|
|
Country-by-Country
Reports
|
VENEZUELA
There has been no open, prior censorship or closing of media outlets by the
government since our last report. Nevertheless, blatant pressure for self-censorship
has been exerted by the government, the courts and widespread hostility to publishers
and the media, in flagrant violation of Article 58 of Venezuela's constitution
and international human rights agreements.
The most serious instance of the constant threats and abuse targeting publishers
and the print media was the Supreme Court ruling in the amparo proceeding for
constitutional relief in relation to the right of reply, filed by journalist
Elías Santana, docket no. 1013. The ruling sharply curtails such constitutional
rights by unconscionably discriminating in the exercise of freedom of expression
and the right of reply, clearly making a dead letter of Article 58.
The Venezuelan Press Block was joined by the National Colegio of Journalists,
the National Union of Press Workers and civil society in general in a national
reaction of angry public protest against an unappealable decision favoring the
president's policy and his joint radio/television broadcasts.
The constitutional violations are so blatant, and the decision is so detrimental
to the right of freedom of expression, that the Venezuelan Press Block decided
to file its complaint with the OAS's Inter-American Commission on Human Rights.
The proceeding is still pending, and a hearing has been granted for mid-November.
The conclusions of law section articulates a threat against anyone who opposes
the ruling, thus instilling such a clear and present fear with a chilling effect
on publishing and free communication by the owners, publishers and editors of
newspapers, that there can be no doubt as to its unacceptability. The Supreme
Court ruling sets a clearly discriminatory precedent in denying the right of
reply and correction, as demanded by Santana, to journalists when the inaccurate
or offensive statement appeared in a communication outlet other than their own.
The same restriction will apply to the communication outlets themselves and
their reporters or columnists. The sole purpose of the Supreme Court ruling
is to prevent Santana from exercising his right to reply on the president's
broadcasts carried on Venezuela's radio and television stations, making it even
more clearly biased toward the executive branch and against the average citizen.
Thus, by granting the president the privilege of not honoring the right of reply
on the official media outlets he uses for his programs, while making it mandatory
for the private press to do so, the Supreme Court's ridiculous decision lays
bare the hidden purpose of this right for autocracies, which is censorship and
tampering.
The ruling violates the principle of privilege and a number of provisions of
the Pact of San José relating to the separation between the freedom of
thought and expression, and the right to impart information and reply. These
are sufficient grounds to establish the unconstitutionality of the ruling, which
also violates international agreements and conventions. But as a Supreme Court
decision, reconsideration or appeal within Venezuela are barred. Indeed, the
ruling states that "decisions of the various divisions of this Court are
not subject to review by international institutions."
There can be no denying that the president has threatened publishers, editors
and the print media, since those threats have been, and are being, broadcast
on both radio and television. The intimidation is extreme, heaping name-calling
and even baseless accusations on top of fines and imprisonment. The president
also threatened to revoke a nationwide news station's government-granted broadcast
license, if the station continued its policy of generally unbiased reporting.
Not stopping at mere threats, the president has called for widespread antagonism
of certain publications, media outlets, owners or publishers, condemning them
in his broadcasts for omissions, for not covering speeches by members of his
administration or for how his statements are handled.
 questions
or comments? e-mail us
Copyright © 2003 Inter American Press Association.
All rights reserved.
. |
