BATTLE OVER RCTV'S CLOSURE HEATS UP

C O N F I D E N T I A L SECTION 01 OF 03 CARACAS 000990 SIPDIS SIPDIS HQSOUTHCOM ALSO FOR POLAD DEPARTMENT PASS TO AID/OTI (RPORTER) E.O. 12958: DECL: 05/18/2017 TAGS: PHUM PGOV KDEM ELAB VE SUBJECT: BATTLE OVER RCTV'S CLOSURE HEATS UP REF: CARACAS 000949 AND PREVIOUS CARACAS 00000990 001.2 OF 003 Classified By: POLITICAL COUNSELOR ROBERT DOWNES, REASONS 1.4 (B) AND (D) ¶1. (C) Summary. RCTV lost the first of its legal appeals to fend off the Bolivarian Republic of Venezuela's (BRV's) plans to close the independent broadcaster on May 28. Battlelines are hardening between the BRV and proponents of RCTV and freedom of expression. The BRV is forcing private stations to run "public service" spots celebrating RCTV's upcoming departure and the BRV's creation of new state-run network Teves. In response to a planned May 19 RCTV solidarity march, the BRV is organizing several pro-closure marches. RCTV is calling on its employees not to engage in civil disobedience during the expected May 27-28 shutdown. The BRV claims the government-run Teves is ready to replace RCTV, but it remains to be seen whether the new station can transmit nationally and just how the fifth government-run television station is going to be different than the other four. End Summary. -------------- Court Declares RCTV Case "Inadmissible" -------------- ¶2. (C) The Supreme Court's (TSJ's) Constitutional Chamber struck down RCTV's pending plea for judicial protection on May 17, declaring it "inadmissible." The Chamber ruled it lacks the jurisdiction in the case, and instead noted that the National Telecommunications Commission (CONATEL) is charged with "resolving all issues relating to the concession, use, and annulment of broadcasting licenses." RCTV owner Marcel Granier first filed the motion February 9. The Chamber, however, concluded that its decision does not impede RCTV from filing a plea with other TSJ Chambers. RCTV submitted a similar petition April 17 to the TSJ's Political and Administrative Chamber, but it is still awaiting that court's decision. -------------- BRV Runs Attack Ads -- On All Stations -------------- ¶3. (SBU) The Ministry of Popular Power for Communication and Information (MPPCI) distributed May 17 to all television stations a spot celebrating RCTV's impending closure. The BRV is requiring television stations to air the ad as a "public service" announcement periodically between now and RCTV's closure on May 28. The spot, entitled "Everything Has an End" ("Todo Se Acaba"),hails RCTV impending closure as "a fact" and lauds the creation of the new government-run station Teves. In addition, government-run stations are airing a spot that highlights the previous occasions RCTV was closed under governments in the 1980's and 1990's for violating broadcasting regulations. (Note: RCTV was closed temporarily, usually for 1-3 day periods. End Note). RCTV is running its own spot featuring snippets of favorite past station programs and performers. ¶4. (C) Staff at the opposition-oriented cable television station Globovision balked at airing the BRV's latest attack ad against RCTV, prompting the Globovision President Alberto Ravell to ask Minister of Popular Power for Communication and Information William Lara in writing that the ad be pulled. Ravell argued that the spot violates the BRV's Radio and Television Social Responsibility Law because it constitutes propaganda. Lara responded quickly with a letter stating that it is up to the Ministry to decide what constitutes propaganda, not Globovision, and argues that announcing the arrival of Teves is of "general public interest." We understand Lara has also threatened Globovision with substantial fines to be levied on the station each time it fails to run the spot. Globovision has conceded and is running the ad. -------------- Competing Marches -------------- ¶5. (SBU) A wide range of opposition groups and unions are organizing a May 19 march to protest the impending BRV closure of RCTV. While RCTV solidarity marches to date have failed to generate large crowds by Caracas standards, march organizers are hoping that opponents to the closure will turn out in greater numbers now that the May 28 closure date is drawing near. Zulia Governor and former opposition candidate CARACAS 00000990 002.2 OF 003 Manuel Rosales is planning to attend the march, according to his advisers. He also met with four visiting members of the European Parliament who are reviewing into the RCTV issue. Participants will convene in four different locations and walk simultaneously to the Marti Plaza in Chacao, a Caracas borough led by opposition mayor and Rosales supporter Leopoldo Lopez. ¶6. (U) National