Venezuelan President Approves Media Law

[Minstrel Boy]

No doubt this will make Chavez-bashers see red, but anyone who knows the role the demonizing and unregulated oligarchical media played in the 2002 coup should welcome this. Maybe someday Americans will be freed from the dictatorship of the US corporate media.

Venezuelan President Approves Media Law

JORGE RUEDA
Associated Press
Thu, Dec. 09, 2004

CARACAS, Venezuela - A law that gives the government control over the content of radio and television programs in Venezuela took effect Thursday.

...

"We can say that the Venezuelan people have begun to free themselves from ... the dictatorship of the private media," Chavez said in a speech late Tuesday.

...

The new law establishes strict rules regarding violence and sexual content, and allows the government to impose huge fines or close down stations that break the rules. It also requires TV and radio stations to "broadcast all messages in Spanish" and set aside 70 minutes of programming each week for government-produced spots, said Alberto Federico Ravell, director of the privately owned Globovision television channel.

"The government, starting today, began a progressive intervention of the media," Ravell told The Associated Press.

http://www.grandforks.com/mld/grandforks/sports/football/nfl/minnesota_vikings/10375847.htm

[TO Kid]

1. So whom will they blame

When the inevitable happens and someone they oppose takes over?

[GHOSTDANCER]

199. Well here in the US we blame the FCC. n/t

[Zorra]

210. Cisneros, Bu$h, Venezuelan media, and even the FCC:

Maybe Chavez is doing what he has to in order to protect democracy in Venezuela. This ties powerful mega-corporate Venezuelan media with Hispanic media consolidation in the US, and with Bu$h also. After reading this it is hard to judge Chavez's actions regarding censorship of the media in Venezuela.

Shady Businesses of Bush Family in Venezuela
Thursday, June 24 2004

It would not be surprising for Cisneros to be picked as the Bush prospect to face Hugo Chavez at the next presidential election, if the opposition wins the upcoming referendum with the support of the U.S.

The 57-year-old, Gustavo Cisneros Rendiles, owns a fortune estimated at 5 billion dollars, one of the largest in Latin America, after Mexican Carlos Slim. According to Forbes magazine, he ranks 64th among the 500 richest persons in the world.

Being of Cuban origin, Cisneros is the major stockholder for Univision, the main Spanish language broadcast network in the U.S. and owns several large audience channels such as Venevision in Venezuela, Chilevision, Caracol Television de Colombia and Caribbean Communications Network. He also owns Panamco bottling and is a stockholder in Coca-Cola, the transnational that employed President Vicente Fox of Mexico.

Gustavo Cisneros shares fishing trips in Venezuela and Florida with his friend, George Bush and, showing that capital does not have scruples nor ideology, he also cultivated good relations with the government of Bill Clinton, where Secretary of State Cyrus Vance served as a contact.

http://www.nmpnews.net/article.php?story=20040623211445430&mode=print

The Federal Communications Commission on Monday approved the $3.1 billion merger of Univision, the nation's largest Spanish-language television network, and the Hispanic Broadcasting Corp., the nation's largest Spanish-language radio network.
snip----
The commission's two Democrats, Jonathan Adelstein and Michael Copps, voted against the merger saying it would hurt competition and reduce the news and entertainment choices for Spanish-speaking Americans.

"Rather than allowing further media concentration by Univision and other media conglomerates, this commission would be better advised to focus its attention on ways to promote minority participation in our media and to do it before the next wave of consolidation makes a complete mockery of that objective," Copps wrote in his dissent. "Latinos are under-represented not only in boardrooms, but in newsrooms as well. ... The record is clear on that and it is cause for alarm because additional consolidation can only reduce opportunities for Latinos and other minorities in this country."
snip------
Univision owns the Univision and TeleFutura TV networks, the Galavision cable network, an Internet site, a Latin recording label, over 50 television stations nationwide, and 43 TV affiliate stations. The company, with net revenues topping $1 billion last year, reaches over 97 percent of Hispanic households with its telenovelas, soccer and Latin-American oriented news programming. Its Galavision network serves nearly six million cable subscribers. The Cisneros group, the powerful Venezuela-based media conglomerate, owns 20 percent of Univision and supplies the company with a majority of its entertainment programming.

http://www.pbs.org/newshour/media/media_watch/july-dec03/univisionmerger_09-22-03.html

Here is a long essay on media in Venezuela:

From friends to foes: Venezuela’s media goes from consensual space to confrontational actor
Jairo Lugo & Juan Romero
snip-------

This balance of power is made even more fragile by the fact that even though there are currently more than 20 television stations more than 70% of the audience is controlled by the four main commercial broadcasters: Venevisión, Radio Caracas Television (RCTV) and Televén. It is worth mentioning that VTV, the government based channel, hardly reaches 5% of the population (Salas, 2003). There are also several cable TV operators, one satellite network (Direct TV) and is very common for homes in the middle and upper class to possess satellite dish which gives them access to channels all over the world. It is also important to mention that there are two main 24-hours news networks: One in television, Globovisión, and a second one in radio, Union Radio; even though neither reaches more than 10% of the total audience, both are very influential in terms of agenda setting.
snip------
In defence of authoritarian character or tendency of Chávez’s regime –at least in terms of freedom of speech- we must say however that many critics have misrepresented recent history. ‘Reporters Sans Frontiers’ (2001), for example has acknowledge that veiled and open censorship has occurred in Venezuela in a regular basis for many years and that pressures to editors have been a common practice much before this government, while it is commun knowledge within journalist that self-censorship has been routinely achieved through threats, bribes or indirect pressures through their editors. It is clear therefore that Censorship did not start with this administration, even though it has been perhaps the one that has spoken more openly against the media.

It is also true that many of the media owners were seduced by the idea of expanding the spaces of public participation beyond the traditional elites with whom they had broke relations and that many of them though that the new institutionality developed by Chávez would open new options. But the reality was very different and as Romero (2002a) points out, there was no space for them in the new process of hegemonic construction of power implemented by the Chavismo.

There is no evidence to suggest that is neither possible –or desirable- under the current conditions for the president to re-edit the former pact and at this point some of the official discourses reveal instead that the administration has understood that is no longer possible to galvanize support from the media through a symmetrical relation as in the past. All seems to indicate instead that the government will have to empower itself and accept that the realistic objective of its information policy is not to gain support but to neutralise at least the media.

http://64.233.161.104/search?q=cache:rcPp0qylyhMJ:sincronia.cucsh.udg.mx/lugoromeroinv02.htm+media+ownership+venezuela&hl=en

Here is some info on one of the authors of the above article:

Jairo Lugo, Lecturer in Journalism Studies. Room G9A

Jairo Lugo holds a BA from the Universidad del Zulia (Venezuela), a MA from Lancaster University and is currently finishing his PhD at the University of Sussex (UK). His research interests include media and democratisation in South America and new media technology and cultural identity in Latin America; He has worked as a war correspondent, staff-writer and editor for several newspapers, magazines and radio stations in Venezuela, Colombia and the United States. He is an associated member of the Centre of Defence & Security Studies (CDISS) and adviser for OXfam in Scotland on media and asylum issues. He currently writes for newspapers and magazines in Colombia, Peru and Venezuela. Personal website: http://staff.stir.ac.uk/jairo.lugo

http://www-fms.stir.ac.uk/staff_info/lugo.html

[private_ryan]

2. dictatorship of the private media

ah...the free and fair state owned media.

[JanMichael]

3. Which would you prefer? One that there was democratic control over?

Or one where some fuckwit from Australia makes all of the decisions?

[rinsd]

5. Where is the democratic control?

Is there an elected oversight board?

A government will the power to close down a media outlet if it violates its rules is a good thing?

Sorry, I just don't see these as good things. Yes, I know the previous media was a problem but this is quite a draconian solution. Shit I thought our FCC was nuts after the Janet.

Chavez sounds like fucking Bush...."Chavez denied Miro Quesada's statements, saying that IAPA officials were "lackeys of the imperialism who want to destroy our people."

So the government now has the power to quash any message it doesn;t like.....that;s a fucking dictatorship any way you slice it.

And yet people will applaud this? Fuck all dictators not just ones on the other side.

[Name removed]

11. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Judi Lynn]

15. Would you explain what is meant by "We LIKEY Leftist DICTATORS!"

Are you doing an impression of a Chinese dialect with "LIKEY?" Why don't you clear this up.

Would you provide material explaining how Hugo Chavez is actually a dictator. It would be good to launch your comments from a firm foundation.

[Bono71]

17. It's hyperbole, figure it out yourself.

[tx_dem41]

30. Yes, sadly I can now provide material that Chavez is a dictator....

read the original post.

[Bono71]

32. No kidding, its right there in black and white.

[Mike Daniels]

207. Censorship and penalties for images of sexual content

"The new law establishes strict rules regarding violence and sexual content, and allows the government to impose huge fines or close down stations that break the rules."
--------------------------------------------
Damn, didn't we get into a hissy fit over the FCC cracking down on CBS for Janet but it's O.K. if another country does it?

[GHOSTDANCER]

203. Tell me how his restrictions are any different from those of the FCC?

Or shall we go into the difference of setting up an entire television station in the middle east, run from within america to combat opposing views that al-jazeera broadcasts? You want to talk about dictatorship?

[LeighAnn]

260. Hugo Chavez is a Hero

I don't blame him for what he's doing.
I wouldn't want him doing it here in the U S OF A, though.
He's gotta fight Bu$h now. Give him some leeway.

[AP]

262. Anything in particular you wouldn't like him doing in the US?

If you read through that statute above, I don't see anything in it that wouldn't help in the US.

It's pretty mild.

[private_ryan]

269. hero to who?

not comparing, but Bin Laden and Bush are both heroes to certain people to. Calling someone a hero doesn't say or mean much.

[ElectroPrincess]

48. Yes, but the * administration LOVES Middle Eastern Dictators

Who are "with us" in this inane WAR against ... what is it? <thinking> oh yes! The War Against Terror. Fortunately for the Neo-cons A TERRORIST (or Evil) NATION is one that promotes a foreign policy that contradicts and/or not is in active support of the * Administration's foreign policy initiatives.

Guess it all balances out in the end, eh?

[rinsd]

20. True but your comments are unnecessary flame bait (nt)

[Bono71]

21. Good point.

[private_ryan]

162. what if the world was perfect and everything worked

just as it looks in the books? What if we just got along? Keep dreaming pal. Some things just don't work! I rather have a fuckwit from Australia make decisons on what he can do with his network than have Bush (or Kerry for that matter) make decisions on what he'll do with all the networks. By the way, Murdoch makes no decisions in North Korea or Cuba.

[Minstrel Boy]

4. regulated media

remember the "fairness doctrine"?

[rinsd]

6. Where is the fairness doctrine?

I see only a mention of the ability of government to heavily fine and shut down media outlets that don't follow the rules.

I would love a fairness doctrine but this doesn't seem to be it. This seems to be the FCC on steroids.

[Minstrel Boy]

7. Have you seen examples of Venezuela's private media?

It's FoxNews on steroids.

Chavez continues to govern with restraint.

[Bono71]

9. Restraint? How about starting a separate station, rather than taking

control, and censorship of ALL media???

This would never fly in the US or Western Europe.

[Minstrel Boy]

12. There is a public broadcaster.

The private media were facilitators of the coup.

This isn't taking control, this is setting boundaries.

[Bono71]

14. Keep dreaming.

[phasev]

36. You obviously don't know anything..

about Venezuelan politics and how the private media has been trying to oust Chavez using false propaganda (a-la Fox News only 1000 times worse)

This law doesn't give the state full control of the media. It only gives them legislative powers so that what happened in 2002 won't happen again.

In any case, would you rather have a US puppet government in Venezuela than one that was actually elected?

[Bono71]

40. No, I'd rather have a government that doesn't try to censor

the news. Get real, this is not a good thing.

[aikido15]

212. I agree...

Not a good thing...how is it only political if they are covering images of NEWS with white spaces...censorship, pure and simple.

[tx_dem41]

41. To test where you stand on this issue.....would you want the US Govt.

to be able to control Fox News?

[ElectroPrincess]

54. No, I'm so much happier having some wealthy RW nut cases manage

large corporate news organizations like FOX, The New York Post (Murdoch) and The Washington Times (Moon).

Yes, the propaganda that is spewed daily from these authoritarian supporters of KKKarl Rove and the * Administration cronies is the best thing to happen in the good ole' USA.

/sarcasm off

[tx_dem41]

59. Well, sarcasm aside, you don't believe in free government.

Based on your post. Free government never guarantees fairness in the area of press/media.

[Minstrel Boy]

91. I'd say you don't believe in effective government

if you don't believe corporate media should be held accountable.

[tx_dem41]

93. I guess it depends on what you mean by "held accountable".

Anti-trust is one area that I believe in Goverment regulation of the media.

