RE: RCTV Closed; Protests Erupt

C O N F I D E N T I A L SECTION 01 OF 04 CARACAS 000075 SENSITIVE SIPDIS AMEMBASSY ANKARA PASS TO AMCONSUL ADANA AMEMBASSY ASTANA PASS TO AMCONSUL ALMATY AMEMBASSY BERLIN PASS TO AMCONSUL DUSSELDORF AMEMBASSY BERLIN PASS TO AMCONSUL LEIPZIG AMEMBASSY BELGRADE PASS TO AMEMBASSY PODGORICA AMEMBASSY HELSINKI PASS TO AMCONSUL ST PETERSBURG AMEMBASSY ATHENS PASS TO AMCONSUL THESSALONIKI AMEMBASSY MOSCOW PASS TO AMCONSUL VLADIVOSTOK AMEMBASSY MOSCOW PASS TO AMCONSUL YEKATERINBURG AMEMBASSY BRIDGETOWN PASS TO AMEMBASSY GRENADA AMEMBASSY OTTAWA PASS TO AMCONSUL QUEBEC AMEMBASSY BRASILIA PASS TO AMCONSUL RECIFE E.O. 12958: DECL: 2020/01/25 TAGS: PGOV PHUM PREL KDEM VE SUBJECT: RE: RCTV Closed; Protests Erupt REF: 09 CARACAS 1287 CLASSIFIED BY: DUDDY, AMBASSADOR, DOS, AMB; REASON: 1.4(B),(D) -------------- Summary -------------- ¶1. (C) In a press conference the evening of January 23, Diosdado Cabello, the Minister of Housing and Public Works and the director of the broadcasting regulatory agency Conatel, announced that he had instructed cable TV operators to remove RCTV and five other cable networks from their programming, effective as of midnight, claiming these networks were not in compliance with the law governing "national" audiovisual producers. The law requires "national" networks to carry President Chavez' speeches and government announcements ("cadenas") live. RCTV had rejected its classification as a "national" producer when the list was announced on January 21 and had refused to carry either Chavez' January 21 speech or his impromptu "cadena" earlier in the day. RCTV President Marcel Granier alleged that the measure was intended to "silence the voice of protest of the Venezuelan people." While RCTV bills itself "the telenovela people" and is largely an entertainment channel, its editorial line is critical of the government and President Chavez has long accused it of having incited and supported the 2002 coup against him. Pro-government cable stations Venevision and Telsur were determined to be "international" and not subject to the new requirements. ¶2. (C) Student-led demonstrations in support of RCTV were held in front of the Conatel offices at midnight when RCTV went off the air. Protests in the form of pot-banging ("cacerolazos"),street closings, and demonstrations continued on Monday. The journalist association "Colegio Nacional de Periodistas," opposition political parties, and the Catholic Church's Episcopal Conference all issued statements condemning the closing of the cable TV stations and the abridgement of free expression. Further protests are planned for January 26 and 27. End Summary. -------------- -------------- -------------- Regulators Tighten Screws on Cable TV Networks; RCTV Closed -------------- -------------- -------------- ¶3. (SBU) At midnight on January 23, six cable channels were taken off the air (Ritmo Son, Momentum, America TV, American Network, TV Chile, and RCTV) after Housing and Public Works Minister Diosdado Cabello warned all cable providers carrying these networks to immediately remove them from their schedules or face government sanctions. Cabello insisted that "we aren't closing anybody... cable providers should not carry a station that violates the law. As of this moment, (cable) operators should make a decision." Cabello warned that if the cable operators did not cease broadcasting the illegal channels, "it will be they and not the channels who will be subject to an administrative procedures." (Note: Under Article 29 of the Radio and Television Law on Social Responsibility (Resorte),stations that carry unlicensed programming could be subject to penalties of 72 hours' suspension from the airwaves, a five-year revocation of their authorization to CARACAS 00000075 002 OF 004 broadcast, or a complete cancellation of their licenses. End Note.) ¶4. (SBU) Referring indirectly to RCTV, the most prominent of the networks affected by this decision, Cabello claimed that the stations had refused to comply with regulations issued January 21 that reclassified them as a "national" audiovisual producer subject to "Resorte." Under that law, networks are required to transmit President Chavez' hours-long speeches ("cadenas") live. -------------- -------------- Government Extends Control to Cable Networks -------------- -------------- ¶5. (U) On January 21, Conatel had issued a list of 24 private cable producers that were being reclassified as "national" audiovisual producers pursuant to a Conatel resolution of December 22, 2009. This resolution required that subscription cable television stations whose content and production were 70 percent or more "Venezuelan" be considered "national" audiovisual producers and subject to the Radio and Television Law on Social Responsibility (Resorte) (reftel). Until then, all cable stations had been exempt from government broadcasting requirements. According to press reports, Conatel conducted a four-month review of 188 cable channels, of which 164 remained classified as "international" and 24 were redesignated "national." Pro-government cable stations Venevision and Telesur were not redesignated as "national" producers. National producers are required to carry government broadcasts, known as "cadenas," in real time as well as unpaid government advertisements. In addition, under these requirements, private commercial advertisements will be limited to one block during each program. -------------- -------------- RCTV Most Likely Target, But Not Alone . -------------- -------------- ¶6. (C) RCTV International is the most prominent of the stations affected by Conatel's ruling. On January 22, Embassy Information Officer spoke with Oswaldo Quintana, Legal Counselor for RCTV International, who rejected Conatel's classification of the network as "national" and said that RCTV would refuse to carry presidential "cadenas." Quintana maintained