Assembly Deputy Dario Vivas told the media May 17 that a number of pro-closure demonstrations will be held in Caracas. He reported that there will be a rally of community councils in front of the National Institute for Training and Socialist Education the afternoon of May 18. There will also be a car caravan of pro-government professionals throughout the city of Caracas on May 20 and marches on five separate Caracas plazas on May 22. At the same time, BRV officials continue to state without evidence that the opposition is exploiting RCTV's closure to launch a "destabilization" campaign. Information Minister Lara alleged without proof on May 17 that small groups financed by the "transnational imperial power" are planning to try to assassinate President Chavez on or around May 28. -------------- Planning Within RCTV -------------- ¶7. (C) RCTV lawyer Oswaldo Quintana told PAS officers and Poloff May 15 that if the Supreme Tribunal does not rule in the station's favor by May 27, RCTV will comply and cease broadcasting on May 28. RCTV has asked its employees to refrain from engaging in acts of civil disobedience on May 27-28 as the BRV might use these public displays of support as an excuse to resort to heavy-handedness or violence (Septel will address BRV-fueled rumors of potential violence related to RCTV's closure). RCTV plans to invite international news correspondents to their headquarters to serve as witnesses on May 27. RCTV also intends to air a "special" line-up of shows the week of May 21, highlighting its most popular shows and soap operas. ¶8. (C) Quintana also noted that RCTV employs approximately 3,000 union workers. Were RCTV to go cable, the station would only be able to retain a fraction of these workers, because ad revenues would be so much lower. He said most workers have expressed solidarity with the station, although about 65 workers were allegedly paid to join the pro-government union, the Bolivarian Workers Union over the last month. Quintana said a Vice Minister at the Labor Ministry convoked a meeting with RCTV management and SBT to ensure that the rights of union members were being respected. Vice Minister said the National Guard will be on hand May 28 to protect the station's technical equipment against potential vandalism. -------------- Is Teves Ready to Air? -------------- ¶9. (SBU) Information Minister Lara told the media that Teves will go on the air almost immediately after RCTV is required to stop broadcasting at midnight, May 27. The BRV has not yet announced what Teves will broadcast or whom President Chavez has selected to serve on the government-run station's board. There is rumor circulating that Teves' first broadcast will be a celebratory speech by President Chavez from his presidential mansion, Miraflores. Lara has also told the media that Teves will not be a "clone" of the other four government-run television stations. ¶10. (C) According to RCTV lawyer Quintana, there is no indication that the BRV has the technical equipment or programming line-up to broadcast nationwide or entice viewers. He believes that without seizing RCTV,s technical equipment, the BRV does not have the capacity to transmit a signal nationwide. RCTV has recently undertaken vast technological upgrades, and few technicians in Venezuela, besides their own, have the know-how to operate the equipment. The BRV recently installed a new television tower on the Avila mountain next to one of RCTV's 33 towers nationwide, presumably to prepare for the upcoming transition, but that would allow transmission only to the Caracas area. -------------- Comment -------------- CARACAS 00000990 003.2 OF 003 ¶11. (C) While RCTV still has other legal appeals pending, we do not expect the notoriously slow judiciary, stacked with Chavez loyalists, to intervene in this case. Nevertheless, the BRV appears to be feeling some political heat. Just as the BRV is belatedly trying to counter international criticism, the BRV is launching a domestic media blitz to try to counter the opposition's criticism of the takeover of the only opposition-oriented network on the public airwaves. Globovision's letter of protest notwithstanding, the private media to date has been more disposed to engage in self-censorship than to confront Chavez over freedom of expression, and more cynically, ready to take on RCTV's market share. Opinion polls continue to show that a 70 percent majority of Venezuelans oppose RCTV's closure, but so far the issue has failed to put crowds on the streets. By alleging an opposition "destabilization" campaign, the BRV appears to be preparing a preemptive crackdown should the opposition gain more traction on this issue in the next ten days. BROWNFIELD