[tx_dem41]

94. Well, they do say Mussolini made the trains run on time.

Is Godwin's Law invoked if you bring up Mussolini? ;-)

[ursacorwin]

150. but what about the beeb?

or the russian news situation? china? germany? do you think that there isn't some degree of gov't oversight in most 'free' societies? seriously, a totally free press is still a dream, which is why we're seeing gov'ts from here to china shutting down the unregulated internet.

all gov'ts exert some control over their medias. it's a question of how, how much, and by what means. if chavez, elected four times by his own people, believes severe measures are needed then who are we to dispute this? i'm so tired of americans thinking we should establish our (very hypocritical) standards on every other nation on earth. we're rapidly approaching a time in this country when we will have to take drastic action to correct our propagandists. like marching in the street action. be happy that chavez has found a legal way to do so.

[tinanator]

272. it already flew

may I suggest studying history of US media deregulation? Pretty much a mirror image of what Chavez needs to achieve and we should be attempting to overturn as priority number one through our support of the Democratic Party and democracy.

[rinsd]

23. So to counter this, the government is granted great control?

This is insanity.

Sure it's great if you're a Chavez supporter. Now he can crush any criticism whether said criticism is false or otherwise.

I would take Fox News on steroids over the FCC on steroids any day.

This is about taking control of the media through government action, not something high my list of noble attributes of government.

This isn't the fairness doctrine, this is a license to censor.

[Bono71]

31. Exactly...what if someone with PROGRESSIVE ideas wants

to run against Chavez...according to this, Chavez has control over what the stations report about the challenger.]

Not good!

[ElectroPrincess]

61. Right, the GOOD thing to do would allow the * Administration

to succeed in a CIA backed coup so they could emplace THEIR OWN dictatorship in the country.

[Bono71]

97. Where was that written in my post?

[Bono71]

13. Lol...notice all transmissions must be in Spanish...wouldn't

want any of those damned news reports in the US or Canada to broadcast something the Chavez government doesn't agree with.

[nothingshocksmeanymore]

258. This law is no different than FCC regulations..it doesn't BAR dissent but

requires that stations DISTINGUISH between NEWS and OPINION which USED to be required in America and IMHO produced far greater results. I don't really see where anything in the laws cited in the articles is the least bit silencing..it allows for coverage of violence but bars the press from playing it over and over and over.

Frankly, I don't really see where this law is at all antithetical to a free and fair society...hell...it's probably LESS restrictive than the FCC in it's current form..we all see how an open market for media control is HARDLY resulting in democracy in America.

[Bono71]

8. I am sorry, but this is not a good thing

[EC]

10. Wow, look at the way

they frame it to appear the media will be free. What is the difference if the government already owned the private businesses that owned the media?

[Demeter]

16. We Could Do Worse Than Chavez in Venezuela

In fact, we HAVE done worse. With examples of true democratic principles in action in the Ukraine and Venezuela, I am willing to convert my entire wardrobe and car to orange if it will get the lead out of the American Democrats at least, and the entire US populace eventually.

The Founding Fathers believed that the whole point of having a government was to protect the People--All the people, not just the rich. To that end, the Constitution is filled with stumbling blocks to the accumulation of wealth, power and privilege beyond that needed for health and happiness. For 200 years this worked, and then a movement arose that aimed to rip it all out and turn the US into something it never was meant to be (and never was, except in the South, or in the pre-union Industrial days of the late 19th century): de facto and de jure slavery: a feudal society.

This 3rd Wave of fascist feudalism is crashing upon us, aided by that most feudal of entities: the eternal, unfettered Corporate fiction that allows a stock company the rights of a citizen without requiring any of a citizen's obligations.

There is so much broken by this drive to feudalism: many delicate mechanisms and hair-trigger balances and gently nurtured new ideas are smashed every day, along with the larger population groups, the environment, the armed forces and the economy. We must resist, overcome, and then, once we have re-established the rule of the people, by the people and for the people, we must build a more stable and sturdy structure, so that a 4th Wave doesn't come along and sink our ship of state for good.

[Bono71]

19. You need to reread the Constitution...

"the Constitution is filled with stumbling blocks to the accumulation of wealth, power and privilege beyond that needed for health and happiness. "

Hello!!!??? 3/5ths compromise mean anything to you? Ability to help facilitate interstate commerce? Ability to have the freedom of contract? While we're at it, what about THE FREEDOM OF THE PRESS?????

DO YOU REALLY THINK THE FRAMERS OF THE CONSTITUTION WOULD LIKE STATE OWNED MEDIA???? WAKE UP!!!

[Minstrel Boy]

24. Geez, step out of your hyperbolic chamber, why doncha?

FREEDOM OF THE PRESS?????
Freedom from the dictatorship of capital.

STATE OWNED MEDIA????
State regulation, not ownership.

WAKE UP!!!
Yawn.

[Bono71]

29. That isn't hyperbole...if you want to debate the constitution,

what it means, and what the framers thought about certain passages, bring it on, I am an attorney and clerked for the ACLU right out of law school.

By the way, my friends at the ACLU would not like this (what Chavez has done) one bit.

[bemildred]

18. Sort of like the FCC here. nt

[Tempest]

22. Considering the extreme hostility against Chavez

And the support for the coup from the media there, this is a legitimate response.


I'm sure no one here would object if the U.S. media did the same thing against Clinton.

The U.S. media went easy on Clinton compared to what happened with Chavez. They were accusing Chavez of personally murdering his opponents.

[Bono71]

26. But look what they did...rather than tightening libel laws,

they took full CONTROL over the media. I can't stand fox news, but I would feel outrage if the government shut it down. It should be up to the people to make the decision of the validity of reports.

Chavez could simply start a state owned company rather than taking over the whole process.

It is amazing to me that people on a Democrat site would feel this is legitimate.

[Tempest]

219. You're amazed at dissenting opinions on a Democrat site?

Fancy that, we don't walk in lockstep.

Are you sure you belong here?

[Darranar]

231. Did you read the article?

It never once said that they took full control of the media, they merely limited obscene or gruesome broadcasts.

The US has similar laws.

[Imperialism Inc.]

263. It seems he is just making stuff up at this point.

The National Communications Council (Conatel) is the name of the new agency. Very much like the FCC.

[tx_dem41]

33. This is in NO way a legitimate response!

And I would have objected VEHEMENTLY if Clinton had done this (if that's what you were stating....kind of confused with your wording).

[Tempest]

218. Clinton wouldn't have had to take such action

The FCC would have shut down or fined the company.

There is no FCC equivalent in Venezuela.

[Judi Lynn]

25. Don't know if you read about this "government take-over" of a tv station

Two Venezuelan Mayors
Press Freedom, Soft Drinks, and Democracy in the Andes

by Justin Podur; ZNet Venezuela Watch; August 03, 2003

A recent Human Rights Watch report, which was harshly criticized by supporters of Venezuela's 'Bolivarian Revolution', said that "there are few obvious limits on free expression in Venezuela. The country's print and audiovisual media operate without restrictions." Two months after the report was published, on July 14, one of the country's audiovisual media outlets came up against a rather serious restriction-it was shut down and its equipment confiscated. The outlet in question is called CatiaTV, but it was not shut down by the Chavez government but by the mayor of Caracas, Alfredo Pena, who is an opponent of Chavez.

CatiaTV was an experiment in genuine community television. It was started by a group of people in Catia, a vast and extremely poor borough of Caracas, who thought to film one of the community's events to show it to the community. It gave poor people the opportunity to make their own programs, about themselves, for themselves. In April 2002, when the coup against the Chavez government took place, workers in CatiaTV were instrumental in helping to get the state television channel, Channel 8, back online, breaking the monopoly of misinformation of the private television networks and facilitating the reversal of the coup.

Reporters Without Borders (which did protest against the closing of CatiaTV), demonstrating a disappointing lack of understanding of the Venezuelan media situation, said that reporters there were "caught between an authoritarian president and an intolerant media." The private networks are advocates of a coup, call supporters of Chavez 'monkeys', and distort information to a remarkable degree. But the people can't rely solely on the state media. This is exactly what makes community media like CatiaTV so important. It is also why Alfredo Pena shut it down.
(snip/...)

http://www.zmag.org/content/print_article.cfm?itemID=3993§ionID=45 ~~~~~~~~~~~~~~~~~~~~~~~~

HOW HATE MEDIA INCITED THE COUP AGAINST THE PRESIDENT
Venezuela’s press power

Never even in Latin American history has the media been so directly involved in a political coup. Venezuela’s ’hate media’ controls 95% of the airwaves and has a near-monopoly over newsprint, and it played a major part in the failed attempt to overthrow the president, Hugo Chávez, in April. Although tensions in the country could easily spill into civil war, the media is still directly encouraging dissident elements to overthrow the democratically elected president - if necessary by force.

By Maurice Lemoine

"We had a deadly weapon: the media. And now that I have the opportunity, let me congratulate you." In Caracas, on 11 April 2002, just a few hours before the temporary overthrow of Venezuela’s president, Hugo Chávez, Vice-Admiral Victor Ramírez Pérez congratulated journalist Ibéyiste Pacheco live on Venevision television. Twenty minutes earlier, when Pacheco had begun to interview a group of rebel officers, she could not resist admitting, conspiratorially, that she had long had a special relationship with them.

At the same time, in a live interview from Madrid, another journalist, Patricia Poleo, also seemed well informed about the likely future development of "spontaneous events". She announced on the Spanish channel TVE: "I believe the next president is going to be Pedro Carmona." Chávez, holed up in the presidential palace, was still refusing to step down.
(snip/...)

http://mondediplo.com/2002/08/10venezuela

[rinsd]

67. So if that is a bad thing(and I agree it is)....

....why is this law good? Because its now all nice and legal? Because it will be Chavez's govenrment wielding the power?

[tx_dem41]

73. Why do two wrongs make a right in your world? n/t

[Judi Lynn]

79. I'm seeing one wrong here, and it's on the part of the nasty oligarchy.n/t

[tx_dem41]

82. Well, no point in discussing further.

Have a great day.

[tx_dem41]

27. Even taking into account the media's role in 2002, this is a sad day. n/t

[AP]

28. Is this bill only about sex and bad words, or what?

The new regulations define five levels of violence and sex and three levels of clean and dirty words. It prohibits even moderate levels of violence and sex from being shown during 'children friendly' hours and establishes a 'watershed' for adult material.


Despite government assurances to the contrary, opposition deputy Gerardo Blyde says the new law will make some newscasts illegal.  He says "if an event similar to the 9/11 attacks in New York happened again ... under these rules,  television stations would only be able to tell you it's happening and would be banned from showing any images at all." The government has rejected Blyde's comments as completely ridiculous adding that news broadcasts will never be subject to prior censorship.  Blyde counters saying that early versions of the bill had called for news reporters to be sent to jail if they make false statements—although, even those provisions have been removed from the final bill, opening the gateway for opposition media lies to be broadcast without let or hindrance under the guise of 'news.'


Media companies can indeed receive massive fines for breaking rules which include a requirement that seven hours of television programs per day must be nationally produced. Blyde says it will hurt TV companies' profits since advertisers will leave. "Chavez and his (social) revolution are trying to break the backs of the big media companies."


The Organization of American States (OAS) and Human Rights Watch (HRW) have issued strongly worded prepared statements similar to those of Venezuelan opposition complaints that the bill has "ambiguous language that leaves room for wide interpretations." But the Interior & Justice Ministry (MIJ) has responded with a statement saying that the OAS and HRW are again sticking their noses into Venezuela's domestic-political affairs without any understanding of what is actually going on in Venezuela.

http://www.venezuelanalysis.com/news.php?newsno=1426

[Judi Lynn]

34. It's absolutely laughable! My God. They would stop at nothing!

Thanks for this article. It's completely similar to everything else these grotesque people have already done.

The opening paragraphs are priceless:

This past Wednesday, Venezuela's National Assembly (AN) finally passed a bill that lays down strict guidelines for broadcast sex and violence on radio and television, with massive fines and even the closure of media organizations that flout regulations. The law applies norms that are generally acceptable elsewhere in most other countries.

Nevertheless, opposition leaders are claiming that the new bill will strangle press freedoms and that it will inevitably be used to silence criticism of President Hugo Chavez Frias reform government.
(snip)

So they will be destroyed if they are compelled to comply with "norms that are generally acceptable elsewhere in most other countries," as it may drive off some of their sponsors, thereby putting them out of bidness. O my God.

[Bono71]

38. Human Rights watch has a big problem...

International organizations including the Inter American Commission on Human Rights, the Inter-American Press Association and New York-based Human Rights Watch have voiced concerns.

IAPA President Alejandro Miro Quesada said Monday during a visit to Caracas that rules banning "psychological" or physical violence between 7 a.m. to 11 p.m. were "traps" aimed to "muzzle informational content."

[rinsd]

39. Who runs Venezuela Analysis again?

What did you think they would say...:eyes:

[AP]

44. ...and who are the fascists who run the media criticizing every little...

...thing Venezuela does which interferes with their ability to make the world work only for them?

[tx_dem41]

49. So I assume you would be for very strict control of US Media....

if you had control of Government and Fox was doing there usual thing?

[AP]

53. Is it an infringement of the freedom of the press to prevent the...

...broadcast of images of women in states of undress?

