Venezuela: Protect Journalists, Revise Radio-TV Law

Human Rights Watch, (Caracas, May 21, 2003) — The Venezuelan government is not doing enough to protect journalists from violence, Human Rights Watch said in a new report released today. Human Rights Watch also urged the government to protect freedom of expression by ending its ongoing investigation of the country’s private television networks, and dramatically revising its proposed law to regulate the contents of radio and television broadcasts.

Related Material

Venezuela: Caught In The Crossfire Freedom of Expression in Venezuela, Report, May 2003

Venezuela: Media Freedom Threatened HRW Press Release, February 19, 2003

The draft law is a recipe for state control of the broadcast media. Its onerous, vaguely-worded restrictions and heavy penalties threaten Venezuela’s broadcast media.

José Miguel Vivanco, Executive Director Americas Division Human Rights Watch

 The launch of Human Rights Watch’s report coincides with renewed public debate in Venezuela over draft legislation that the government of President Hugo Chávez has introduced on the “social responsibility of radio and television.” 

“The draft law is a recipe for state control of the broadcast media,” said José Miguel Vivanco, executive director of the Americas Division of Human Rights Watch. “Its onerous, vaguely-worded restrictions and heavy penalties threaten Venezuela’s broadcast media.”

The draft legislation would impose stringent and detailed controls over radio and television broadcasts, greatly limiting what could be aired during normal viewing hours. Under the guise of protecting children from crude language, sexual situations and violence, it would subject adults to restrictive and puritanical viewing standards.

The 26-page report, Caught in the Crossfire: Freedom of Expression in Venezuela, describes how journalists face physical violence and threats, often by fervent civilian supporters of President Hugo Chávez. Noting the justice system’s failure to identify and punish those responsible for the attacks, the report recommends that the attorney general set up a special panel to investigate the problem.

The polarized political situation in Venezuela has negatively affected the right to free expression. During a 62-day general strike that lasted from December 2002 until February 2003, by which the political opposition hoped to force President Chávez to resign, private television networks broadcast hours of pro-strike propaganda free of charge. News and debate programs were extremely hostile to the Chávez government.

President Chávez, in return, accused the media of fomenting a coup and of waging psychological warfare. In early February, the Venezuelan Ministry of Infrastructure launched an investigation into the country’s four largest private television networks—RCTV, Globovisión, Televen, and Venevisión—for alleged violations of broadcasting regulations during their coverage of the strike.

The report analyzes the regulations in detail, concluding that they violate international standards protecting free expression. They contain loosely worded rules on incitement to violence and threats to public order that could penalize the stations’ legitimate expression of political views.

If found responsible for the infractions, the stations could be fined, ordered to suspend transmissions, or even have their broadcasting licenses revoked. The deadline for the completion of the government investigation of the four stations is set to expire soon.

Last week, in an equally imminent threat to free expression, the Venezuelan government introduced into Congress a revised version of a proposed bill to regulate the content of radio and television broadcasts. The draft legislation includes certain improvements over an earlier version drafted by the government, notably, the elimination of a provision that would have penalized “disrespect” to government authorities.

“We welcome the elimination of the ‘disrespect’ provision, an element of the law that we had strongly criticized in our report,” said Vivanco. “Yet we are extremely concerned that the remaining provisions of the draft legislation could force television and radio stations to present a sanitized version of the news during normal viewing hours.”

The report also noted the government’s positive steps in the area of free expression, such as an April 27 broadcast in which President Chávez called on his supporters to respect journalists and their work. But the report concluded that these efforts were insufficient.

“President Chávez’s conciliatory remarks are welcome, but it is crucial that his government take steps to end impunity for crimes against journalists and cease its efforts to muzzle private television stations,” said Vivanco.