The state of press freedom in the country cannot be understood without a description of the political situation.
In its most recent report, the Inter-American Commission on Human Rights said:
“The IACHR noted... the lack of independence of the judiciary, the limitations on the freedom of expression, the apparent readiness of the Armed Forces to become involved in politics, the extreme polarization of society, the action of death squads, the scant credibility of the oversight institutions...[and] the lack of coordination among the security forces. All represented a clear weakening of the fundamental pillars of the rule of law in a democracy, in the terms of the Inter-American Convention on Human Rights and other international documents.”
An agreement is in effect, agreed to on May 29, between the government and the opposition, represented by the Democratic Organization, under the auspices of OAS Secretary General César Gaviria, former U.S. President Jimmy Carter and the United Nations. The agreement provides for a referendum under Article 72 of the Constitution to recall President Hugo Chávez Frías after the midpoint of his term, i.e., August 19.
Recently the president spoke at Fuerte Guaicaipuro military base near Caracas. Once again wearing his military uniform, and openly incited the soldiers, he said:
“Today, as not for a very long time, we Venezuelan soldiers are sailing in our own waters….We should never let them kick us out of our own waters, as they did for a good part of the 20th century to the army and later to the rest of the armed forces…They are not just trying to block us with a destabilization campaign, now under a guise of democracy, but the fascist oligarchy is coming back to take over the country…and then you will have to choose, with rifles in your hands, what to do, whether to aim the rifles at the treacherous oligarchy or at the noble people of Venezuela.”
He added:
“There are members of that oligarchy here in Venezuela, for example, who are part of the plans that I am denouncing here to the country; they are speaking of a referendum….As you know it is very difficult….They have begun to say that Chávez does not want a referendum. And that the OAS should get involved here…Well, if anyone dares to invade this land, we will fight tooth and nail…And if anyone dares, there would be nothing left to do but to shout: “Homeland or death.”
The president’s attacks have also targeted the Catholic Church hierarchy, which is the institution with the highest prestige. On September 23, the president called the bishops “liars and crooks,” “spokesmen for the opposition,” “coup supporters” and “unworthy of the cloth.” He threatened them with “the sword of God’s or Christ’s rejection, through the accusing eyes of the people.”
His hard-fought conflicts with the judiciary have become almost routine. This became evident with political police raid on the site of the country’s highest administrative court and the search by the same police force of the site of the National Electoral Council to seize the signatures of more than 3.2 million people demanding the constitutional referendum. Also, the army—the National Guard—used weapons and explosives to evict families of petroleum company employees considered enemies of the regime from their homes. This situation drew international attention, and the OAS human rights commission has decided to urgently request an official report.
Other events during this period:

-There is still a danger that the National Assembly may approve the so-called Social Responsibility in Radio and Television Act, which would nationalize almost the entire system. Under this bill, all private broadcast media outlets would be placed under state regulation and control. The state would also control most of the broadcast schedule (5 a.m. until 11 p.m.) by deciding what could be carried. The government also would be able to shut down programs, or even a radio or television station, without a court order on the basis of allegations of national security. The law provides that this could be done without any restrictions. In any case, there are open administrative actions against several television stations, based on the existing Telecommunications Law, which authorize the government to close them. This is a violation of Article 13 of the Inter-American Convention on Human Rights.

-The legislature is continuing to debate the Citizen Participation Act, which would establish a Print Media Oversight Council, with power to censor or sanction media outlets that are deemed to have violated “truth in reporting” or that show a particular critical or ideological line.

-Every day the government systematically violates the restraining orders imposed by the Inter-American Commission on Human Rights of the Organization of American States. It also violates the provisional measures of the Inter-American Human Rights Court to protect the human rights of journalists and other media workers.

-The purchase of hard currency has been suspended since February. This situation has disrupted the economy and put the productive and commercial system at risk. Media outlets are also affected by this precarious situation, which prevents them from updating their infrastructure and purchasing necessary supplies.

-The practice of nationwide presidential broadcasts has increased. These are “official” prime time broadcasts, usually conducted by the president, during which all other radio and television programming must be suspended, to disseminate any type of message to the Venezuelan public. This affects free expression and the principle of information diversity for many hours. These broadcasts are not messages of public interest. They have become stages for proselytizing and for discrediting all those whose position is different from the government’s. In them expressions are used that constantly whip up hatred. As of October 6, the cumulative length of these broadcasts were as follows: 1999, 69:27 hours; 2000, 107:56 hours; 2001, 116:58 hours; 2002, 73:27; and 2003, 136:49.

-Since July of 2002, ownership of radio frequencies and the legal status of private television concessions have been in a dangerous regulatory limbo, because the state has refused to renew their licenses within the two years specified in the new Telecommunications Law.

-The Constitutional Branch of the Supreme Court recently approved ruling number 1.942 which reiterates the principles of ruling number 1013, which has been criticized by IAPA and the Inter-American Commission on Human Rights. It openly imposes principles that restrict press freedom and that are contrary to the American Convention on Human Rights and the Declaration of Chapultepec. Among other measures, it upholds the right to “truth in reporting” and accuses any media outlet with a majority of columnists supporting a specific ideological viewpoint of violating that right. It prohibits the dissemination of negative views of certain ideas and thoughts and requires that news be reported in context . It reiterates the validity of so-called insult laws; requires publishers to censor themselves under the threat of being held responsible for their employees’ reporting; and accepts the legality of provisional government measures concerning communications programs.

-On October 3, television station Globovisión Canal 33 was raided and its microwave equipment was seized by officials of CONATEL, a government agency. The seizure was based on Article 183 of the Communications Law, which states that equipment can be seized when allegedly clandestine activities use radio frequencies. This is not the case with Globovisión, which aside from any violation that might be proved in the appropriate administrative procedures, is a legally constituted business. On the other hand, this law says the measures should be speedy and the process very brief, which has not been the case. It is assumed to be a political procedure, rather than an administrative one.

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