(paraphrasing Billy Bragg)

[tx_dem41]

57. Any "limitation" is an "infringement"...

Granted, I am playing semantics. But, I would rather let the free market take over in your example.

[Solon]

64. Over public airways?

Free Market, where is the free market? I want to see an example of a free market ANYWHERE in the world, give me an example, please. *HINT*, there is no such thing as a "free market", talk about urban myth.

[tx_dem41]

65. I would agree that there is no example. But, I'm an idealist.....

Maybe someone should try.

[Solon]

72. Probably the closest I can think of is the Hearst/Pulitzer years....

"Remember the Maine, to Hell with Spain", boy did that turn out well!
(Sarcasm)

[tx_dem41]

74. In another post, I amended my stance slightly when dealing...

with anti-trust issues. To stop the Spanish-American war (re: Maine)I assume the Government would have had to censor. You would have been for that?

[Solon]

86. Actually the Government would have only made sure that...

ONE person didn't own half the media(newspapers) at the time, and it would have lessened the impact quite a bit. Talk about an echo effect.

[tx_dem41]

88. Well, as I stated my stance on anti-trust, we actually AGREE on this!

:-)

[Solon]

78. Another reason why your idealism is misplaced....

Back during the "Free Market" days of the Robber Barons(it wasn't so much a free market, just the illusion of one, subsidized a lot of shit like railroads and telephones back then), of the late 19th, early 20th century, we had, lets see, child labor, labor disputes, with military support, can't forget that, and of course, monopolies. Hell some of the FIRST regulations on these industries were instigated by a NOVEL for crying out loud, written by, of all people, a SOCIALIST, if you don't know what I'm talking about, read "The Jungle" by Upton Sinclair. It led to good ole Teddy to regulate the meat packing industry, such a terrible practice, don't ya think? You know, actually making sure the meat is safe and workers are treated fairly, I mean that's terrible, isn't it?

[tx_dem41]

83. I'm sorry, but point out where I said anything about "Free Market" in ...

...industries outside of the media? I must have missed that post.

And, in the area of the media, I was just addressing "content".

[Solon]

87. In that case, I would apologize...

I was mistaking you for a "free marketeer" aka a Libertarian, though I will say that even in the context I put forth, regulation, therefore limitation, would be needed, on bands at the very least. I would hate to live in an area with 3 or 4 channel fives trying to broadcast at the same time. Imagine the interference!

[tx_dem41]

90. Agreed!

and apology accepted.

[Imperialism Inc.]

266. I guess so!

You want public demand to determine what is the truth and what isn't?
By the way , how do you force broadcasters to go against their own sself interest? I got news for you , the market just isn't that strong. If given the choice between telling the truth to the consumer and saving their own hide broadcasters will opt for the latter every time. Of course, none of this has one thing to do with this new law. But since we are getting sidetracked might as well go all the way.

[tx_dem41]

270. Yes, I do want public demand to be the ultimate arbiter.

I don't see what's so wrong about that! Who do you want the ultimate arbiter of the truth to be?

I do agree that this has become sidetracked. I am really reacting to others' posts and not really to the original post.

[AP]

75. No country in the world I know of doesn't limit sex and language...

...on TV...and I don't think it has threatened Democracy.

In fact, requiring domestic content and reserving time for public service messages enhances democracy.

[rinsd]

62. Hmmmm.....

Did you support the FCC fining CBS for boobie-gate?

[tx_dem41]

68. I know the question wasn't addressed to me, but...

no I wasn't. At the same time, CBS (and ABC in the more recent instance) should have been criticized by PRIVATE citizens for lack of judgment. BUT, no government involvement.

[AP]

77. Puratinism or not, I don't think they're threatening democracy if they do.

They're only threatening CBS's and the NFL's efforts to get high rations through sensationalism.

I think the FCC is just fining people in order to encourage a marketplace for cable TV and satellite radio, by the way.

I thnk VZ is doing what they're doing to stop sensationalism in the medi (viz the sex and language) and to encoruage democracy (via domestic content rules and government time).

[rinsd]

84. I was just curious....

"They're only threatening CBS's and the NFL's efforts to get high rations through sensationalism."

True but I don't think that's a government's job.

"I think the FCC is just fining people in order to encourage a marketplace for cable TV and satellite radio, by the way"

Maybe but they're also making noise about extending their power to those venues.

"I thnk VZ is doing what they're doing to stop sensationalism in the medi (viz the sex and language) and to encoruage democracy (via domestic content rules and government time)."

CSPAN for Venezuela & domestic produced programming, I don't really have an issue with. Content control gets a little fuzzy and the rules tend to be interpreted in diffirent ways(see our own FCC)

[tx_dem41]

85. Well...now you lost me again.

For one, I believe in a slippery slope. If they can fine for JJ's breast, they can fine for viewpoint.

And, if the FCC is fining for the reason you surmise, how could you be for it? In other words, there is only money behind it. How do you feel about recent forays into the RW'ers wanting to regulated SAT Radio and Cable?

[rinsd]

89. Two words...Howard Stern

Stern's been doing the same schtick for years.

He gets critical of Bush and all of a sudden under a post boobie gate FCC, Howard is indecent and fined severely, then threatened with even more fines. One government lackey media org drops him and his employer decides it won't go to bat for him this time.

That's shitty and this law seems(from the description on both the AP and VA articles) to have similar issues.

[Solon]

55. Actually...

enforcing anti-trust laws in this country against the Media Giants wouldn't be a bad idea.

[tx_dem41]

63. I'll acknowledge that on the trust issue, I am for some regulation...

...of the media.

[toopers]

170. But the anti-trust laws don't apply to the message . . .

they apply to the business which in turn protects the message. BTW, I agree, there should be as little interruption of the media through government as possible. What is bothering me most about what is happening with this law in VZ is not the limiting of specific content, but the requirement of content - specifically government controlled/created programming.

[tx_dem41]

175. Definitely agree with the point you are making about required content. n/t

[rinsd]

70. That I agree with....

...but this doesn't do that.

[Judi Lynn]

47. Why not speak directly. I have no idea what you're implying.

Here's the "about us" from Venezuelan analysis:

Venezuelanalysis.com is an editorially independent website produced by individuals who are dedicated to disseminating news and analysis about the current political situation in Venezuela.

Web server services and bandwith is donated by Aporrea.org, a larger site maintained by grassroots groups in Venezuela. Other expenses are covered by Venezuelanalysis' main volunteers and by donations from our readers.

The site's aim is to provide on-going news about developments in Venezuela, as well as to contextualize this news with in-depth analysis and background information. The site is targeted towards academics, journalists, intellectuals, investors, government officials from different countries, and the general public.

While the site publishes opinion articles, it also aims for accuracy in the news and facts presented in all articles. Our goal is to become the primary resource for information and analysis on Venezuela in the English language.

Its principal members are:

• Gregory Wilpert
  
• Jonah Gindin
  
• Robin Nieto
  
• Sarah Wagner
  
• Eva Golinger
  
• Cleto Sojo
  
• David Cabrera
  
• Josefina Urbina

I have heard of Eva Golinger, who lives in New York, and Gregory Wilpert who is a widely respected liberal writer. What's your grievance against these people?

On edit:

Did a look for Gregory Wilpert and Venezuela in google, and found this totally "clean" report. I'd be hard-pressed to see any bias:

http://www.counterpunch.org/wilpert09232003.html

[rinsd]

56. LOL...

You're kidding right.

It's fine that VA supports Chavez. I don't have a gripe with the writer but to claim no bias is kind of silly.

I'm not going to look to VA to critique things Chavez does. That's like looking for Bush critiques on Fox news...a rarity.

[Judi Lynn]

66. "If it's not broke don't fix it." Why should Venezuelan Analysis

go after him? Do you read that site enough to know if they have ever criticized him?

I was speaking of Gregory Wilpert and the exact article I linked. I don't know much about any of them.

My post stands. The article was clean.

[rinsd]

80. Which article?

The one about this media law or the one you linked to on counter punch?

"Do you read that site enough to know if they have ever criticized him?"

They're one of the main sources used here on DU on any Venezuelan issue, so I have read them quite a bit. In my opinion, they are a Chavez cheerleading section. I don't have a problem with that. I just wouldn't look to them for Chavez critiques.

"Why should VA go after him?"

Thay have no reason to. They agree with him that the consolidation of power of his government is essential to protect the people. Not all that different from Fox News, it just happens to be that they are on a different side of the aisle.

[rinsd]

42. Fun statements....

"The law applies norms that are generally acceptable elsewhere in most other countries"

Which countries severely regulate their media's content for sex and violence? Which require one language broadcast? Europe? Asia? The US certainly does and I thought the FCC was a bunch of control freaks. I know Canada requires Canadian content to be broadcast. But what are the norms?

"The government has rejected Blyde's comments as completely ridiculous adding that news broadcasts will never be subject to prior censorship."

Gee sounds like the FCC with the recent showing of Private Ryan...We will not censor prior to broadcast but you may pay a penalty....intimidation anyone?

"The new regulations define five levels of violence and sex and three levels of clean and dirty words. It prohibits even moderate levels of violence and sex from being shown during 'children friendly' hours and establishes a 'watershed' for adult material."

Please think of the children!



"But the Interior & Justice Ministry (MIJ) has responded with a statement saying that the OAS and HRW are again sticking their noses into Venezuela's domestic-political affairs without any understanding of what is actually going on in Venezuela."

Damn those Human Rights groups and International Institutions!

[AP]

45. The UK has a watershed & requires broadcasters to air gov't messages.

Canada has a content requirement for Canadian-produced television.

[rinsd]

60. You must have posted this as I was editing....

I did make note of Canada's laws.

Is the Venezuelan watershed similar to the UK? Are the laws(which seem strict) restricting violence and sex the norm of most countries?

You were kind enough to post the law but unfortunately I cannot read Spanish. I'm not confident in the abilities of babble fish either. If you can read Spanish and summarize I will trust your take.

[rinsd]

35. That's the problem....it seems rather ambiguous....

I would support a fairness doctrine but the biggest things this bill seems to be is the granting of greater government power in fines and the ability to close media outlets.

I'm not to crazy about the content requirements either but then again I'm no fan of our own FCC!

[AP]

46. Why don't we look at the text of the law then.

www.venpres.gov.ve

http://www.venpres.gov.ve/Ley%20Resorte/ley1.htm

[rinsd]

50. Thanks but I can't read Spanish.

Also it seems like your first link is not working.

[AP]

204. Translation of the law here. Go Nuts:

http://translate.google.com/translate?u=http%3A%2F%2Fwww.venpres.gov.ve%2F&langpair=es%7Cen&hl=en&ie=UTF-8&oe=UTF-8&prev=%2Flanguage_tools

THE NATIONAL ASSEMBLY


OF REPUBLIC BOLIVARIANA OF VENEZUELA


IT DECREES


the following one,


Law of Social Responsibility in Radio and Television


Chapter I


General Dispositions


Object and scope of application of the law


Article 1 . This Law intends to establish, in the diffusion and reception of messages, the social responsibility of the lenders of the services of radio and television, the independent advertisers, national producers and the users and users, to foment the democratic balance between its duties, rights and interests to the aims to promote social justice and to contribute with the formation of the citizenship, the democracy, La Paz, the human rights, the culture, the education, the health and the social and economic development of the Nation, in accordance with the norms and constitutional principles of the legislation for the integral protection of the children, children and adolescents, the culture, the education, the social security, the free competition and the Statutory law of Telecommunications.


The dispositions of the present Law are applied to all image or sound whose diffusion and reception take place within the territory of the Bolivariana Republic of Venezuela, and radio or television is made through the services of following deprived public or:


1. Services of radio: sonorous broadcasting in modulated amplitude (A.M.), sonorous broadcasting in modulated frequency (FM), sonorous broadcasting by short wave, communitarian sonorous broadcasting on watch public, without aims of profit, and services of audio national production, spread through a service of diffusion by subscription.


2.   Services of television: UHF television, VHF television, communitarian television on watch public, without aims of profit, and services of audio-visual national production, spread through a service of diffusion by subscription.


3. Services of diffusion by subscription.


Subjects to this Law have left other modalities of services of audio-visual and sonorous diffusion that arise as a result of the development of the telecommunications through the legal instruments that are considered pertinent.

[rinsd]

213. Thanks your work is appreciated. (nt)

[tx_dem41]

271. Thanks, AP! Stellar job and much appreciated. n/t

[AP]

208. Interest, public order and principles of application and interpretation

Article 2. The radioelectric phantom is a public property; the matter regulated in this Law is of public interest and their dispositions are of public order.

The interpretation and application of this Law will be subject, without damage of the other constitutional principles to the following principles: free expression of ideas, opinions and thoughts, free and plural communication, prohibition of previous censorship, later responsibility, democratization, participation, solidarity and social responsibility, sovereignty, security of the Nation and it frees competition.

In the legal relation of the lenders of services of radio and television and diffusion by subscription, with the users and users:

1. When two or more dispositions or laws regulate a same situation related to the matter object of this Law, that will be applied that more favors to the users and users.

