IACHR Takes Case involving Venezuela to the Inter-American Court

[Bacchus4.0]

http://www.oas.org/en/iachr/media_center/PReleases/2013/034.asp


.Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) filed an application with the Inter-American Court of Human rights in Case No. 12.828, Marcel Granier et. al. RCTV, Venezuela.


The facts of this case refer to the decision of the State of Venezuela not to renew the authorization to the frequency to Radio Caracas Television (RCTV). As a consequence of this decision, on May 28, 2007, RCTV stopped the transmission as an open television station, causing an impact to the freedom of expression of its stockholders, directors and journalists.


In its Merits Report, the Commission concluded that this decision violated the right to freedom of expression, the right to equality and non-discrimination, and the administrative due process. Although the formal objective declared by the State to support diversity and pluralism was indeed a legitimate public interest, the evidence of the case showed that the decision was based on the editorial line of the station. In this way, the decision was a clear act of deviation of power and an indirect restriction incompatible with the right to freedom of expression. In addition, RCTV was treated differently in comparison with other TV operators whose circumstances related to the concession were identical. The IACHR submitted the difference of treatment to strict scrutiny and concluded that the State could not justify its acts and, therefore, it also incurred in a violation of the rights to equal protection under the law and non-discrimination. The Commission also concluded that the process that led to the confiscation of property of RCTV violated the administrative due process.


The case was sent to the Inter-American Court on February 21, 2013, because the State did not inform the Commission, in the established period of time, about compliance with the recommendations contained in its Report on the Merits regarding this case. In that report, the Inter-American Commission recommended the State of Venezuela to initiate proceedings to allocate a free-to-air nationwide television frequency in which RCTV is able to participate, at a minimum, under conditions of equality. The process should be open, independent and transparent, apply clear, objective and reasonable criteria, and avoid any political consideration that discriminates on the basis of a media outlet’s editorial stance, in keeping with the standards set forth in this report; to make reparations to the victims for the damages they sustained as a direct result of the due process violations; and to adopt the measures necessary to guarantee that the process whereby radio and television frequencies are granted and renewed comports with the Venezuelan State’s international obligations vis-à-vis freedom of expression.

[Peace Patriot]

1. Yup, Chavez should have pulled the broadcast license of EVERY corporate broadcaster who

participated in the 2002 coup d'etat attempt--mainly Globovision, in addition to RCTV--but I'm glad he got one of them off the air!

It should never be forgotten what these repressive, 1%-er liars, coupsters and utter hypocrites tried to do to Venezuela. It has been called the "first media coup" (although U.S./2000 also qualifies). The corporate media in Venezuela were ACTIVE participants in the plot to kidnap the elected president, threaten his life, suspend the constitution, the courts, the national assembly and all civil rights, encourage riots and murder, AND BAN MEMBERS OF CHAVEZ'S GOVERNMENT FROM THE PUBLIC AIRWAVES.

"Free speech" was for RCTV and Globovision and FOR NO ONE ELSE!

It should also never be forgotten that private corporations use the PUBLIC airwaves AT THE WILL OF THE PEOPLE AND THEIR DULY ELECTED REPRESENTATIVES. No one--NO ONE!--has a "right" to broadcast--let alone to organize a coup d'etat and broadcast lies and propaganda on behalf of overthrowing the government and democracy itself. EVERY COUNTRY IN THE WORLD regulates use of the PUBLIC airwaves. At one time here, we had good regulation, which required "equal time" for opposing opinions if media moguls injected themselves into public policy; required public service programs of every broadcaster; and forbade media monopolies. We need to bring back the "Fairness Doctrine" HERE. Broadcasting is a LICENSE to be EARNED and NOT a "right."

It is no surprise to me that RCTV is trying to claw its way back onto the air in Venezuela, to organize, run and propagandize for yet more rightwing coups. It is also no surprise that they think they can get away with this by using the OAS, a U.S. tool based in Washington DC. If the OAS were really interested in democracy in Latin America, it would have condemned these media moguls for their roles in the 2002 coup attempt and called for strict regulation of the media in the public interest!

We need a revolution against the corporate media! They are no more supporters of "free speech" than Goebbels was. They are propagandists for fascism and war. They want "free speech" for the tyrants of this world--the banksters, the transglobal corporations and war profiteers--and NO SPEECH for anyone else.

Chavez fought the good fight against these bastards and opened up the public discussion in Venezuela to the poor and their advocates! To the excluded. To the oppressed. To those with new ideas. To those seeking the common good. It is no wonder that the corporate media sought to shut him down and can't stop slandering and lying about him even in his grave.

[Bacchus4.0]

2. Ven is turning into shit and you are cheering that on as progress

I'll just keep watching.

[joshcryer]

3. Yes, if they did that then the liars about RCTV would be consistent.

But nope they closed down the licenses of those stations that refused to change their programming.

Proving that it wasn't about the coup, it was about the programming that mattered to the state.

[naaman fletcher]

4. exactly

Proving that it wasn't about the coup, it was about the programming that mattered to the state.

Simple logic. Our friends here, thought, will never accept it.