PRESS FREEDOM UPDATE

C O N F I D E N T I A L SECTION 01 OF 04 CARACAS 001127

SIPDIS

SIPDIS

HQSOUTHCOM ALSO FOR POLAD
DEPT PASS TO AID/OTI RPORTER

E.O. 12958: DECL: 06/08/2017
TAGS: PHUM KDEM PGOV SCUL SOCI ASEC VE
SUBJECT: PRESS FREEDOM UPDATE

REF: A. CARACAS 01054

B. CARACAS 01086

C. CARACAS 01068

D. CARACAS 01062

E. CARACAS 01055

F. CARACAS 01033

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Classified By: POLITICAL COUNSELOR ROBERT RICHARD DOWNES
FOR REASON 1.4 (D)


1. (C) Summary. This press freedom update comes on the heels
of the BRV-imposed May 28 shutdown of Radio Caracas
Television (RCTV). Despite ceasing its broadcasts, RCTV
continues to operate internally and is enduring for the
moment, although recent Supreme Court (TSJ) rulings could
jeopardize RCTV's control over its technical equipment.
Meanwhile, the BRV persists in harassing independent
broadcasters and local journalists. Far from persuading the
BRV to back off its campaign to intimidate and restrict an
independent media, sustained local and international
criticism over RCTV's closure appears to have goaded the BRV
into threatening press freedom even more. End Summary.


2. (SBU) Topic addressed in this press freedom update
include:

-- RCTV's Closure
-- RCTV-related Marches
-- RCTV's Legal Limbo
-- BRV Attacks News Networks
-- OAS on RCTV
-- Telesur Moves to Public Access
-- Attacks on Journalists
-- International Criticism Continues

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RCTV: End of an Era
--------------


3. (SBU) The BRV made good its threat to close Radio Caracas
Television (RCTV). After 53 years on the air, RCTV,
Venezuela's oldest and most popular network, ceased
broadcasting at midnight May 28 and was replaced by
state-run, "public service" station TVes (Ref. A). A few
minutes before midnight, RCTV broadcast taped ootage of RCTV
employees singing the national antem, after which the screen
went blank for less tan a minute until TVes' logo appeared.
Approximately twenty minutes after RCTV went off the air,
TVes broadcast live from the Teresa Carreno National Theatre.
Lil Rodriguez, local music critic and newly appointed
president of TVes, addressed the crowd, ushering in a "new
era" in Venezuela television. TVes reports to the Ministry
of Popular Power for Communications and was issued a USD 4
million budget to begin operating, although the station is
supposed to progressively become self-sufficient. Currently,
the station is can only be seen in Caracas and Maracaibo,
even though the BRV originally announced it would be
broadcast nationwide.


4. (SBU) In a press conference hours efore the shutdown,
RCTV president Marcel Granie characterized the BRV's
decision as "arbitrary nd illegal." He accused the BRV of
harassing prspective cable television providers into not
siging agreements with RCTV, despite statements by
gvernment officials that RCTV would have the option of
broadcasting via cable television.


5. (SBU) In response to the shutdown, RCTV is transmitting
some segments via alternative media and international
affiliates, albeit to a more limited audience. RCTV's news
department, for example, uploads three daily hour-long
installments of its news program "El Observador" on
YouTube.com, a popular video web site. Additionally, RCTV's
Colombia-based affiliated, Caracol, transmits the evening
addition of "El Observador" over its international signal and
has the capacity to reach over 800,000 viewers in Venezuela.


--------------
Marches and Criticism Abound
--------------


6. (SBU) The BRV is paying a high domestic and international
price for its decision not to renew RCTV's broadcasting
license. Pro-RCTV marches have continued daily since May 27
as university students and other RCTV supporters have
convoked widespread protests (Ref. B, C, D, E). Security

CARACAS 00001127 002.2 OF 004


forces used water cannons, tear gas, and rubber bullets to
disperse demonstrators on March 27-29, resulting injuries and
arrests. Student-led protests, particularly in Caracas, are
expected to continue. Numerous legislatures, international
groups, human rights organizations, and media watchdogs have
criticized the BRV's decision to close RCTV and have
questioned the BRV's commitment to freedom of expression.


7. (SBU) The BRV has organized rallies in support of RCTV's
closing, including those on May 27 and June 2. President
Chavez and Foreign Minister Maduro, among other BRV
officials, regularly accuse protesters of conspiring with the
opposition to "destabilize" Venezuela and are threatening
other independent media with RCTV,s fate if they do not toe
the BRV line.