2. When on a same norm, referred to the matter object of this Law, two arise or more interpretations, the interpretation will take refuge that more favors to the users and users of the services of radio and television.

In any case in the interpretation and application of the present Law, it will be taken care of its character of public order preferredly.

[AP]

209. General missions

Article 3. The general missions of this Law are:


1. To guarantee that the families and the people in general tell on the legal mechanisms that they allow to develop in suitable form the roll and the social responsibility them that corresponds like users and users to them, in collaboration with the lenders of services of spreading and with the State.


2. To guarantee the respect to the freedom of expression and information, without censorship, within the own limits of a Democratic and Social State of Right and Justice and with the responsibilities that the exercise of this freedom carries, conforms to the Constitution of the Bolivariana Republic of Venezuela, the international treaties ratified by the Republic in the matter of human rights and the law.


3. To promote the effective exercise and respect of the human rights, in truthful and impartial individual, those that concern the protection of the honor, deprived life, privacy, own image, confidentiality and reputation and to the access to an opportune information, without censorship.


4. To try the information dissemination and materials directed to the children, children and adolescents who are of social and cultural interest, directed to the progressive and total development of their personality, aptitudes and mental and physical capacity, the respect to the human rights, their parents, their cultural identity, the one of the civilizations different from hers, to assume a responsible life in freedom, and to form of suitable way conscience of human and social understanding, peace, tolerance, equality of sexes and friendship between the ethnic towns, groups, and people of indigenous origin and, in general, which they contribute to the formation of the social conscience of the children, children, adolescents and their families.


5. To promote the independent diffusion of national productions and national productions and to foment the development of the national audio-visual industry.


6. To promote the balance between the duties, rights and interests of the people, the lenders of services of spreading and related his.


7. To try the diffusion of the values of the Venezuelan culture in all its scopes and expressions.


8. To try the facilities so that the people with auditory discapacidad can enjoy in greater degree of the diffusion of messages.


9. To promote the active and protagónica participation of the citizenship to make be worth its rights and contribute to the profit of the objectives consecrated in the present Law.

[AP]

215. Audio National anthem and,, language language identification intensity

Article 4. The messages that spread through the services of radio and television will be in Castilian language, except for:

1. When one is recreational or sport live and direct, cultural and educative, informative programs, of opinion, and compounds that are in foreign languages and uses the oral simultaneous translation to the Castilian.

2. When one is musical works.

3. When one is terms of universal use that do not admit translation by their technical character, scientific, artistic, among others.

4. When trade names are mentioned.

5. In any other authorized case by the National Commission of Telecommunications, in accordance with the law.

In the case of the messages spread through the services of radio and television, specially directed to the towns and indigenous communities, also they will be of official use the indigenous languages.

The messages that are spread through the services of television, with exception of the communitarian services of television on watch public without profit aims, will have to present/display subtitles, necessary translation to the language of Venezuelan sign or other measures that they guarantee the integration of people with auditory discapacidad, making special emphasis in the cultural and educative and informative programs.

The lenders of services of radio will identify during the diffusion of their programming announcing the frequency and the commercial name of the station, at least every thirty minutes. The lenders of services of television will place logotipo that identifies them in an edge of the screen, having to stay during the totality of the time of diffusion of the programs and the promotions.

The lenders of services of communitarian radio and television on watch public without profit aims, additionally will have to announce their communitarian character.

The lenders of services of diffusion by subscription, at least, must fulfill this disposition in the informative channel.

The programs, publicity, propaganda and promotions, will at any moment conserve the same level of intensity of audio, established by the norms that to the effect dictate the National Commission of Telecommunications.

The lenders of services of radio and television must spread in the beginning and closes of their daily programming, the music and letter of the National anthem, mentioning the authors of the letter and music. In case of having a programming during the twenty-four hours of the day, they will have to spread it to six the antemeridian one and twelve the postmeridian one. During the dates mother countries, additionally, they will have to spread it to twelve meridian. The lenders of services of diffusion by subscription will fulfill this disposition, at least, in the informative channel.

In the case of the lenders of services of radio and television located in the terrestrial border areas, insulares and marine, they will have to spread the National anthem, at least, three times to the day.

[AP]

217. Types of programs

Article 5.
To the effects of the present Law defines the following types of programs:

1. Cultural and educative program: that directed to the integral formation of the users and users in the highest values of the cultural humanismo, the diversity, protagónica ace well ace in the principles of the participation of the citizen in the society and the State, to the aims to make possible among to other aspects:

a) Social, political Its incorporation and participation in economic, and cultural the development of the Nation.

b) the promotion, defense and progressive development of the human rights, guarantees and duties, the public health, the ethics, La Paz and the tolerance.

c) the preservation, conservation, sustainable defense, improvement and maintenance of the atmosphere to promote the development of the habitat, in its benefit and of the present and future generations.

d) the development of sciences, the arts, the offices, the professions, the technologies and to other manifestations of the human knowledge in cooperation with the educative system.

e) The fortification of the identity, sovereignty and security of the Nation.

f) the critical education appropriately to receive, to look for, to uses and to select the information adapted for the human development emitted by the services of radio and television.

2, Informative program: when to information on people or local events spreads, national and international of impartial, truthful and opportune way.

3, Program of opinion: directed to present thoughts, ideas, opinions, criteria or judgments of value on public or deprived people, institutions, local, national and international subjects or events.

4, Recreational or sport program: directed to the recreation, entertainment and the relaxation of the users and users, and it does not classify like program of cultural and educative, informative type or of opinion.

5, Mixed program: the one that combines anyone of the types of programs previously enumerated.

[Judi Lynn]

225. Thanks for taking the time to do this. How restrictive, how narrow, eh?

Why their very life's blood is being squeezed outta them....

Obviously there's a poster, or perhaps two, who could use some time simply reading and thinking at this point.

All that noise!



Never mind!

Refer them to these posts! It'll save everyone time!

[AP]

238. De nada. It's personally edifying. It's really an interesting commentary

on the balance between commerce and civic responsibility and the ideal role of the media in a functioning society.

[AP]

222. Article 6 (examples of kinds of sex and violence covered by law)

To the effects of this Law the following classified elements are defined: language, health, sex and violence.

1. They are language elements:

a) Type "A". Images or sounds of use common, that they can be been present at by children, children and adolescents without the direction of mothers, parents is required, representatives or people in charge, and whom they do not classify in types "B" and "C".

b) Type "B". Images or sounds that, in their common use, have a character soez.

c) Type "C". Images or sounds that, in their common use, have obscene character, which they constitute imprecaciones, that they describe, they represent or they allude, without explicit educative purpose, to sexual organs or practices or eschatological manifestations.

2. They are health elements:

a)    Type "A". Used images or sound for the information spreading, opinion or knowledge on the prevention, treatment or eradication of the consumption of alcohol, tobacco, narcotic or psicotrópicas substances, as well as of the compulsive practice of games of envite and chance and other addictive conducts that can be been present at by children, children and adolescents without the direction of mothers, parents is required, representatives or people in charge.

b)   Type "B". Images or sounds used for the information spreading, opinion or knowledge on the prevention, treatment or eradication of the consumption of alcohol, tobacco, narcotic or psicotrópicas substances, as well as of the compulsive practice of games of envite and chance and other addictive conducts, that of being been present at by children, children and adolescents require the direction of their mothers, parents, representatives or people in charge.

c)   Type "C". Images or sounds in the programs and promotions that talk about direct or indirectly: to the moderate consumption of alcohol or tobacco, without their injurious effects are expressed explicitly or have like purpose of eradicating the addictive conducts that produce; to the excessive consumption of spirits or tobacco, in which their injurious effects are expressed explicitly, to the compulsive practice to the games of envite and chance, in which their injurious effects are expressed explicitly, or to the consumption of narcotic or psicotrópicas substances, in which their injurious effects are expressed explicitly.

d)   Type "D". Images or sounds in the programs and promotions that direct or indirectly talk about to the excessive consumption of spirits or tobacco in which not explicitly express their injurious effects for the health; the compulsive practice of games of envite and chance talk about to, in which it explicitly does not express his injurious effects for the health; associate the consumption of spirits or tobacco with advantages in the economic position, the social condition or the exercise of the sexuality; associate the compulsive practice of games of envite and chance, with advantages in the economic position, the social condition or the exercise of the sexuality; associate the consumption of spirits or tobacco with an improvement in the physical or psychological yield; present/display in negative form the sobriety or the abstinence from spirits and tobacco; they talk about the consumption of narcotic or psicotrópicas substances, in which their injurious effects for the health are not expressed explicitly; associate the consumption of narcotic or psicotrópicas substances with advantages in the economic position, the social condition or the exercise of the sexuality; associate the consumption of narcotic or psicotrópicas substances with an improvement in the physical or psychological yield; or they present/display in negative form the abstinence from narcotic or psicotrópicas substances.

3. They are sex elements:

a)     Type "A". Images or sounds used for the information dissemination, opinion and knowledge on sexual and reproductive health, maternity, paternity, promotion of the maternal lactancia and artistic expressions with educative aims, that can be received by children, children and adolescents without the direction of mothers, parents is required, representatives or people in charge.

b)    Type "B". Images or sounds used for the information dissemination, opinion and knowledge on sexuality and human reproduction and of artistic expressions with educative aims, that of being received by children, children and adolescents, require the direction of their mothers, parents, representatives or people in charge.

c)    Type "C". Sexual images or implicit sounds without educative purpose; or manifestations or approaches of erótico character that do not include acts or explicit sexual practices.

d)    Type "D". Images or sounds on nakedness without educative purpose, in which not they allude or show organs genital, acts or practices sexual dramatized, in which are not the genital organs, explicit sexual messages, or dramatización of acts or sexual conducts that constitute punibles facts, in accordance with the law.

e)     Type "E". Images or sounds on sexual acts or real practices, dramatized nakedness without educative purpose in which are the genital organs, acts or sexual practices in which the genital organs are alluded to or shown, real or dramatized acts or sexual practices in which the right to the life is threatened or violated, the health and personal integrity or the human dignity, or sexual acts or real conducts are reduced that constitute punibles facts in accordance with the law.

4. They are violence elements:

a)     Type "A". Images or sounds used for the prevention or eradication of the violence, that can be been present at by children, children and adolescents without the direction of mothers, parents is required, representatives or people in charge, whenever the violent fact or its consequences in detailed or explicit form does not appear.

b)    Type "B". Images or sounds that present/display dramatized violence or its consequences of nonexplicit form.

c)    Type "C". Images or graphical descriptions used for the prevention or eradication of the violence, that of being received by children, children or adolescents, require the direction of their mothers, parents, representatives or people in charge, whenever they do not present/display images or graphical descriptions detailed or explicit of the violent fact or their consequences.

d)    Type "D". Graphical images or descriptions that present/display real violence or its consequences, of nonexplicit form, or dramatized violence or its consequences of explicit and not detailed form.

e)     Type "E". Graphical images or descriptions that present/display real or dramatized violence, or their consequences of explicit and detailed form, physical, psychological or verbal violence between the people who integrate a family against children, children and adolescents or against the woman, sexual violence, the violence like central subject or a resource of reiterated impact, or who present/display, promote, they make vindication or they urge the suicide or to injure to its own personal integrity or personal health.

[AP]

253. HRW: law is 'vague.' But they cite a provision I can't find.

"Under the guise of protecting children from crude language, sexual content, and violence, the proposed law would also subject adults to restrictive and puritanical viewing standards. Several of the norms are ill-defined and subjective, and stations that infringe them would be subject to tough penalties.  
 
"For example, a station that broadcasts material considered to be “an affront to the integral education of children or adolescents” could face a fine of between 0.5 and 1 percent of its gross income in the previous tax year, a penalty that would apply for failure to comply with other regulations under the law. A combination of ill-defined norms and onerous fines would encourage pervasive self-censorship."  

http://hrw.org/english/docs/2004/11/30/venezu9754.htm

I can't find anywhere in this law where the thing they describe is prohibited. It seems that the law is pretty specific about the acts that are prohibited.

[AP]

224. Article 7 (the schedule/watershed rules)

Chapter II
Of the diffusion of messages Types, blocks of schedules and restrictions by hour

Article 7. To the effects of this Law the following types and blocks of schedules settle down:

1.      Hour all user: he is that during which it will only be possible to be spread messages that can be received by all the users and users, including children, children and adolescents without supervision of their mothers, parents, representatives or people in charge. This schedule is included/understood between the seven antemeridian and seven the postmeridian one.

2.      Hour supervised: he is that during which it will be possible to be spread messages that, of being received by children, children and adolescents, they require of the supervision of his mothers, parents, representatives or people in charge. This schedule is included/understood between the five antemeridian and seven the antemeridian one and between the seven postmeridian and eleven the postmeridian one.

3.      Hour adult: he is that during which it will be possible to be spread messages that are directed exclusively for adult people, greater of eighteen years of age, which they would not have to be received by children, children and adolescents.

