IV 

110TH CONGRESS 

1ST SESSION H. CON. RES. 77 

Calling on the Government of Venezuela to respect a free and independent 

media and to avoid all acts of censorship against the media and free 

expression. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mr. WELLER of Illinois (for himself, Mr. SCHIFF, Mr. PENCE, Mr. FORTUN ̃O, 

Mr. WOLF, Mr. LINCOLN DIAZ-BALART of Florida, and Mr. LAMBORN) 

submitted the following concurrent resolution; which was referred to the 

Committee on Foreign Affairs 

CONCURRENT RESOLUTION 

Calling on the Government of Venezuela to respect a free 

and independent media and to avoid all acts of censorship against the media and free expression. 

Whereas freedom of the press and freedom of expression are 

under threat in Venezuela; 

Whereas Venezuelan President Chavez announced on December 28, 2006, that Radio Caracas Television (RCTV), 

Venezuela’s oldest private, commercial broadcaster founded in 1953, would not have its broadcasting license renewed, and therefore the license would expire on May 28, 

2007; 


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Whereas RCTV claims its broadcasting license doesn’t expire 

until 2022, and that President Chavez is suppressing coverage that is critical of his administration; 

Whereas the decision not to renew the broadcasting license of 

RCTV lacks transparency and appears to be politically 

motivated; 

Whereas calls of concern regarding the decision not to renew 

the broadcasting license of RCTV have been expressed by 

international media organizations, including: Instituto 

Prensa y Sociedad (Institute of Press and Society), the 

Committee to Protect Journalists, the International Press 

Institute, Reporters Without Borders, and the Inter 

American Press Association; 

Whereas Organization of American States (OAS) Secretary 

General Jose Insulza said the decision not to renew the 

broadcasting license of RCTV gives the appearance of a 

form of censorship against freedom of expression, and at 

the same time serves as a warning against other news organizations in Venezuela, leading such organizations to 

limit their actions at the risk of facing the same fate as 

RCTV; 

Whereas the OAS Special Rapporteur for Freedom of Expression, Ignacio Alvarez, has said that the closure of 

RCTV will mean Venezuelans would be deprived of a 

source of news that offered critical views of the government; 

Whereas the decision not to renew the broadcasting license of 

RCTV is only the latest in a series of maneuvers the 

Government of Venezuela has taken to limit press freedom; 


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•HCON 77 IH 

Whereas Venezuela has been noted to have a steady decline 

in press freedom over the past several years; 

Whereas Freedom House rates freedom of the press in Venezuela as ‘‘not free’’; 

Whereas the Government of Venezuela has passed laws since 

2004 to restrict the media and free expression; 

Whereas the 2004 Law of Social Responsibility in Radio and 

Television regulates the type of content that is allowed in 

radio and television programming in Venezuela; 

Whereas this law gives the Government of Venezuela the 

power to impose onerous fines on, and suspend broadcasting rights of, media outlets that publish messages 

‘‘contrary to the security of the nation’’, as determined 

by the Venezuelan Government; 

Whereas a second offense for a publishing message ‘‘contrary 

to the security of the nation’’ may lead to the suspension 

of a media outlet’s broadcasting license for five years; 

Whereas the 2004 Law of Social Responsibility in Radio and 

Television is vaguely worded such that it can be easily 

used with political motivation and applied to severely restrict freedom of expression; 

Whereas the provisions of this law violate international standards protecting free expression and could penalize broadcasters’ legitimate expression of political views; 

Whereas in 2005, journalists in Venezuela were barred from 

reporting on the military, hospitals and stadiums, and 

the judiciary; 

Whereas on November 1, 2005, columnist David Ludovic was 

pressured by President Chavez’s security personnel into 


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handing over a tape of interviews done adjacent to the 

Palacio Blanco, the Miraflores presidential palace; 

Whereas on January 23, 2006, at the request of the Venezuelan Attorney General, Venezuelan courts banned ten 

media outlets from reporting on the criminal case involving the car bomb assassination of Danilo Anderson, the 

prosecutor who led the probe into the 2002 coup against 

President Chavez; 

Whereas Human Rights Watch has noted that, at moments 

of political tension, the Venezuelan National Commission 

of Telecommunications (CONATEL) warns media directors of punishments that they face for coverage that violates Venezuelan law; 

Whereas desacato (disrespect) laws were enacted in Venezuela as part of the 2005 criminal code reform law; 

Whereas the use of desacato laws have a serious and chilling 

effect on the public and the media, since such laws deter 

not only criticism but also public scrutiny of alleged misconduct by the government; 

Whereas under Venezuela’s desacato laws, insulting the 

President of Venezuela is punishable by six to 30 months 

in prison and making comments that could ‘‘expose another person to contempt or public hatred’’ is punishable 

by one to three years in prison and a severe fine; 

Whereas journalist and government critic Ibeyise Pacheco of 

the daily El Nacional was convicted and placed under 

house arrest for one week under Venezuela’s desacato 

laws; 

Whereas in July 2005, the Venezuelan Attorney General invoked desacato laws to investigate the Caracas-based 


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newspaper El Universal for an article allegedly criticizing 

his office and the judiciary; 

Whereas in February 2006, television journalist and presidential critic Jose Ovidio Rodriguez Cuesta, known as 

Napoleon Bravo, was prosecuted under Venezuela’s 

desacato laws for public criticism of the Venezuelan Supreme Court; 

Whereas the Government of Venezuela controls two national 

television stations, a national radio network, and a wire 

service, and President Chavez regularly exercises his 

power to preempt programming in private media outlets 

to ensure extensive broadcasting of government announcements; 

Whereas President Chavez has been granted the power to 

rule for the next 18 months by decree in Venezuela 

through an ‘‘enabling law,’’ further eroding the democratic process and checks on concentrated government 

power, making the need for an independent press even 

greater; and 

Whereas freedom of the press, freedom of speech, and freedom of expression that allow multiple viewpoints to be 

heard are essential components to a healthy and wellfunctioning democracy: Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), That Congress— 

3 (1) expresses support for members of the media 

4 in Venezuela who are facing an assault on their 

5 rights to freedom of the press, freedom of speech, 

6 and freedom of expression; 


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1 (2) expresses deep concern regarding the an2 nouncement of Venezuelan President Chavez not to 

3 renew the broadcasting license of Radio Caracas Tel4 evision (RCTV); 

5 (3) calls upon the Government of Venezuela to 

6 immediately reverse its decision not to renew the 

7 broadcasting license of RCTV; 

8 (4) urges the Government of Venezuela to cre9 ate an independent body to assign and renew broad10 casting licenses in Venezuela; 

11 (5) calls upon the Government of Venezuela to 

12 respect the rights of an independent media to freely 

13 communicate and broadcast through print, radio, 

14 and television without fear, intimidation, censorship, 

15 or the threat of censorship; and 

16 (6) urges the Government of Venezuela to re17 spect the rights of freedom of expression for all Ven18 ezuelans. 

Æ 


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