that RCTV International had presented sufficient evidence that more than 70 percent of its programming was internationally produced and should thus be exempt from such a classification. On January 22 RCTV filed an appeal with the Supreme Court challenging Conatel's ruling. ¶7. (U) In a press conference on January 22, RCTV President Granier publicly challenged Conatel's decision to reclassify it as a "national" producer, claiming that Conatel was using old programming information to determine whether RCTV met the threshold for "national" producers of 70 percent local content. This retroactivity was "unconstitutional." Granier said RCTV would not transmit the President's speeches unless they were newsworthy. (Note: RCTV did not transmit President Chavez' January 21 speech or his minutes-long impromptu remarks on January 23. End Note.) CARACAS 00000075 003 OF 004 Granier charged that Conatel's decision was part of a plan to "persecute" the station," and to "hide the continuous corruption scandals and to silence the voice of protest of the Venezuelan people in the face of the failure of the government administration." Granier asked, "How much silence do you need, Mr. President?" Granier asserted that RCTV International would continue obeying only those requirements applicable to international producers. He further claimed that Conatel's decision favored Venevision, which "has increased its income as well as its audience." He concluded his press conference by urging all Venezuelans to participate in the January 23 opposition march against Chavez. ¶8. (SBU) RCTV International was recreated as a private cable network following the 2007 decision by Conatel to cancel RCTV's free-to-air license. RCTV had been a highly popular entertainment channel; its closure in 2007 prompted massive street demonstrations in support of the station. RCTV International still bills itself as "the telenovela people." (Note: Satellite dishes can be seen sprouting everywhere within the poor barrios surrounding Caracas, suggesting that RCTV International still might have considerable reach even as a cable station. End Note.) President Chavez has long accused RCTV of inciting and supporting the 2002 coup against him through its coverage of the strikes and protests that led to the coup and by failing to broadcast his return to power. -------------- -- Demonstrations in Support of RCTV -------------- -- ¶9. (SBU) Demonstrations in support of RCTV began immediately. Shortly before the measures took effect at midnight, a group of people gathered outside Conatel headquarters to protest the closing of the station. On January 24, Caracas residents began banging pots and pans ("cacerolazo") at 6 p.m. for about half an hour in protest. On January 25, students outside the Catholic University of Andres Bello (UCAB) displayed a banner saying, "1st closure = craziness, 2nd closure = dictatorship" ("1ma cierre = locura; 2do cierre = dictadura"). On January 25, scores of students at the private Monte Avila University in Caracas closed a major thoroughfare during the morning rush hour until they were dispersed by the police with water trucks. Also on January 25, approximately 500 people and students announced their intention to march to Conatel headquarters in protest; pro-government militant Lina Ron and her supporters vowed to meet protesters there. The media reported small-scale street demonstrations by students throughout the capital and in Valencia, Barquisimeto, Maracaibo, and Merida as well as police use of tear gas to break up some of these protests. Additional demonstrations in support of RCTV are planned for January 26 and 27. ¶10. (SBU) The closing of RCTV has prompted criticism by opposition political parties, the National Journalists Association (CNP),and the Catholic Church's Episcopal Conference (CEV). CNP President William Echeverria called on January 25 for an "extraordinary assembly" of the organization "in defense of democracy." Also on January 25, the CEV Secretary General Jesus Zarate said "the attitudes of the government go against the democratic spirit." The Archbishop of Coro, Monsignor Roberto Luckert said that with the closing of RCTV, "now we have a media mega-latifundio" that is preventing the opposition from getting its message out. CARACAS 00000075 004 OF 004 ¶11. (SBU) The local media have also reported international criticism of the closing of the cable stations by Paulo Sergio Pinheiro of the Inter-American Commission of Human Rights (IACHR) and Catallina Botero, the IACHR Special Rapporteur for Freedom of Expression. ¶12. (SBU) The Venezuelan government has so far responded to the protests by insisting that it was simply applying the law and that the stations were free to reopen once they had registered with Conatel as "national" producers and agreed to comply with the requirements of the law. They have also organized small demonstrations in favor of the decision by "Bolivarian" students. -------------- Comment -------------- ¶13. (C) RCTV was widely seen as the intended target of Conatel's new regulations. This measure is part of the government's efforts over the past year to extend its control over the private media, but may have also had several specific purposes: to punish RCTV, an old adversary, which had already succeeded in evading government controls once; to enable Chavez to use RCTV's highly popular entertainment programming to get his message into poor barrios during an election year; and to reduce RCTV's revenue and thereby the resources available to RCTV President Granier, an outspoken supporter of the opposition. However, the closing of RCTV adds to the growing list of reasons - water shortages, electricity rationing, inflation, crime -- for popular discontent. So far, however, it is not clear whether the political opposition can channel this social discontent into votes in the September legislative election. CAULFIELD