This schedule is included/understood between the eleven postmeridian and five the antemeridian one of the following day. In the services of radio or television, during the schedule all user, is not allowed the diffusion of: messages that contain language elements type "B" and "C", elements of health type "B", "Cs" and "D", elements sexual type "B", "C" and "D" nor elements of violence type "C", "D" and "E"; messages that attempt against the integral formation of the children, children and adolescents, messages with direction or advice of any Hindu to him that they urge the game of envite and chance, publicity of games of envite and chance or lotteries, unless one is beneficial raffles by reasons for humanitarian aid, product publicity and services of sexual character, except for those directed to promote the sexual and reproductive health.

In the schedule all user will be able to spread up to two hours of radionovelas or soap operas. In the services of radio or television, during the supervised schedule, the diffusion is not allowed of: messages that contain language elements type "C", sexual elements of health type "D", elements type "D" nor violence elements type "E".

In the supervised schedule radionovelas or soap operas will be able to spread up to two hours of. In the services of radio or television, during the schedules all supervised user and, is not allowed the diffusion of infocomerciales that exceed fifteen minutes of duration. In the services of radio or television the diffusion of messages is not allowed that contain sexual elements type "E".

In the services of radio or television the diffusion of sonorous messages is not allowed that use audio-visual techniques or that they prevent or they make difficult to the users or users to perceive them consciously. In the services of radio or television, when all user is messages spread live and direct during the schedules and supervised, graphical descriptions will be able to appear or images of real violence, if it is indispensable for the understanding of the information, the protection of the physical integrity of the people or as a result of unexpected situations, in which the lenders of services of radio or television cannot avoid their diffusion.

The graphical descriptions or images will have to adjust to the ethical principles of the media as far as the respect to the human dignity, as much of the users and users like of those people who are object of the information; use will not be able to be done of amarillistas techniques like deformation of the media that correctly affects the right of the users and users to be informed, in accordance with the corresponding legislation, and in no case they could be object of exacerbación, morboso treatment or emphasis on unnecessary details.

[AP]

226. Articles 8-9: limitations on commericals - time (15m/60m) & content

Times for publicity, propaganda and promotions

Article 8. In the services of radio and television the total time for the diffusion of publicity and propaganda, including those spread live, will not be able to exceed fifteen minutes by every sixty minutes of diffusion. This time will be able to be divided until a maximum of five fractions, except for when the pattern of interruptions of the service of radio or television of origin is adopted, in the live and direct broadcastings of foreign programs or when she is interruptions of sport events or spectacles of similar structure that by their nature and prescribed duration require a different pattern of interruption. The publicity by insertion will only be able to be made during the live diffusion and direct of recreational programs on sport events or spectacles, whenever it does not disturb the vision of such and it does not occupy more than one sixth part of the screen. When one is interruptions of recreational programs on sport events or spectacles that, by its nature and prescribed duration, they require a different pattern of interruption, the total time of publicity by insertion will not be able to exceed fifteen minutes by every sixty minutes of diffusion. In no case, the total time of the interruptions, including the promotions, will be able to exceed seventeen minutes. The total time for the diffusion of infocomerciales will not have to exceed the ten percent of the total of the daily programming, and it will not have to be interrupted to spread another publicity. Restrictions to the publicity and propaganda

Article 9.

By reasons for public health, public order and respect to the human person, do not allow in the services of radio and television, during any schedule, the diffusion of publicity on:

1, Cigarettes and derivatives of the tobacco.

2. Alcoholic drinks and other species anticipated in the legislation on the matter.

3, Narcotic or psicotrópicas substances prohibited by the law that governs the matter.

4, Professional served by people who do not have or fulfill the requirements or conditions demanded by the law.

5, Goods, services or activities whose diffusion has been prohibited or restricted, in temporary or permanent form, by reasons for public health or guarantee of the rights of the people, by the competent law or authorities, or have not been authorized, according to is the case.

6, Games of envite and chance that denigrate of the work like social fact and process fundamental to reach the aims of the State, or in which they participate young, young or adolescent, unless one is beneficial raffles by reason for humanitarian aid.

7, Goods or services directed to children, children and adolescents who show or use regulated elements of violence in this Law.

8.     related and similar Arms, explosives and goods or services.

The publicity of requests of bottoms with beneficial aims, either direct requests of economic or material resources or through the purchase of or or a service, will have to identify clearly the natural or legal person who will administer the bottoms and the social work to which they will be destined. The publicity of telephone numbers of tariffs with sobrequota, will have to express clearly the nature and object of the offered service. The cost per minute of the call will have to be indicated at least to the fifty percent of the visual proportion of the announced telephone number, and to the same intensity of audio, when it is announced verbally. The publicity is not allowed that does not identify clearly and explicitly or or the service object of the same one, which it uses the same phrases, mottos, melodías or agreed musical comedies, distinguishing images, logotipos, symbols, emblems, signs and, in general, any sound or image that it relates or, service or activity with another one whose diffusion has been prohibited, restricted or nonauthorized, in accordance with the law, that spreads messages where is used the religious faith, cultured or beliefs with commercial aims, or that stimulates practices or cause that violate the legislation in the matter of transit and transport. The publicity by location, safe is not allowed in the sport events, whenever it is not products and contemplated services in the numerals from the 1 to the 8, or with the intention to defraud the law. When one is denominated campaigns of publicity of intrigues, all the pertinent measures will be due to take to make opportunely know the consumer or or the service object of the campaign. The requirements and the opportunity of this type of campaigns will be fixed by means of practical standardses. The anonymous propaganda, the propaganda by location is not allowed nor the propaganda by insertion. In the services of diffusion by subscription, the diffusion of publicity of products contemplated in numerals 1, 2, 3 and 8 of this article is not allowed. To the other cases nonallowed in this article, the National Commission of Telecommunications, previous consultation, will fix the conditions of restriction or relaxation that is pertinent or necessary, according to is the case in agreement with the law.

[rinsd]

232. I'm confused....

"By reasons for public health, public order and respect to the human person, do not allow in the services of radio and television, during any schedule, the diffusion of publicity on: "

Is this refering to commercials only? Or does "publicity" include regular programming?

[AP]

234. Clearly they're talking about advertisements -- commercials.

I think 15 minutes per 60 minutes is what we're at in the US these days (up from something like 7 minutes per 60 minutes about 20 years ago).

[rinsd]

239. This legalese is killing me.....thanks

I just wasn't sure if publicity in their terms was limited to commercials or any publicity(ie: anti-smokers freaking about smoking in movies and TV) but I guess some nuance is lost in translation.

[AP]

228. Article 10 - gov't get 70 MINUTES (not hours) per week:

Modalities of access of the State to gratuitous and obligatory spaces

The State will be able to spread to its messages through the services of radio and television. To such aims, it will be able to order to the lenders of these services the gratuitous transmission to him of:

1.      the messages anticipated in the Statutory law of Telecommunications. The gratuitous and obligatory communications order of messages or official speeches could validly be notified, among other forms, by means of the single diffusion of the message or speech through the services of radio or television administered by the National Executive.

2.      cultural, educative, informative or preventive Messages on watch public, which will not exceed, in its totality, of seventy minutes weekly, nor of fifteen minutes daily. To the aims to guarantee the access to the services of radio and television, the governing organ of the National Executive, with competition in communication and information, it will yield to the users and users ten minutes weekly of these spaces, in accordance with the law. The governing organ of the National Executive, with competition in communication and information, will be in charge of the administration of these spaces, determining the schedules and the temporalidad of such, as well as any other characteristic of such emissions or transmissions. To the use of these spaces for the diffusion of publicity or propagandas of the organs and beings of the State is not allowed. The lenders of services of radio or television and diffusion by subscription will not be able to interfere, in form some, the messages and speeches of the State that spread in accordance with this article, and will have to conserve the same quality and aspect of the image and sound that the signal or original format has. It is understood like interference of messages the use of techniques, methods or procedures that modify, alter, falseen, interrupt, publish, cut or obstruct, in form some, the image or original sound. The lenders of services of diffusion by subscription will fulfill the obligation anticipated in numeral 1, through an informative channel, and the anticipated one in numeral 2, will fulfill it through the advertising spaces that arrange in each channel which they transmit. The seventy weekly minutes will be distributed between the channels whose signal is originated outside the territory of the Bolivariana Republic of Venezuela, in accordance with the law.

[AP]

255. HRW says this provision is illegitimate interference with edit'l freedom

HRW thinks that making the media carry up to 15 minutes a day (but no more than 70 minutes a week) of CSPAN-style coverage of the government is an "illegitimate interference with editorial freedom."

Who agrees? They're not telling the stations what to say (which would be coercing an editorial opinion). They're just telling them that in exchange for their right to use the public airwaves, they have to provide a public service. The media is free to crticize what they broadcast all they want. They just have to let people here, first person and unmediated, exactly what the private media is crticizing.


Television and radio stations would be obliged to transmit the government’s educational, informative or public safety broadcasts for up to 60 minutes a week. This is in addition to the president’s powers under article 192 of the Telecommunications Act (introduced in 2000 by the government of President Hugo Chávez) to order stations to transmit in full his speeches and other political messages. Such an obligation is an illegitimate interference in editorial freedom.  

http://hrw.org/english/docs/2004/11/30/venezu9754.htm

[AP]

230. Art 11-12: no signal jamming & community say in TV

Chapter III

Of the services of radio and television by subscription and the applicability and the access to channels of open signal and blockade of signals Access and blockade of signals Article

11. To the aims to guarantee the access on the part of the users and users, to all the signals of the services of UHF and VHF television, and communitarian television on watch public, without profit aims, that are received in the zones where a service of diffusion by subscription is lent, the lenders of the services of diffusion by subscription must fulfill the following obligations:

1.      Difundir gratuitously to its users and users the signals of the services referred in the headed one of this article, whenever these do not occupy more than the fifteen percent of the total of channels offered, in agreement with established in the norms on the conditions and the Maxima capacity of channels. The lenders of services by subscription will be able voluntarily to occupy more than the fifteen percent anticipated with channels of open signal. The lenders of services of UHF and VHF television, and communitarian television on watch public, without profit aims, to which east article talks about will have to fulfill the conditions that settle down by means of practical standardses.

2.      Difundir gratuitously to its users and users the signals of the services of television of the State, which will be including a the aims to calculate the percentage anticipated in the previous numeral.

3.      Suministrar to the users and users who ask for it, technical facilities that allow of immediate way, and without difficulty, the reception of these signals in the same terminal receiver by which they enjoy the service of diffusion by subscription. The lenders of the services of diffusion by subscription that spread radio signal, will have to offer the same signal and programming that spreads by open signal. The lenders of the services of diffusion by subscription will have to provide all to their users and users who ask for it, and assume the cost of this service, the technological facilities that allow the blockade of contracted channels. Also, the lenders of services of diffusion by subscription will not be able, during the effective time of transmission of a determined program, to interrupt, to interfere with or to spread messages different from the content of the program that is transmitted. In any case, they will have to guarantee correct the blockade of the images and sounds of the channels that spread to sexual elements type "E".

Chapter IV Of the democratization and participation Organization and citizen participation
Article 12.

The users and users of the services of radio and television, with the intention of promoting and defending their communicational interests and rights, will be able to organize themselves anyway allowed, among others, in organizations of users and users. They are right of the users and users, among others, the following ones:

1.      Obtener from the lenders of services of radio and television, previous to its diffusion, information about the programs and infocomerciales, in the terms that the law establishes.

2.      Dirigir requests, tie complaints or reclamations with the general missions of this Law, to the lenders of services of radio and television, and that such are received and responded within the fifteen following working days to their presentation.

3.      Promover and to defend the rights and I interest communicational, of individual form, collective or diffuse before the corresponding administrative instances.

4.      Acceder to the registries of the messages spread through the services of radio and television, that the National Commission of Telecommunications takes, in agreement with the law.

5.      Participar in the process of formulation, execution and evaluation of public policies destined to the education for the critical perception of the messages spread by the services of radio and television.

6.      Participar in the public consultations for the elaboration of the normative instruments on the matters anticipated in this Law.

7.      Presentar projects on the education for the critical perception of the messages or investigation related to the communication and diffusion of messages through the services of radio and television, and to obtain financing in agreement with the law.

8.      Acceder to gratuitous spaces in the services of radio, television and diffusion by subscription, in accordance with the law.

9.      Promover spaces of dialogue and interchange between the lenders of services of radio and television, the State and the users and users.

All the organizations of users and users of the services of radio and television will have to register in the registry that will take the National Commission of Telecommunications. To the aims to decide on the financing of the Bottom of Social Responsibility they will have to fulfill, in addition, with the inscription formalities before the Public Registry. The organizations will have to fulfill the following requirements: not to have profit aims, to be integrated by a minimum of twenty natural people, who their members do not have participation shareholder, neither they are directors, managers, administrators or legal representatives of lenders of services of radio and television, that are not financed, nor receive goods, I contribute, aids or subventions of public or deprived natural or legal people, who can condition or inhibit their activities in promotion and defense of the rights and interests of the users and users of services of radio and television. The National Commission of Telecommunications will facilitate, at any moment, the inscription of the organizations to whom east article talks about. When an organization has asked for her registry, having fulfilled with all the demanded requirements, and this one has not been granted to him within the lapse of thirty working days following to the request, it will be understood that this request has been solved positively and it will come to the registry and granting from the certificate from corresponding inscription. The National Commission of Telecommunications will establish the procedures and other collections that must accompany the request by registry, in accordance with the law. They exempt of the payment of tax, special rates and contributions, the registry of the organizations of users and users anticipated in this article. When the organizations of users and users must go to the jurisdictional route and are totally won in the process, the Court will exempt them of the payment of coasts when in his opinion they have had rational reasons to litigate.