--------------
Legal Limbo
--------------


8. (SBU) Despite going off the air, RCTV's legal tribulations
with the BRV continue. The Supreme Court's (TSJ's)
Constitutional Chamber ruled May 25 that CONATEL has the
right to use RCTV's technical equipment and antennas
necessary for over-the-air broadcasting. According to the
court, the telecommunications regulatory agency (CONATEL) can
temporarily transfer the rights of the equipment to the
television network of its choice. The TSJ's ruling came only
24 hours after the BRV petitioned to gain the rights to
RCTV's broadcasting equipment. On May 26, the National Guard
took physical control of RCTV's transmission towers, but did
not interrupt transmission. Local newspaper "La Verdad"
reported June 5 that unless RCTV recovers or buys back some
of the equipment recently taken over by CONATEL, the network
will not be able to operate via cable television.


9. (SBU) Separately, the TSJ's Political and Administrative
Chamber agreed May 23 to review RCTV's request to abrogate
the BRV's decision to not renew the license. Minister of
Popular Power for Telecommunications Jesse Chacon suggested
May 28 the Chamber could deem RCTV's technical equipment
"necessary for public use," in the event that the Chamber
rules in the government's favor on RCTV's pending court case.
Chacon argued that RCTV's equipment had "no other use" than
to broadcast nationwide and suggested the hardware could be
used by TVes. Chacon added that the state would compensate
RCTV by offering to pay what the equipment was worth in 1994.


--------------
BRV Attacks Cable News Networks
--------------


10. (SBU) Minister of Popular Power for Communications
William Lara called a May 28 press conference to accuse U.S.
news network CNN and local cable network Globovision of
mounting an international campaign of misinformation against
the BRV, and asked the Attorney General's Office to
investigate both networks. Lara alleged CNN tried to
associate Chavez with a suspected al Qaida terrorist by
showing the two in split-screen footage some months ago. CNN
has since issued a statement denying that it intended to
associate Chavez with al Qaida and regretted any confusion.
Lara also accused CNN en Espanol of airing images of marchers
commemorating World Press Freedom Day in Acapulco, Mexico,
but presenting them as RCTV solidarity marches in Caracas.
Lara then attacked Globovision's interview with Marcel
Granier and accused it of being laced with subliminal
messages. He in particular referred to a segment which ran a
salsa hit, "This is not over yet," with video of the 1981
assassination attempt on Pope John Paul II, calling it an
incitement to assassinate President Chavez. Globovision
denies the charges The Attorney General summoned Globovision
President Alberto Federico Ravell and popular talk show host
Leopoldo Castillo to answer questions on June 6 and 7,
respectively, in response to Lara's accusation.

--------------
OAS on RCTV
--------------


11. (SBU) The Inter-American Commission on Human Rights
(IACHR) petitioned the BRV to provide detailed biographical
information on the individuals injured and detained during
recent pro-RCTV demonstrations. While attending the OAS'
General Assembly meeting in Panama City, Human Rights
Ombudsman German Mundarain told the press that the BRV would

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not comply with IACHR's request because such a report would
"violate the interests and confidentiality of minors."
Mundarain then accused the IACHR of assuming
functions outside of its area of responsibility, and noted
that the BRV's judicial system had primary responsibility
over those detained.


12. (SBU) The Inter-American Human Rights Court admitted May
24 a case filed by the IACHR on behalf of RCTV workers and
journalist against the BRV for "violating freedom of
expression and for failing to provide judicial protection to
RCTV workers and journalists." In response to the Court's
decision, President Chavez threatened again on May 29 to
withdraw from the OAS if the international body took a
position on the case. The Commission recommended the case to
the Court April 20.

--------------
Radio Broadcasting Licenses Expire
--------------


13. (SBU) The broadcast licenses of 156 local AM frequency
radio stations expired May 27. The local press reports that
only five of those licenses were renewed by CONATEL. The
remaining stations continue to broadcast without a license as
CONATEL reviews the concessions "a few at a time." Radio
broadcasters have reason to believe concessions will only be
renewed for five years instead of 20 years as has been the
case in the past. The licenses of the 270 FM frequency radio
stations expire in 2008.

