26 June 2001
ALARMS PRESS FREEDOM ORGANISATIONS
A Venezuelan Supreme Court ruling that denies journalists the right of reply and establishes criteria for "timely, truthful and impartial information" has alarmed a number of organisations, including the Institute for Press and Society (IPYS), the Argentinean Association for the Defence of Independent Journalism (PERIODISTAS), the Inter American Press Association (IAPA), Reporters sans frontières (RSF) and the Committee to Protect Journalists (CPJ).
The 12 June court decision came in response to a writ petition filed by Elías Santana, coordinator of the civic group Queremos Elegir, host of the radio programme Santana Total and a columnist for the Caracas-based daily "El Nacional", reports CPJ. President Hugo Chávez criticised both Santana and Queremos Elegir during 27 August and 3 September 2000 broadcasts of his radio program "Alo, Presidente". Santana filed the petition to assert his right to reply on the program. The right of reply is guaranteed in Venezuela's Constitution and the American Convention on Human Rights, notes CPJ. The Supreme Court denied Santana's petition, ruling that the right of reply was intended for individuals who do not have access to a public forum, rather than media professionals and others who express themselves via the media. Santana and other prominent Venezuelans from across the political spectrum say they will appeal the decision before the Inter-American Commission on Human Rights of the Organisation of American States, reports CPJ.
Under the Supreme Court ruling, any journalist could be prosecuted for violating the right to "truthful information," which was included in Venezuela's 1999 Constitution despite strong domestic and international protests, says CPJ. The court asserted that the media must avoid spreading "false news or news that is manipulated with the use of half truths; disinformation that denies the opportunity to know the reality of the news; and speculation or biased information to obtain a specific goal against someone or something." IAPA notes that the Court decision goes as far as establishing that "it is restrictive of truthful and impartial information to have a majority of columnists of one sole ideological bent." IAPA calls the court's decision "political" and "tantamount to a defence of the Venezuelan president's policy aimed at continuing to discredit the news media, journalists and any citizen who might criticise, contradict or oppose the government's actions."
The Supreme Court ruling came shortly after President Chávez publicly threatened to expel foreigners who criticise Venezuela. The president made the announcement on 10 June in response to former Peruvian presidential candidate Lourdes Floures's statement that Chávez exhibited some characteristics similar to former Peruvian president Alberto Fujimori, reports IPYS. Critics of the president's remarks say that the Venezuelan constitution permits all persons, whether national citizens or foreigners, to freely express their thoughts. IPYS also reports that Chávez recently said he was gathering information on alleged tax violations by media owners and would turn to the courts "to do justice" on this matter. Chávez made the comments during a 9 May Venezuelan Communist Party public event, at which he called on journalists to unite and stand up against media owners. He also announced that his government would continue to financially support community radio and television stations in order to give organized citizens their own media, "thereby combatting the great scoundrels who manipulate the truth."
RSF states that since coming to power in February 1999, President Chávez has stepped up his attacks on media professionals, most of whom are critical of government policy. On 6 May, the Coordinating Committee of Press Freedom Organisations, which includes IAPA, CPJ, the International Press Institute, the World Association of Newspapers and the World Press Freedom Committee, issued a resolution expressing concern over the future of freedom of expression in Venezuela and calling on Chávez to cease his attacks on journalists. The International Federation of Journalists Latin America Regional Office (FIP), based in Caracas, stated recently that Chavez's repeated attacks on the press are "detrimental to the necessary climate of tolerance and guarantees for journalistic work and freedom of expression."
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