GBRV TIGHTENS SCREWS ON TV NEWS STATION

C O N F I D E N T I A L SECTION 01 OF 02 CARACAS 000766

SIPDIS

HQSOUTHCOM ALSO FOR POLAD
DEPARTMENT PASS TO AID/OTI (RPORTER)

E.O. 12958: DECL: 06/18/2024
TAGS: PGOV PHUM KDEM VE
SUBJECT: GBRV TIGHTENS SCREWS ON TV NEWS STATION

REF: CARACAS 595

CARACAS 00000766 001.2 OF 002


Classified By: POLITICAL COUNSELOR FRANCISCO FERNANDEZ,
REASONS 1.4 (D).


1. (C) Summary: The Government of the Bolivarian Republic
of Venezuela (GBRV) is increasing the pressure on the
opposition-oriented Globovision cable news network.
President Chavez has repeatedly asked his cabinet to use
whatever means available to "stop Globovision." A range of
GBRV ministries have targeted both Globovision and
individuals associated with the company, pressing both
"administrative" and criminal charges. The GBRV also fined
Globovision for alleged back taxes dating to programming
aired in 2002 and 2003. Supporters of the station launched a
country-wide drive to raise donations from the public to help
pay the fine in response. The GBRV subsequently doubled the
initial multi-million dollar fine to account for "inflation."
The repeated public threats from President Chavez, the
number of charges brought against the station and its
management, and the wide range of legal actions initiated
indicate that the GBRV is serious about closing Globovision,
regardless of the legality of the station's activities. End
Summary.

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CHAVEZ SAYS CLOSE GLOBO...
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2. (SBU) President Chavez has repeatedly called for the
closure of Globovision, starting in earnest following the
station's coverage of the May 4 earthquake (Reftel). On May
28, in a nationally televised broadcast of his weekly Alo
Presidente talk show, Chavez instructed the Attorney General,
the president of the Supreme Tribunal of Justice, and "all
the justices, judges and courts to fulfill your obligation.
That is what you are there for. Otherwise, you must resign
and let people with courage replace you." If the
institutions fail to act, Chavez said, he would be obliged to
act for them. In another national broadcast on June 11,
President Chavez said "if there is anyone on Globovision's
board of directors who is able to act rationally, the
government is willing to accept a change. If not, the
channel will not stay long on the air."

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...AND THE GBRV TRIES
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3. (SBU) In the past few weeks, a range of GBRV ministries
and bodies have raised a variety of charges, fines, and legal
actions against Globovision and people affiliated with it.
Three administrative cases remain open on the station,
regarding a guest commentator saying that Chavez might "hang
like Mussolini" in October 2008, election night coverage of
the Carabobo gubernatorial election in November 2008, and
accusations that the station caused "panic and alarm" in its
coverage of the May 4 earthquake. These investigations
center on whether the station violated the Law of TV and
Radio Social Responsibility, by promoting violence or panic.
The penalty for a first offense would be a 72 hour closure of
the station; three offenses within three years can result in
closure.


4. (SBU) The National Telecommunications Commission (CONATEL)
informed Globovision on June 16 that the government was also
initiating a criminal investigation of Globovision
programming in April and May, without specifying any
particular broadcasts. Based on the Organic Law of
Telecommunications, the criminal charges are directed at the
cable station and also at any individuals involved in the
programming. Minister of Public Works and Housing Diosdado
Cabello recently declared publicly that should the Attorney
General determine that Globovision had commited a crime, the
station would be closed.


5. (C) The SENIAT tax agency told Globovision June 5 that
they owed 5 million BsF (USD 2.3 million at the official
exchange rate) for failing to pay taxes for programming aired
for free in 2002 and 2003. The programming included spots
from the Coordinadora Democratica which organized anti-Chavez
demonstrations and a national strike. In response,
supporters of the station, including students and political
parties, organized a nationwide drive, "the Globopotazo" to
raise donations to pay the fine. On June 16 SENIAT informed
Globovision that this fine did not account fully for
inflation, and that in fact the company owed 9 million BsF

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(USD 4.2 million at the official exchange rate).
Globovision's executive director Alberto Ravell estimated
privately on June 17 that over 2 million BsF (USD 930,000 at
the official exchange rate) has been raised so far throughout
the country. He told Poloff that "these donations really
irritate Chavez". A spokesperson from the pro-government
Bolivarian Circles organization said June 17 that the
collection of donations to pay the fine was illegal and
unethical.


6. (C) The GBRV also started criminal investigations against
individuals working for Globovision. After 24 cars were
discovered during a government raid of station director
Guillermo Zuloaga's home, the GBRV accused Zuloaga on June 4
of usury for hoarding cars and artificially inflating their
prices. Zuloaga owns two Toyota dealerships and said the
cars were parked at his home because one of the dealerships
had recently been robbed. The local media also reported that
the GBRV is considering pressing "environmental damage"
charges against Zuloaga based on the discovery of stuffed and
mounted animals in the home. The GBRV also opened on June 16
a criminal investigation against Globovision lawyer Perla
Jaimes to determine if she "obstructed justice" during the
raid of Zuloaga's home. Another Globovision lawyer, Daniel
Bentacourt, told Poloff June 17 that the investigation is
because Jaimes refused to allow policemen into Zuloaga's home
until they produced a search warrant. "But really,"
Bentacourt said, "the government is just doing whatever it
can to attack Globovision."

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PRESSURING CABLE STATIONS TOO
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7. (C) Globovision leaders have told Emboffs in the past
that should the GBRV end the station's free-to-air
broadcasts, currently available only in the cities of Caracas
and Valencia, Globovision will continue broadcasting via
cable. Post estimates that as much as 60% of the population
may have access to cable television. National Assembly (NA)
president Cilia Flores said in May that the NA would soon
discuss a law regulating the cable network system. NA member
Luis Tascon announced June 3 that the law would be introduced
in June, in order to address citizen complaints about the
aggressive and violent nature of many cable channels. "The
cable stations will be able to say what they want," Tascon
said, "but they will be held responsible for what they say
and what they transmit." As an example of what should not be
permitted, Tascon referred to a National Geographic Channel
program in which the Peruvian writer Mario Vargas Llosa
criticized President Chavez. Some pundits expect the law
will be written in a way to try to press cable providers to
drop RCTV-International, the cable successor to the RCTV
free-to-air station that the GBRV closed in May 2007, and
Globovision. NA Deputy Calixto Ortega told POLCOUNS that he
expected this law to be treated expeditiously by the Assembly.

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COMMENT
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8. (C) The frequency and range of recent government
activities against Globovision suggest that government
officials are dutifully responding to President Chavez's
calls to close the station. Even if the investigations of
individuals such as Zuloaga do not result in legal sentences,
they succeed in embarrassing Globovision's leadership,
describing them as elitists far removed from the lives of
most Venezuelans, and decreasing public opposition to closing
the station. Some at Globovision feel that the station's
days are numbered; Alberto Ravell's assistant told Emboffs
June 17 "it doesn't matter what we do now, it's just
personal. Chavez hates Ravell, and he's going to shut us
down." Should the National Assembly pass a law regulating
cable broadcasts as well, access to anything but
pro-government or self-censoring television media in
Venezuela will be severely limited.

CAULFIELD