[AP]

237. Art 13: National production; Art 14: 3 hrs/day educational TV

This is the "keep the production money and cultural power in Ven." part of the act. If you don't like it, maybe Canadian DU'ers can explain it's value.

Article 13.

Sonorous national will be understood by audio-visual production or, the programs, the publicity or the propaganda, spread by lenders of services of radio and television, in whose creation, direction, production and postproduction the presence of the elements can be demonstrated that are mentioned next:

a)     Capital Venezuelan.
b)    Venezuelan Leases.
c)     Venezuelan Scripts.
d)    Venezuelan Authors or authors.
e)     Venezuelan Directors or directors.
f)      Personal artistic Venezuelan.
g)     Personal Venezuelan technician.
h)     Values of the Venezuelan culture.

The determination of the concurrent elements and the percentage of each one of them will be dictated by the Directory of Social Responsibility by means of practical standardses. In any case, the presence of the elements previously mentioned as a whole will not have to be inferior to the seventy percent. The audio-visual production or sonorous national will be understood like independent, when it is made by independent national producers enrolled in the registry that will take to the governing organ in the matter of communication and information of the National Executive.

Producing national will be considered independent, the natural or legal person who fulfills the following requirements:

1.      Of being natural person:

a)     Estar called to account and domiciled in the territory of the Bolivariana Republic of Venezuela, in accordance with the law.
b)    not to be shareholder, in personal form nor by interposed person, of some lender of services of radio or television.
c)    not to be shareholder of legal who are shareholders as well, related people or partners of some lender of services of radio or television.
d)    not to hold positions of direction or confidence, in agreement with the Statutory law of the Work, in some lender of services of radio or television.
e)     Declarar if he maintains relation of subordination with some lender of services of radio or television.
f)      not to be civil employee or civil employee of some of the organs and beings public who regulate the activities object of the present Law, in accordance with the respective Regulation.

2.     Of being legal person:
a)     not to be company of the State, independent institute and other beings national, estadales and municipal public.
b)    Estar domiciled in the Bolivariana Republic of Venezuela, in accordance with the law.
c)    Estar under the control and direction of natural people of nationality or calls to account Venezuelan, who fulfills the requirements anticipated in the previous numeral.
d)    not to have participation shareholder in some lender of services of radio or television.
e)     Declarar if contractual entailment different from the independent national production is had, or relation of subordination with some lender of services of radio or television.

In any case, it is that one is about natural person or legal person, will be required to have experience or to demonstrate capacity to make national productions of quality. To the effects to verify the fulfillment of the requirements anticipated in the present Law, as well as of the corresponding practical standardses, the governing organ in the matter of communication and information will take a registry of independent national producers and will be the one in charge to send and to revoke the respective certification.

This certification will have a use of two years, renewable previous verification of requirements. The breach of anyone of the requirements will be able to give rise to the revocatory one of the certification, in this case the competent organ will have to notify the revocatory intention of to the independent national producer, that will have a nongreater lapse of ten working days, counted as of the date of its notification, so that present its tests and arguments.

The competent organ will have thirty working days to examine the presented/displayed tests and to decide on the revocatory one of the certification. When an independent national producer has asked for its registry, having fulfilled with all the demanded requirements, and it has not been granted to him within the lapse of thirty working days following to the request, will be understood that this request has been solved positively. The independent communitarian producers that spread their productions through services of communitarian radio or television, without profit aims, are excepted of the fulfillment of the formality of the registry to that article talks about the present. They do not consider independent national production the messages produced by the natural people who maintain a relation of subordination with the lender of services of radio or television with which she will contract, nor the messages produced by the legal people who maintain contractual a relation different from the independent national production. All related to the cinematographic production and national producers it will be governed by the special law on the matter.

Democratization in the services of radio and television

Article 14. The lenders of services of radio and television will have to spread, during the schedule all user, a minimum of three hours daily of cultural and educative, informative programs or of opinion and recreational specially directed to children, children and adolescents, presented/displayed agreed with their integral development, pedagogical approach and of the highest quality. In the diffusion of these programs the incorporation of adolescents like artistic personnel or in its creation or production will be due to privilege. The lenders of services of radio and television will have to spread daily, during the schedule all user, a minimum of seven hours of programs of national production, of which a minimum of four hours will be of independent national production. Also, they will have to spread daily, during the supervised schedule, a minimum of three hours of programs of national production, of which a minimum of one hour and average will be of independent national production. They are excepted of the obligation established in paragraph the lenders of sonorous broadcasting services and communitarian television the present on watch public, without profit aims. In the hours destined to the diffusion of programs of independent national production, the lenders of services of radio or television will give priority to the cultural and educative and informative programs. National production programs of and independent national production will not be considered for the calculation of the demanded hours of, those that are spread after both following years of the first day of his first diffusion. Similarly, it will not be considered for the calculation of the hours of independent national production, the programs made by nonenrolled independent producers like such by before the governing organ in the matter of communication and information, in any case, these programs will be considered like national production. In no case, a same independent national producer will be able to occupy more than twenty percents of the period of weekly diffusion that corresponds to the independent national production of a same lender of services of radio or television. The one hundred percent of the propaganda spread by the lenders of services of radio or television, will have to be of national production, except for the obligations derived from international treaties subscribed and ratified by the Bolivariana Republic of Venezuela. The lenders of services of radio and television will have to spread at least eighty and five percents of publicity of national production. The publicity, propaganda or promotions will have to be made by the described and compatible professionals, in agreement with the effective laws. The sonorous broadcasting services communitarian and television on watch public, without profit aims, are excepted of these exigencies. During the schedules all supervised usurario and, the services of radio or television that spread musical works, will have to destine to the Venezuelan musical work diffusion, at least a fifty percent of their daily musical programming. In the cases of the services of radio or television located in the states and border municipalities of the national territory and those that are under the administration of organs or beings of the State, the percentage of Venezuelan musical works will be, at least, of a seventy percent, without power damage to be increased through the norms that to this end are dictated.

At least a fifty percent of the Venezuelan musical work diffusion, will be destined to the musical work diffusion of Venezuelan tradition, in which it will be due to demonstrate, among others:
a)     the presence of sorts of the diverse geographic zones of the country.
b)    the use of the Castilian language or indigenous the official languages.
c)     the presence of values of the Venezuelan culture.
d)    the Venezuelan responsibility or composition.
e)     the presence of Venezuelan interpreters.

The determination of the concurrent elements and the percentage of each one of these will be established by the norms that to this end are dictated. When spreading the Venezuelan musical works will be due to identify their authors, authors, interpreters and musical sort to which they belong. During the schedules all supervised user and, the services of radio or television that spread foreign musical works, will have to destine at least a ten percent of their daily musical programming, to the musical work diffusion of authors, authors, composers, composers or interpreters of Latin America and the Caribbean. The services of radio or television, will be able to relay messages of other lenders of services of radio or television, previous authorization of these, informing into it to the National Commission of Telecommunications. In the beginning and at the end of the broadcasting, its origin will be due to announce and the granted authorization. In no case the broadcastings will be considered production or independent national production national, nor will be able to exceed the thirty percent the weekly diffusion.

[AP]

240. 15-18: formation of public production co.,

Commission of programming and allocation of national production independent

Article 15.

A Commission of Programming of Television is created, which will have by function to establish the mechanisms and the conditions of allocation of the spaces to the independent national producers, with the purpose of guaranteeing the democratization of the radioelectric phantom, the plurality, the freedom of creation and the securing of effective conditions of competition. This commission will be integrated by a representative of the governing organism in the matter of communication and information of the National Executive, who presidira '; a representative of the lenders of services of television, a representative of the independent national producers and a representative of the organizations of users and users. The decisions of this commission are binding and must be taken by majority, in case of tie the President of the commission will have double vote. The commission will be summoned by its President when this one judges it advisable or when anyone of its members is asked for. The organization and operation of this commission will be determined by the norms that to the effect she herself dictates. The commission will be able to establish committees at regional or local level. With the same aim, a Commission of Programming of Radio is created, which will have by function to establish the mechanisms and the conditions of allocation of the spaces to the independent national producers. This commission will be integrated by a representative of the governing organism in the matter of communication and information of the National Executive, who presidira '; a representative of the lenders of services of radio, a representative of the independent national producers and a representative of the organizations of users and users. The decisions of this commission are binding and must be taken by majority, in case of tie the President of the commission will have double vote. The commission will be summoned by its President when this one judges it advisable or when anyone of its members is asked for. The organization and operation of this commission will be determined by the norms that to the effect she herself dictates. The commission will be able to establish committees at regional or local level. The lenders of services of radio and television are forced to present/display to the governing organ in the matter of communication and information of the National Executive a monthly report, within the first five days of every month, in which the programs of national production, independent national production, times and the percentage of the concurrent elements are detailed, according to the previous article. These information could be verification object. The contracts that are celebrated between the independent lenders of the services of radio and television and national producers, in accordance with this article, will fulfill the requirements established in the law, and in no case, they will be able to harm the principle of equality between the parts, nor to contain clauses that establish excessive or disproportioned loads or obligations, in damage of some of the parts, in opposite case will be considered null of absolute invalidity.

Democratization in the services of communitarian radio and television on watch public, without profit aims

Article 16. The lenders of services of communitarian radio and television on watch public, without profit aims, will have to spread among others: 1, Directed messages to contribute with the development, the education for the critical perception of the messages, the well-being and the solution of problems of the community of which they comprise. 2, Messages that promote the conservation, maintenance, preservation, sustentabilidad and balance of the atmosphere in the community of which comprise. 3, Programs that allow the participation of the members of the community, in order to make the exercise possible of their right to the free and plural communication, for it will have to announce the forms through which the community will be able to participate. 4, Messages of solidarity, humanitarian attendance and social responsibility of the community. The lenders of services of communitarian radio and television on watch public, without profit aims, will have to spread daily, a minimum of the seventy percent of communitarian production. In no case a same communitarian producer will be able to occupy more than the twenty percent of the daily period of diffusion of the lender of the service. The total time for the diffusion of publicity, including the live publicity, in the services of communitarian radio and television on watch public, without profit aims, will not be able to exceed ten minutes by every sixty minutes of diffusion, which will be able to be divided until a maximum of five fractions per hour. The publicity of allowed goods and services that offer the natural people, microcompanies, cooperatives, small and medium companies of the community where serves, will have facilities and advantages for its diffusion. The total time destined to the diffusion of publicity of great companies and the State will not be able to exceed the fifty percent of the total time of diffusion allowed in this article. The one hundred percent of the publicity spread by the lenders of services of communitarian radio or television of services public, without profit aims, will have to be of national production. The simultaneous broadcastings cannot include the publicity of the lender of the service of radio or television where the message is originated. The lenders of services of communitarian radio and television on watch public, without profit aims, will not be able to spread propaganda. The lenders on watch of communitarian radio and television of services public, without profit aims, in addition to the principles anticipated in this Law will govern by the principle of surrender of accounts the community where they serve, in accordance with the law.

Democratization in the services of diffusion by subscription

Article 17. The lenders of services of diffusion by subscription will put, free, to disposition of the governing organ of the competent National Executive in the matter of communication and information, a channel for the transmission of a service of audio-visual national production destined in a one hundred percent to the independent national production and communitarian production, with predominance of cultural and educative, informative programs and of opinion. The State will assume the costs that are generated to take the signal of this audio-visual service to the head of the network of the lender on watch of diffusion by subscription that incorporates it, and this last one will assume the loads derived from its diffusion. Guarantee for the selection and reception responsible for the programs Article 18. The lenders of services of radio or television are forced a: 1. To publish, at least weekly and ahead of time, through printed massive means of communication, the guides of its programming who indicate the name, type, hour and date of transmission and classified elements of the programs, in accordance with the established thing by the norms that to this end are dictated.      is excluded from this disposition the lenders of the services of radio. The lenders on watch of diffusion by subscription will have to spread ahead of time through an informative channel, the name, type, hour and date of transmission, without prejudice of the use of any other means. 2. To indicate in the promotions of the programs, the date and hour of the transmission of such. 3. To announce, at the beginning of each program or infocomercial, the name, the type of program, the warnings on the presence of classified elements, and if one is about national production or independent national production, in accordance with the established thing by the norms that to this end are dictated. The lenders of services of radio or television, will publish and announce the type of program and the elements classified in accordance with articles 5 and 6 of this Law, respectively. In the cases that in a same program appear combined characteristics of the types of programs indicated in article 5 of this Law, this circumstance will be due to announce. The lenders of the services of radio or television, will have to spread to the programs in agreement with publications, promotions and announcements anticipated in this article, except for those variations that can derive from the gratuitous and obligatory access of the State to the services of radio or television anticipated in the law, by circumstances of greater force, or the exceptional diffusion live and direct of messages not previously programmed of informative character. In the services of radio or television, during the informative programs or of opinion, he will identify himself with a visual or sonorous signal, according to the case, the date and original hour of recording, when one is audio-visual or sonorous registries, that are not spread live and direct. If one does not know this date and hour, one will be due to indicate that one is a file material. In the services of radio or television, during the publicity or propaganda in which scenes, ambientación or own elements of a program are used such, he will be inserted during the totality of the time of his diffusion, the word publicity or propaganda, according to is the case, in legible form in an angle of the screen that does not interfere with the identification of the lenders of the services of television, or in the case of the services of radio, announcing at the beginning of the publicity or propaganda, the word publicity or propaganda, according to is the case, in intelligible form. The time destined to this type of publicity will be imputed to the total time of publicity to that article 8 of this Law talks about. In the services of radio or television, during the totality of the time of diffusion of the infocomerciales, the word will be inserted "publicity" in legible form, in an angle of the screen that does not interfere with the identification of the lenders of services of television or in the case of the services of radio, announcing at the beginning of the publicity, the word "publicity" in intelligible form.

