Is Free Speech Really at Stake? Venezuela and RCTV

[Patrick McElwee, a policy analyst with Just Foreign Policy, argues that the RCTV case is not about censorship of political opinion. It is about the government, through a flawed process, declining to renew a broadcast license to a company that would not get a license in other democracies, including the United States. --Ed]

Is Free Speech Really at Stake? Venezuela and RCTV

By Patrick McElwee

May 23, 2007

President Hugo Chávez of Venezuela has been the subject of many controversies. His critics often accuse him of laying the groundwork for dictatorship, despite the democratic credentials of his government. Chávez was democratically elected in 1998 and again in 2000 under a new constitution. He then won a recall election in 2004, which was certified by observers from the Carter Center and the Organization of American States. Chávez was re-elected last December by 63 percent of voters, a result again certified by international observers including the OAS and the European Union. Chávez has pledged to accelerate policies that have given poor Venezuelans vastly increased access to health care, education, and subsidized food, and in the last three and a half years of political stability, a remarkable 40 percent increase in the economy.

Throughout this process of increasing voter and citizen participation and electoral democracy, the Venezuelan opposition and their allies in the U.S. press have told us that authoritarianism was just around the corner. They now say it has arrived. The immediate focus of their concern is the president’s decision not to renew the broadcast license of a major television network that is openly opposed to the Chávez government. Their free speech concerns have been echoed by Human Rights Watch, Reporters without Borders, and the Committee to Protect Journalists. On the other hand, the vice-chair of the European Parliament’s Freedom Commission, ruling out a resolution on the issue, has said the non-renewal has nothing to do with human rights.

Here are the basic facts. Rádio Caracas Televisión (RCTV) is one of the biggest television networks in Venezuela. It airs news and entertainment programs. It is also openly opposed to the government, including by supporting a military coup that briefly ousted Chávez in 2002. (More information available on what Le Monde Diplomatique has called Venezuela’s “hate media” here and here.) During the oil strike of 2002-2003, the station repeatedly called upon its viewers to come out into the street and help topple the government. As part of its continuing political campaign against the government, the station has also used false allegations, sometimes with gruesome and violent imagery, to convince its viewers that the government was responsible for such crimes as murders where there was no evidence of government involvement.

According to a law enacted in 1987, the licenses given to RCTV and other stations to use the public airwaves expire on May 27. President Chávez has publicly declared that RCTV’s license will not be renewed, citing its involvement in the coup. Although it will not be able to continue to use the public broadcast frequencies, the station will still be able to send its signal out over cable, satellite, and the Internet.

The U.S. media, much of which has been unsuccessfully predicting dictatorship under Chávez for years, has used this case to make accusations of censorship and the end of press freedom in Venezuela.

To understand the issue better, I decided to talk to the human rights and press freedom groups who have criticized the action.

José Miguel Vivanco of Human Rights Watch clarified for me that “broadcasting companies in any country in the world, especially in democratic countries, are not entitled to renewal of their licenses. The lack of renewal of the contract, per se, is not a free speech issue. Just per se.” A free speech issue arises if the non-renewal is to punish a certain editorial line.

Still, Benoît Hervieu of Reporters Without Borders in Paris said that, while he could not be certain, he thought US and European governments would stop short of non-renewal despite RCTV’s “support for the coup.”

“I think that there would be pressure to make a replacement at the head of the channel. But I don’t think that they would not renew the concession. There is a risk in that story. There are 3000 employees at RCTV. So I don’t think that even in a country like [the United States or France], a government would risk putting 3000 people in the streets,” he said.

Could it be that governments like Venezuela have the theoretical right not to renew a broadcast license, but that no responsible government would ever do it? In the United States, this may seem plausible, since broadcast licenses here seem to be forever. (Who could imagine life without ABC, CBS, or NBC?) Still, the government sometimes takes actions in other parts of the economy that result in a company going out of business.

Actually, in other democratic countries, broadcast companies sometimes do not get their licenses renewed. For example, in Britain in 1992, in a process based in part on a subjective assessment of “quality of service,” Thames Television lost its license after 24 years of service. Several British commentators speculated that the Thatcher government had influenced the result.

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Comments

[Henry]

Yes, free speech is really at stake. Venezuela's TV/VHF spectrum is now almost completely dominated by the gorvernment or intimidated into banality.