This is an administrative inquiry, but with a criminal ingredient: the National Telecommunications Commission (Conatel) opened the case but said it suspended until prosecutors determine if the channel committed an offense referred to in Article 171 of the Act Telecommunications.
This article punishes the radio that “use or permit the use of telecommunications services (…) to assist in the commission of crimes.”
If the prosecution reaches that conclusion, Conatel resume administrative formality. At the end of the canal could revoke the license or concession to transmit.
“There is sufficient evidence that it may be presumed that the company might be concerned by a breach of that rule,” said Roselyn Daher, Conatel’s legal department, in an interview with the official television station, Venezolana de Television.
Authorities have not specified what content channel will be examined by the prosecution.
This is the most recent episode of a long-standing confrontation between the government of Hugo Chávez and the news channel.
Chavez has called Globovision of liar, conspirator and terrorist, while the canal is considered a target of government policy that seeks to stifle dissent and to take control over the media.
Increase in fine
We considered different messages throughout its programming, specifically refers to programs such as’ Hello, Citizen ‘,’ News Globovisión ‘(…) We have monitored the transmissions have been identified and situations that allegedly violating the law would Legal
Roselyn Daher, Conatel
Furthermore, Globovision reported that the office of tax administration, the SENIAT, doubled the fine of $ 2.32 million it had imposed for failure to declare donations and spaces assigned to civil society organizations to transmit messages over the institutional strike oil 2002-2003.
When representatives came to Globovisión SENIAT to request payment for payroll, the agency notified him that the fine adjustment to an increase in the tax unit, which now must pay U.S. $ 4.18 million.
This happened minutes after the representatives of political and civil organizations to go to a bank branch to deposit the proceeds in the area of Caracas at the weekend, at a public gathering dubbed the “Globopotazo” whose purpose was to contribute to paying the fine .
Has not yet been informed how much money was collected during this activity.
The channel’s director, Alberto Federico Ravell, said that “Globopotazo the mother gave the government” and noted that increasingly gave more clear that the intention is to close the channel.
Laps legal
The SENIAT doubled the fine imposed on Globovisión.
The Legal Adviser in the canal, Ana Cristina Nunez, said that the notice of the new administrative procedure-the fourth since last year, does not specify the content areas and questioned by the authorities, making it difficult to exercise a defense.
However, he mentioned the transfer of an interview in an evening program, “Hello, Citizen,” in which the editor of the newspaper El Nuevo País, Rafael Poleo, said that President Hugo Chávez is going to end up like Benito Mussolini.
“We considered various messages throughout its programming, specifically refers to programs such as’ Hello, Citizen ‘,’ News Globovisión ‘(…) We have monitored the transmissions have been suspected to be certain situations in breach of legal system, “he explained, for its part, the representative of Conatel, Roselyn Daher.
Daher said that he is aware that the prosecution is investigating the facts indicated.
For Gonzalo Himiob criminal lawyer, university professor and member of the NGO Forum and Live Penal Venezolano (representing relatives of some victims of the coup of April 11, 2002), the legal way is long and uncertain.
Himiob he told BBC World that in Venezuela there are very few laws which declare the liability of a legal person, ie a company, such as Globovisión.
The Telecommunications Act, he said, is not one of them. So, first would have to show that a person committed a crime, a sentence through the courts, then it did through a telecommunications company, and finally there was a link between the intent and managers and employees of the media company, ie, managers and employees were in agreement with the fact.
“That’s when you can open an administrative proceeding designed to punish the channel. But in this case are jumping steps: assuming that the courts are going to find criminal responsibility. Meanwhile, say that you leave the file there guardadito “he said.
Alternate routes
That (the increase of the fine) is a legal outrage. It shows that certainly there is a relentlessness
Gonzalo Himiob, criminal lawyer
Questioned on whether the procedure through the courts does not work for months if not years, the lawyer said that the experience, but the authorities could still find an expeditious way.
“What I think is that this will somehow materialize in the near future and perhaps through a measure (as a precautionary closure of the channel) or something like that,” he said.
On the other hand, criticized the increase of the fine Globovision, on the basis that the amounts had already been established in a final decision.
“That is a legal outrage. It shows that certainly there is a relentless,” he said.
In the National Assembly, government and opposition MPs defended and criticized the administrative and legal proceedings against Globovisión.
Mario Isea The deputies called for justice, while Globovisión called a political party or leader of all opposition political parties.
“We support the decisions imposed by the concerned agencies to the procedures of self-defense of the people involved. It is a state of what is right here and welcome the attack impunity,” said the next president of the Assembly, Cilia Flores .
Recently, the chairman of the Committee on Science, Technology and Media, Manuel Villalba, told BBC World that Globovisión becomes “the victim when she was half sick of communication which violates the rules of law, comes to lie , misrepresenting the truth, seeking to destabilize the government and lead to situations of violence. “