[AP]

242. 19-23: National Commission of Telecom

Chapter V

Organs with competition in the matter of social responsibility in radio and television Competitions of the National Commission of Telecommunications

Article 19. They are competitions of the governing organ in the matter of telecommunications by organ of the National Commission of Telecommunications: 1.   Ejecutar political of regulation and promotion in the matter of social responsibility in the services of radio and television. 2.   Ejecutar political of promotion of the national productions and programs specially directed to children, children and adolescents, in the scope of application of this Law. 3.   Fomentar the qualification and professional improvement of national producers. 4.   Fomentar the education for the critical perception of the messages spread by the services of radio and television. 5.   Ejecutar political of promotion for the investigation related to the communication and diffusion of messages through the services of radio and television. 6.   Proponer the norm derived from this Law. 7.   Administrar the bottom and to make pursuit and evaluation of the projects financed in accordance with the law. 8.   Llevar an audio-visual and sonorous file of governmental function of messages spread through the services of radio and television. 9.   Expedir simple document certifications and copies and audio-visual and sonorous registries that attend in their archives. 10. To take to the registry of the organizations of users and users of the services of radio and television. 11. To open of office or at the request of divide administrative the procedures derived from this Law, as well as to apply the sanctions and to dictate the other acts to that there will be place in accordance with the anticipated thing in this Law. 12. To require the lenders on watch of radio, television or diffusion by subscription, the advertisers and third, tie information to the facts object of the procedures to that there will be place. 13. To dictate, to modify or to revoke the measures you will prevent predicted in this Law. 14. The other competitions that are derived from the law. The competitions established in numerals 2, 3, 4 and 5 will be made in coordination with the governing organs in cultural matter and education, communication and information, promotion and defense of the rights of the children, competent children and adolescents and other organs in the respective matters.

Directory of Social Responsibility
Article 20. A Directory of Social Responsibility is created, which will be integrated by the Chief of a main directorate of the National Commission of Telecommunications, that will preside over it, and a representative by each one of the following organisms: the ministry either organism with competition in communication and information, the ministry or organism with competition in the matter of culture, the ministry or organism with competition in education and deports, the being or organism with competition in the matter of protection to the consumer and the user, the National Institute of the Woman, the National Council of Rights of the Boy and the Adolescent, a representative by the churches, two representatives of the organizations of the users and enrolled users before the National Commission of Telecommunications, and an educational one in representation of the schools of social communication of the national universities. The holders of each ministry or organism of the State will designate to their respective main representative and his substitute. The main representative and the substitute of the National Council of Rights of the Boy and the Adolescent will be designated by their members. The representation of the churches, the users and users and the schools of social communication of the national universities, anticipated in that article, will be decided in assembly of each sector summoned by the National Commission of Telecommunications for such aim, in accordance with the respective norms to assure the representativeness the members to be chosen. The substitute members of the Directory will fill the respective temporary lack of their main ones. The Directory of Social Responsibility will validly sesionará with the presence of the President or its substitute and five of his members. The decisions will be taken by simple majority. The President of the Directory will designate to a civil employee of the National Commission of Telecommunications so that he exerts the functions of secretary or secretary of the Directory of Social Responsibility, without right to vote. By means of internal procedures the other norms of operation of the Directory will settle down. The Directory of Social Responsibility will have the following competitions: 1. To discuss and to approve the practical standardses derived from this Law. 2. To establish and to impose the penalties to that there is place in accordance with this Law. 3. To discuss and to approve the recommendations that are due to propose the titular person of the Infrastructure Ministry, as far as revocatory of ratings or the nonrenovation of the concessions. 4. To approve the erogación of resources of the Bottom of Social Responsibility. 5. The others that are derived from the law.

Advice of Social Responsibility
Article 21. An Advice of Social Responsibility is created integrated by a main representative and his respective substitute, by each one of the following organisms and organizations: the National Institute of the Woman, the National Council of the Rights of the Boy and the Adolescent, a representative of youthful the social organizations, a representative of the churches, a representative of the schools of social communication of the national universities, a representative of the schools of sicología of the national universities, two representatives of the organizations of users and users enrolled in the National Commission of Telecommunications, a representative of the social organizations related to the protection of children, children and adolescents, a representative of the lenders of services of deprived radio, a representative of the lenders of services of private television, a representative of the lenders of services of public radio, of the lenders of services of public television of the lenders of the communitarian broadcasting services on watch public, without profit aims of the communitarian lenders of television on watch public, without profit aims of the lenders of services of diffusion by subscription a journalist and, a representative, a representative, a representative, a representative representative, a representative of the speakers and the speakers, a representative of the advertisers, a representative of the radio workers and television, a representative of the independent national producers enrolled in the governing organ in the matter of communication and information of the National Executive, an indigenous representative of the towns and communities, a representative of the tie social organizations to the culture, a representative of the education schools prescholastic mention, and a representative of the educative communities of the Ministry of Education and Sports. The representation of the members that do not come from the organisms and organs of the State, will be decided in assembly of each sector summoned by the National Commission of Telecommunications for such aim, in accordance with the respective practical standardses to assure the representativeness the members to be chosen. The substitutes will fill the respective temporary lack of their main ones. In the case of the indigenous representation, he will designate himself in agreement with his uses, legally constituted customs and organizations. The Directory of Social Responsibility will consult in previous form the Council of Social Responsibility when he must decide on the matters of his competition.

The silence of the Council of Social Responsibility will be understood positive. Incompatibilidades
Article 22. The members of the Directory of Social Responsibility will be able to celebrate contracts or negotiations with third neither by himself, nor by interposed person nor in representation of others, whose objects turn on the matters regulated by this Law. The members of the Directory of responsible Social Responsibility are shared in common civilian, penitentiary, patrimonial and administratively, except when they have saved his vote in written form, within the five following working days to the decision. They cannot be main or substitute members of the Directory or the Council of Social Responsibility who has kinship until the fourth degree of consanguinity or stable second of affinity, unions in fact or makes life in common with another member of these organs. No person could be main or substitute member, simultaneously, of the Directory of Social Responsibility and the Council of Social Responsibility.

Information available
Article 23. The lenders of the services of radio, television or diffusion by subscription will have to maintain to disposition of the competent organ, in regard to the attributions anticipated in this Law: a.      Information, documents, agreements or contracts related to the diffusion of own messages or of third in the form that settles down in the respective practical standardses. b.     clear and intelligible, continuous Recordings and without edition of all the messages spread by the lapse that settles down in the practical standardses, which will not be able to exceed six months counted as of the date which the messages have been spread. They are excepted of this obligation the lenders of the services of diffusion by subscription. c.     Any other information that can be required in accordance with the law. The lender on watch of radio and television has a lapse of fifteen working days to provide the information required counted as of the date of reception of the corresponding requirement. The recordings to which east article talks about will have to be given in the format that to this end is determined in the practical standardses.

[AP]

243. 24-27: The fines.

Chapter VI

Of the Bottom of Social Responsibility and the Rates Of the Bottom of Social Responsibility  
Artículo 24. A Bottom of Social Responsibility like separated, dependent patrimony of the National Commission of Telecommunications is created, destined to the financing of projects for the development and promotion of national production, of qualification of audio-visual or national sonorous work producers for radio or television, of education for the critical reception of the messages spread by the services of radio and television, and investigation related to the communication and diffusion of messages through the services of radio and television in the country. The determination of the resources that will be had to each one the predicted purposes will establish by means of practical standardses, having preference by audio-visual or sonorous works of new independent national producers or programs of radio or television specially directed to children, children or adolescents. The resources of the Bottom of Social Responsibility will come from: 1.      the product of the parafiscal contribution and its accessories, in accordance with the anticipated thing in this Law. 2.      the contributions that for a reason or purpose of donation make same the any public or deprived natural or legal person. 3.      the fines imposed in accordance with this Law. 4.      the interests that are generated by the deposits, positionings or of other concepts that are derived from the use of the resources of the same one. 5.      the others that the law establishes. The financial resources of this Bottom will be deposited in the designated specific banking accounts to this end by the National Commission of Telecommunications and will have to be placed in investments that guarantee the greater security, yield and liquidity. The expenses of management of this account will be deduced of their balance. The National Commission of Telecommunications will have to elaborate and to make public an annual report on the contributions made to the Bottom for its financing and the amounts that will have been granted or executed, being able to require to such aims, all the information that it considers necessary.

Parafiscal contribution
Article 25. The lenders of services, of radio and television, or are legal people or natural, accidental, irregular societies or in fact, with prescindencia of their address or nationality, will pay to a parafiscal contribution by the diffusion of images or sounds made within the national territory. The product of this parafiscal contribution will be destined to the Bottom of Social Responsibility, and the tax basis of the same one will be constituted by the caused quarterly and originating gross income of the respective taxed activity, to which an aliquot one of calculation of two percents will be applied to him. To the aliquot one established a reduction of the zero comma will be applicable five percents when the diffusion of independent national productions is superior in a fifty percent of the demanded one by this Law, and a surcharge of the zero comma will be to him applicable five percents when the broadcasting of messages exceeds the twenty percent the time of weekly diffusion. The passive subjects of this parafiscal contribution are forced the corresponding declaration, autoliquidación and quarterly payment, within the fifteen following days to the victory of every trimester of the year calendar. The lenders of services of diffusion by subscription, and communitarian sonorous broadcasting and television are not subject to this contribution on watch public, without profit aims. The President or President of the Republic, in Cabinet, within the applicable measures of fiscal policy in accordance with the conjunctural, sectorial and regional situation of the economy of the country, will be able to partially exonerate total or of the payment of the anticipated parafiscal contribution in this article, according to determines themselves in the respective Decree.

Temporalidad of the tributary obligation  y of the legal relation tributary
Article 26. It will be understood perfected the fact taxable and born the tributary obligation, when it happens nobodies of the following circumstances: 1. The similar invoices or documents are emitted. 2. The contraprestación by the diffusion of images or sounds is perceived in advance. 3. The corresponding contracts subscribe. In the cases of contract subscription that on credit anticipates the fulfillment of obligations to terms or, the taxable fact will be perfected in agreement with the conditions of the contract. When are annulled or operations of a contract reversen within the framework that modifies the burdenable gross entrance, the passive subjects will be able to compensate the payment made in excess, in agreement with the established thing in the Tributary Organic Code. The autoliquidación must be made in the physical or electronic forms, by means of the systems and before the banking institutions and other offices authorized by the competent organism of the application of the present Law. When the contributors have more of an establishment, they must present/display a single declaration and payment in the jurisdiction of the fiscal address of the first house. The legal-tributary relation and its consequences subsist although the tributary obligation has not been originated.

Rates
Article 27. The services search, recording, certification and analyses of the audio-visual or sonorous registries that the National Commission of Telecommunications of the images or sounds spread through the services of radio maintains in file and television, will cause the payment of the rates that are detailed next:   SERVICE RATE Search of audio-visual or sonorous registries Up to 0.1 Tributary Units per hour of transmission that conform the universe search continuous Recording of an audio-visual registry or sonorous base Up to 0.5 Tributary Units per hour of recorded transmission Recording published of several audio-visual registries or sonorous bases Up to 0.3 Tributary Units per hour of transmission recorded by record number bases Certification of Recordings Up to 0.5 Tributary Units by certification the regulation of this Law will discriminate the amount of the applicable rates by each one of the enunciated aspects, within the tops established in this article.

[rinsd]

251. I hate legalese! So how much are the fines?

Is it 5% to no greater than 50% of the outlet's value? Am I reading that correctly?

[AP]

252. It looks like that's a 2% tax on gross income used to finance...

...the production of programming and the administration of this act, and it looks like it can be reduced or increased by 5% for the reasons set out in the statute.

