ROBERTO GIUSTI
EL UNIVERSAL

Venezuelan Ignacio Álvarez, the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS), showed concern about the non-renewal of the license for private television station RCTV, and warned that Venezuelans will be deprived from their right to watch a television channel broadcasting nationwide that keeps an independent, critical editorial stance.

A graduate from Andrés Bello Catholic University, Álvarez completed post-graduate studies in procedural right and has a master's degree in international law. He also claimed that the government decision not to renew the broadcast license for RCTV amounts to sending a message that the media that do not take a critical stance do better.

Álvarez, who has held human right defense positions, has focused on freedom of expression, and has been the IACHR Special Rapporteur for Freedom of Expression since 2006. He answered, over the internet, a number of questions about the RCTV case.

Question: In your view, does the decision not to renew the broadcast license for RCTV infringe freedom of expression?

Answer: From the point of view of international law, I should first stress the fact that all of the states have the sovereign right to manage the radio frequency spectrum, which includes granting broadcast licenses, determining its terms and deciding on their renewal or non-renewal. However, it is also a sovereign right of the states to endorse international human rights conventions. This is also a sovereign action, under which the states willingly undertake to respect and ensure human rights. In virtue of such sovereignty, in 1977 Venezuela endorsed the Inter-American Convention on Human Rights, thus undertaking to ensure respect for the people under Venezuelan jurisdiction's human rights set thereunder, including the right to freedom of thought and expression.

Q: What are the duties regarding issue of broadcast licenses Venezuela undertook to meet when it endorsed the Inter-American Convention on Human Rights?

A: Under article 13, Declaration of Principles of Freedom of Expression, which is an authorized construction of the Inter-American Convention, the issue of broadcast licenses for radio and television stations should not be used as a tool to exert pressure, punish or reward journalists and news media because of their line of information. These undertakings include not discrimination, and compliance with regulations regarding respect for due process and right to have access to an effective legal proceeding before independent and unbiased courts.

Q: Who has the capacity to establish whether a given state has infringed these rights? How do these international bodies establish such liabilities?

In many cases, complaints are dismissed on failure to meet minimum requirements, and others are dismissed after the allegations and evidence have been assessed, and conclusion is made that such actions are not admissible or that there was no infringement. Simultaneously, there are many other cases where the states have been found involved in violation of international conventions, and the relevant remedies have been established.

Q: Has the Inter-American system issued a ruling on any case of non-renewal of broadcast licenses to television stations ever before?

A: No.

Q: What do you think about the government decision not to renew the broadcast license to RCTV?

A: I would like to reassert my concern. Over the last few months I voiced concern too about top Venezuelan officials' statements that the reasons behind the decision could include RCTV editorial stance. RCTV editorial stance has been publicly questioned by top government officials. They should not take decisions involving discrimination based on the news media's editorial stance, as this runs counter to freedom of expression. Also, I am concerned about the impact this move is likely to have on freedom of expression in Venezuela in general terms.

Q: What concerns you the most in this case?

A: First, Venezuelans will indeed stop having access to a channel with nationwide coverage that keeps an independent, open editorial stance that is critical of the government. Political pluralism involves the possibility to express different opinions and views in the news media, and the possibility that such opinions and views are conveyed to the largest audience as possible. When the media are independent and plural they particularly help people build, keep, change, in whole or in part, their political opinions. Democracy calls for free debate of ideas and opinions. When the public is duly informed, they amount to an important democratic counterbalance for governments.

Q: What else are you concerned about?

A: I am also concerned about the message that has been sent to the other news media. There are other TV channels with their licenses expiring on May 27, 2007, but theirs will be renewed, with the sole exception of RCTV.  RCTV is precisely the only one among these channels deemed to have an independent editorial stance. Therefore, this could be interpreted like a signal that the media whose editorial stance is not rejected by the government do better eventually. This may encourage self-censorship.


Translated by Maryflor Suárez

msuarez@eluniversal.com