised all the administrative and logistical processes necessary to
produce content in these areas;
d) Odila Rubin, Vice President of Information Technology, who provided the technological
infrastructure ensuring the quality and efficiency required to produce content, and its
maintenance and safety;
Certification of positions and description of activities adopted by the RCTV Board of Directors on July 29, 2011
(evidence file, folios 2788 to 2791).
231
232
Written statement of Jaime Nestares of May 7, 2014 (merits file, folios 1421 and 1422).
233
Statement by Marcel Granier during the public hearing of this case.
234
Written statement of Peter Bottome of May 7, 2014 (merits file, folio 1540).