--------------
Telesur To Take Channel 5
--------------


14. (SBU) Andres Izarra, President of domestic and
international pro-BRV station Telesur and an outspoken critic
of RCTV, gave a May 15 press conference and announced the
network will be adding a third channel to the two current
Telesur channels (one international cable channel, one
domestic free-to-air)in August. Telesur will broadcast via
channel 5, a frequency now controlled by Vale TV, a network
with ties to the Venezuela Catholic Church, once the turnover
is complete. The BRV's telecommunications regulatory agency
(CONATEL) authorized the move after undertaking a bidding
process for access to channel 5, Izarra told reporters.

--------------
Attacks on Journalists
--------------


15. (SBU) As noted in earlier reporting, Amcit Eva Golinger,
held a press conference May 25 in Caracas and released the
names of a handful of mostly pro-opposition journalists who
have benefited from the International Visitors (IV) Program
(Ref. F). The BRV has attempted to discredit these
journalists by falsely alleging they work on behalf of the
USG. Golinger repeated these accusations on "La Hojilla", a
Chavista attack show on a government run television station.


16. (SBU) Columnist Nelson Alvarez of "El Siglo" newspaper in
Aragua state was shot six times in his home May 20. Alvarez'
family speculated that he was the victim of a contract
killing in retaliation for his investigatory journalism.


17. (C) Separately, veteran journalist Marietta Santana was
reportedly fired from television network, La Tele, for her
participation in the April 21 RCTV solidarity march. She
worked for La Tele since 2002 and previously with RCTV for
over 20 years. Santana attended the march to express her
solidarity with the station's workers and simply planned to
march. However, she was quickly recognized by former RCTV
colleagues and asked to give a speech. Her show was
subsequently canceled and she was dismissed April 29,
allegedly for "programming modifications." Santana told
Poloff May 10 that to avoid problems with the BRV, management
at La Tele had repeatedly asked their staff to exercise
"caution" in their reporting. Santana said the policy
greatly affected La Tele's reporting style, most visible in
the station's testimonial-based programs and increased
coverage of BRV initiatives. She referred to the policy as a
form of "complete self-censorship." Following the incident,
Santana returned to work for RCTV.

--------------
Sustained Criticism of BRV over RCTV
--------------

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18. (SBU) More than a week after RCTV's closure,
international support for the network continues as criticism
for the BRV's decision solidifies.

-- Reporters without Borders, a prominent international media
watchdog organization, released a June 5 report on RCTV's
closure and indicated the organization's intention to refer
RCTV's case to United Nations' Human Rights Council during
its next session in Geneva June 11-18. Similarly, it plans
to refer the case to the IACHR and to the OAS' Special
Rapporteur for Freedom of Expression.

-- The local press gave considerable coverage to Secretary
Rice's June 4 request that the OAS investigate RCTV's closure
and present its findings before the inter-American body.

-- In Panama, television networks expressed their support for
RCTV by broadcasting June 4 three minutes of silence in the
morning and then again in the evening. Meanwhile, newspapers
included a blank page covered in black ink to signify their
mourning over RCTV's closure.

-- During a meeting between civil society organizations and
Secretary General of the OAS, Jose Miguel Insulza, June 2 at

SIPDIS
General Assembly meeting in Panama City, these organizations
asked Insulza to issue a response to Chavez' decision not to
renew RCTV's broadcasting license. Similarly, group of
Venezuelan journalists delivered a petition to Insulza,
requesting the OAS to act in the RCTV
case.

-- New Generations, the youth wing of the conservative
Spanish Popular Party (PP),called for a demonstration in
front of the Venezuelan Embassy in Madrid June 5 to protest
Chavez' decision to close RCTV. In a June 4 press release,
Nacho Uriarte, president of Nuevas Generacions, noted,
"Spanish youth can't look the other way while freedom of
expression is being restricted in Venezuela." PP leaders
also intend to show their solidarity with Venezuelan
university students, the main protagonist of the recent RCTV
solidarity marches.

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Comment
--------------


19. (SBU) The BRV's recent closure of RCTV in the face of
overwhelming domestic and international censure -
demonstrates Chavez is capable and willing to punish those he
considers dissenters, despite public and international
opinion. RCTV,s fate leaves only independent cable station
Globovision on the air and with a limited audience. Even so,
the regime makes no secret that its unlikely to tolerate even
Globovision,s independence. The station,s days may be
numbered as the BRV continues to push back against it and any
and all independent media which dare challenge the
government,s policies and actions.

BROWNFIELD