US embassy cable - 04CARACAS2754

C O N F I D E N T I A L  CARACAS 002754 
 
SIPDIS 
 
 
STATE PASS USAID FOR DCHA/OTI 
NSC FOR CHRIS BARTON 
HQ USSOUTHCOM FOR POLAND 
 
E.O. 12958: DECL: 08/30/2014 
TAGS: KDEM, KPAO, PGOV, PHUM, VE 
SUBJECT: CHAVEZ REVIVES NEW MEDIA LAW - VENEZUELAN PRESS 
FEELS THERE ARE GREATER THREATS 
 
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SUMMARY 
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1.    (C) President Hugo Chavez, exulting in the officially 
announced overwhelming victory for the NO vote in the 
presidential recall referendum revived the idea of the  media 
law on August 22 during his regular &Alo Presidente8 
television program.   The law was proposed in January 2003. 
Despite the fact that Chavez and his allies in the media have 
singled out particular opposition media for post-referendum 
attack, a member of the &Boston Group8 had earlier assured 
an embassy officer that the law would not go forward. 
Nonetheless, with Chavez, proclamation calling for action, 
it is clear that the media law will go forward.  Post 
contacts have said that they are more concerned with how the 
media law would be enforced rather than its actual content. 
They have asserted that they are already practicing 
self-censorship.  A larger concern expressed by &El 
Universal,8 Venezuela,s mainstream paper of record, is the 
physical threats being directed towards the paper,s 
management.      END SUMMARY. 
 
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THE MEDIA LAW PROPOSED IN JANUARY 2003 
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2. (U) In January 2003 the &Law of Social Responsibility in 
Radio and Television8 (or Broadcast Media Content Law) was 
introduced in the Venezuelan Congress.  Under this law, 
broadcasters must release only &truthful information8; 
television companies, advertisers, and broadcasters could be 
punished for transmitting &contents that promote, defend or 
incite lack of respect for legitimate authorities, such as 
the deputies of the National Assembly, the President of the 
Republic, the Vice-President of the Republic, ministers, 
magistrates of the Supreme Tribunal of Justice(.8  Programs 
containing violence of any kind, including coverage of 
disasters, political conflicts, and criminal incidents, would 
be restricted to the hours between 11 PM and 5 AM, hours when 
very few channels broadcast at all.  In the bill a new 
department within the state broadcasting regulatory agency 
would determine the appropriateness of the content, and 
exorbitant fines could be imposed on stations, possibly 
leading to their closure.  The government would also have the 
right to suspend broadcasting or revoke the broadcasting 
license in the case of repeated offenses. 
 
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CHAVEZ REVIVES THE PROPOSED LAW 
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3. (C) In a conversation with the PAO, Pedro Diaz Blum,  an 
opposition member of the Boston Group (composed of members of 
both the government and opposition that had undertaken 
conflict management training in Boston at the initiative of 
members of the U.S. House of representatives) stated that the 
Boston Group members had a arrived at a gentleman,s 
agreement  that the discussion of the bill was to be tabled. 
Nonetheless, during a speech give on August 22 during his 
regular &Alo Presidente8 television program President 
Chavez called for the expedited passage of the law.  He 
underscored the need for quick passage of the law during his 
august 27 ceremony at Congress. He said passage was important 
for the governability of the country and he quoted the Pope 
as calling for press regulation.  Chavez added, &this should 
not be seen as a threat by anyone, to the contrary, it is a 
guarantee of order, respect for the law, stability; but never 
more can televisions or communications media act as arms of 
terrorism, of coups, or of destabilization.8  In addition, 
both President Chavez and pro-Chavez media have regularly 
accused particular major opposition press outlets, daily 
papers &El Nacional8 and &El Universal8 and TV news 
channels &Globovision8 and &RC TV8 as being behind the 
referendum and irreconcilable to the  Bolivarian 
revolution., 
 
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VENEZUELAN MEDIA HAS OTHER WORRIES 
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4. (C) In an August 20 meeting between embassy officers and 
the management of &El Universal,8 Venezuela,s mainstream 
 
 
paper of record, the managing editor, public relations 
officer, and executive vice president were somewhat sanguine 
of the possible effects of the new media law (perhaps 
reflecting their role as print media).  They noted how the 
media, themselves included, were already practicing 
self-censorship.  Their larger concern were physical threats 
to them and their family.  They mentioned that they had 
already received phone threats directed against them.  They 
feared that with the (alleged, in their eyes) referendum 
victory the government and pro-Chavez forces would go beyond 
threats.  They noted the shooting of opposition demonstrators 
by pro-Chavez gunmen on August 16 as showing the direction 
the country was heading. 
 
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COMMENT 
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5. (C) The Chavistas in the National Assembly will take up 
President Chavez, call probably at the same quick pace as 
the Supreme Court Law.  The new media law would undoubtedly 
be used to pressure the opposition media of which, at this 
time, there is no shortage.  The management of &El 
Universal8 is sincere in its concerns about physical threats 
though it is hard to tell how far the government and its 
supporters would go to silence the opposition press.  Despite 
the confession of self-censorship &El Universal8 and the 
rest of the opposition media has been tireless in crying 
fraud at the results of the referendum.  The opposition 
media,s concern over violence is mirrored in the 
vociferously pro-Chavez paper &Diario Vea8 that  warns 
daily in its editorials that the opposition will turn violent 
after their democratic defeat and that the Bolivarian 
revolution must be prepared to defend itself. 
 
6.  (C) Charge,s Comment:  What drives Chavez, interest in 
the media law is his perception that the media owners are the 
true leaders of the opposition, the puppet-master behind the 
April 2002 coup, and the main holdovers from the pre-Chavez 
&Fourth Republic8 era.   Thus the media,s performance 
during the referendum campaign * which was aboveboard, and 
in which opposition media increased interviews of Chavista 
leaders * is beside the point.   The application and the 
existence of the law are more significant than the specific 
sections in the law.   More media controls would be bad for 
democracy; it will not be clear just how bad until we see the 
final draft of the law.   Chavez listens little to foreign 
reactions to his laws; we will have far more impact, however, 
if we can voice our opinions in concert with other countries 
and NGOs. 
 
McFarland 
McFarland 
 
 
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      2004CARACA02754 - CONFIDENTIAL