[AP]

245. 28-35: Administrative Procedures

Chapter VII
Of The Administrative Procedure Sancionatorio Sanciones

Article 28. Without damage of the civil and penal responsibilities, sanctions of cession of spaces for the diffusion of cultural and educative messages, fines, suspension of the rating administrative, and revocatory will be able to be imposed of the administrative rating and the concession.

1. The lender of services of radio, television or diffusion by subscription will sanction themselves, in the cases that are to him applicable, with the cession of spaces for the diffusion of cultural and educative messages when he fails to fulfill with one of the following obligations: a) To incorporate measures that guarantee the integration of people with auditory discapacidad, anticipated in article 4 of this Law. b) To conserve the same level of intensity of audio, anticipated in article 4 of this Law. c) It fails to fulfill with the obligation to identify itself during the diffusion of his programming, anticipated in article 4 of this Law. d) To receive and to respond to the reclamations of the users and users, as planned in article 12 of this Law. e) To identify spread Venezuelan musical works, as planned in article 14 of this Law.

2. The lender of services of radio, television or diffusion by subscription will sanction themselves, in the cases that are to him applicable, with the cession of spaces for the diffusion of cultural and educative messages, when: a)   Incumpla with the obligation to spread the National anthem, predicted in article 4 of this Law. b)   Incumpla with the obligation to spread to the messages in Castilian language or indigenous languages, as planned in article 4 of this Law. c)   Difunda in the schedule All User, messages that contain classified elements type "B", "C", "D" and "E", in the terms anticipated in article 7 of this Law. d)   Difunda in the Supervised schedule, messages that contain classified elements type "C", "D" and "E", in the terms anticipated in article 7 of this Law. e)   Difunda images of real in informative programs during the schedules All User and Supervised violence without in the last fulfilling the predicted dispositions aside from article 7 of this Law. f)    Difunda in the schedule All User, publicity of lotteries, games of envite and chance, according to the terms anticipated in article 7 of this Law. g)   Difunda more than two hours of radionovelas or soap operas in the schedules All Supervised User and, respectively, as planned in article 7 of this Law. h)   Difunda during the schedules All User or Supervised, infocomerciales that exceed fifteen minutes of duration, as planned in article 7 of this Law. i)    Incumpla with the limitations of time or division established for the diffusion of the publicity, propaganda, promotions or infocomerciales, anticipated in article 8 of this Law. j)    Incumpla with the obligations established for the diffusion of the publicity or promotion by insertion, anticipated in article 8 of this Law. k)   Difunda publicity of professional served by people who do not have or fulfill the requirements or conditions demanded by the law, infringing the anticipated thing in article 9 of this Law. l)    Incumpla with the obligations established for the diffusion of publicity of requests of bottoms with beneficial aims that do not identify clearly the natural person or legal who will administer the bottoms and the social work to which these will be destined, anticipated in article 9 of this Law. m) It fails to fulfill with the obligations established for the diffusion of publicity of telephone numbers of tariffs with sobrequota, anticipated in article 9 of this Law. n)   Difunda publicity by location, as planned in article 9 of this Law. or)   does not take the pertinent measures to make know the consumer opportunely and user the good object of campaign of intrigues, as planned in the article 9 of this Law and respective practical standardses. p)   Incumpla with the obligation of not interrupting, interfering with or to spread messages different during the effective time from transmission of the programs emitted through the services of diffusion by subscription, as planned in article 11 of this Law. q)   Incumpla with the obligations to obtain authorization for the broadcasting of messages, to inform to the National Commission of Telecommunications or to make the corresponding announcements, as planned in article 14 of this Law. r)    Incumpla with the limitations of established time or division for the diffusion of publicity, propaganda, promotions or infocomerciales in services of radio and communitarian television on watch public, without aims of profit, as planned in article 16 of this Law. s)   Incumpla with the obligation to publish programming guides, as planned in article 18 of this Law. t)    Incumpla with the obligation to indicate in the promotions of the programs, the date and hour of the transmission of such, anticipated in article 18 of this Law. u)   Incumpla with the obligation to make announcements at the beginning of each program and infocomercial, fails to fulfill with the obligation to announce the type of program or fails to fulfill with the obligation to announce the classified elements, as planned in article 18 of this Law. v)   Incumpla with the obligation to spread the programs in agreement with the publications, promotions and announcements, as planned in article 18 of this Law. w) Fails to fulfill with the obligation established for the diffusion of infocomerciales, as planned in article 18 of this Law. x)   Incumpla with the obligation to insert the word as planned publicity or propaganda when scenes, ambientación or own elements of the programs are used such, in article 18 of this Law. and)   does not give to the organ or competent being, in the established lapse, the recordings, information, documents and any other information that is required to him, as planned in article 23 of this Law.

3. The lender of services of radio, television or diffusion by subscription will sanction themselves, in the cases that are to him applicable, with fine from zero comma five percents to one percent of the caused gross income in the fiscal year immediately previous to that in which the infraction was committed, when: a) Spread, in the schedule All User, messages that attempt against the integral formation of the children, children and adolescents, as planned in article 7 of this Law. b) Spreads, in the schedule All product User, publicity and services of sexual character, as planned in article 7 of this Law. c) It spreads to publicity of games of envite and chance that denigrate of the work like social fact and process fundamental to reach the aims of the State or in which participate young, young or adolescent, as planned in article 9 of this Law. d) It spreads publicity where the religious faith is used, cultured or related beliefs, with commercial aims, as planned in article 9 of this Law. e) Spread publicity in which one stimulates practices or cause that violate the legislation in the matter of transit and transport, as planned in article 9 of this Law. f) Fails to fulfill with the obligation to guarantee the access on the part of the subscribers and subscribers, to signals of the services of UHF and VHF open television, and communitarian open television on watch public, without profit aims, that are received in the zones where serves of diffusion by subscription, or to guarantee the access to the services of television of the State, as planned in article 11 of this Law. g) Fails to fulfill with the obligation to provide to the subscribers who ask for it, the technological facilities that allow the blockade of contracted channels, as planned in article 11 of this Law. h) Fails to fulfill with the obligation to spread programs directed specially to children, children and adolescents, as planned in article 14 of this Law. i)   Incumpla with the obligation to spread to programs of national production or programs of independent national production, as planned in article 14 of this Law. j)   Incumpla with the obligation of not occupying more than twenty percents of the daily period of diffusion that corresponds to the independent national production with a single independent national producer, as planned in article 14 of this Law. k) Fails to fulfill with the obligation to spread to propaganda or publicity of national production, as planned in article 14 of this Law. l)   Incumpla with the obligation to spread Venezuelan musical works, and of Latin America and the Caribbean, as planned in article 14 of this Law. m) It spreads daily more than the thirty percent of broadcasting of messages of other lenders of radio or television, as planned in article 14 of this Law. n) Fails to fulfill with the obligation to spread to the programs and messages, as planned in numerals 1, 2 and 3 of article 16 of this Law. or) It fails to fulfill with the obligation to spread communitarian production, as planned in article 16 of this Law. p) Fails to fulfill with the obligation of not occupying more than twenty percents of the daily period of diffusion with a single communitarian producer, as planned in article 16 of this Law. q) Fails to fulfill with the obligation of not occupying more than fifty percent of the total time of diffusion of publicity, with publicity of great companies or of the State, as planned in article 16 of this Law. r) Fails to fulfill with the obligation to spread publicity of national production, as planned in article 16 of this Law. s) Spreads during a broadcasting the publicity of the lender of the service of radio or television where the message is originated, infringing the anticipated thing in article 16 of this Law. t)   Difunda propaganda, infringing the anticipated thing in article 16 of this Law. u) Fail to fulfill with the obligation to make available of the National Executive a channel on watch of audio-visual national production, as planned in article 17 of this Law. v) Incumpla with the obligation to identify the date and original hour of recording of audio-visual registries of file, as planned in article 18 of this Law.

4. The lender of services of radio, television or diffusion by subscription will sanction themselves, in the cases that are to him applicable, with fine from one percent to two percents of the caused gross income in the fiscal year, immediately previous to that in which the infraction was committed, as well as with cession of spaces for the diffusion of cultural and educative messages, when: a) Spread messages that contain sexual elements type "and", infringing the anticipated thing in article 7 of this Law. b) Spreads messages through audio-visual or sonorous techniques that they have like intention, object or turn out to prevent or to make difficult to the users or users to perceive them consciously, infringing the anticipated thing in article 7 of this Law. c) It spreads to publicity of cigarettes and derivatives of the tobacco, or of spirits and other species, infringing the anticipated thing in article 9 of this Law. d) It spreads publicity of narcotic or psicotrópicas substances, infringing the anticipated thing in article 9 of this Law. e) Spread publicity of goods, services or activities whose diffusion has been prohibited or restricted, in temporary or permanent form, by reasons for public health or guarantee of the rights of the people, by the competent law or authorities, or she has not been authorized, according to is the case, infringing the anticipated thing in article 9 of this Law. f) Spreads to publicity of goods or services directed to children, children and adolescents whom the violence shows or uses in any form, infringing the anticipated thing in article 9 of this Law. g) Spreads to publicity of arms, related and similar explosives and goods or services, infringing the anticipated thing in article 9 of this Law. h) Spreads publicity that does not identify clearly and explicitly or or the service object of the same one, infringing the anticipated thing in article 9 of this Law. i)   Difunda publicity that uses the same phrases, mottos, melodías or agreed musical comedies, distinguishing images, logotipos, symbols, emblems, signs and, in general, any sound or image that it relates or, service or activity with another one whose diffusion has been prohibited, restricted or nonauthorized in accordance with the law, as planned in article 9 of this Law. j)   Difunda anonymous propaganda, infringing the anticipated thing in article 9 of this Law. k) Spreads to propaganda by location or insertion, infringing the anticipated thing in article 9 of this Law. l)   Incumpla with the obligation to spread the messages of the State, as planned in article 10 of this Law. m) It interferes with the messages and speeches of the State, infringing the anticipated thing in article 10 of this Law. n) Fails to fulfill with the obligation to as planned guarantee correct the blockade of the images and sounds of the signals or channels that spread to sexual elements type "and", in article 11 of this Law. or) It fails to fulfill the decisions of the Commission of Programming of Television as far as the mechanisms and conditions for the allocation of the spaces to the independent national producers, according to the established thing in article 15 of this Law. p) Fails to fulfill the decisions of the Commission of Programming of Radio as far as the mechanisms and conditions for the allocation of the spaces to the independent national producers, according to the established thing in article 15 of this Law. q) Fails to fulfill with the presentation of the monthly report, as planned in article 15 of this Law. r) Provides to the organ or competent being of dolosa form, recordings, information or documents declared false by definitively firm sentence. s) Fails to fulfill with the obligation to contribute the parafiscal, predicted contribution in article 24 of this Law. t)   Difunda during the schedule All User, messages where the children, children and adolescents act, marks, dramatizes or stages situations on a map where they use language, inadequate sexual or violent attitudes for its age. u) Spread discriminatory messages, specially those where the children, children and adolescents are object of ridicule, ridiculous situation or scorn. v) Difunda, during the schedule All User, messages that promote conducts that, of being imitated by the children, children and adolescents, can attempt against physical, psychological and moral integrity of these, as well as of any other person. w) Spreads messages that show to the violence like a easy or appropriate solution the problems or human conflicts. x) Difunda messages that they urge the breach of the effective legal ordering. and) It spreads messages that prevent or prevent the action of the citizen security elements and the Judicial Power that is necessary to guarantee the right to the life, the health or personal integrity. z) Spreads secret or private messages using codes of been suitable signs. In the case of numerals 1 and 2 of the present article, the Directory of Social Responsibility will be able to replace the sanction of cession of spaces for the diffusion of cultural and educative messages, by fine from zero comma one percent to zero comma five percents of the caused gross income in the fiscal year immediately previous to that in which the infraction was committed. In the cases in that the sanction of cession of spaces for the diffusion of the cultural and educative messages is applied, these could not be inferior to five minutes nor superior to thirty minutes according to determines the Directory to it of Social Responsibility. The Independent National Producer is responsible by the messages that comprise of their productions, that to the being spread by the lenders of services of radio, television or diffusion by subscription, constitute infractions of this Law. The advertiser is only responsible by the messages that form part of the publicity or propaganda, that to the being spread by the lenders of services of radio, television or diffusion by subscription, constitute infractions of this Law. In this case the fines will be calculated between the twenty percent and the two hundred percent of the price of purchase of the total of advertising spaces used in the diffusion of the message object of the sanction. The lender on watch of radio, television or diffusion by subscription, will be shared in common responsible for the infraction committed by the advertiser, in which case he will be sanctioned according to numerals 1, 2, 3 and 4 of this article, according to is applicable. When the lenders of services of radio are grouped in circuits, the fines will calculate on the base of the caused gross income, are these derivatives of the direct or indirect hiring of publicity or propaganda. The cause that the organ or competent being knows, in the occasion of the exercise of the attributions anticipated in this one or other laws, or consist in the files, documents or registries that this one has in its power, could be used to base the sanctions that prevail in the occasion of the infractions committed against the present Law.

Suspension and revocatory
Article 29. The lenders of services of radio and television will be sanctioned with:

1, Suspension until by seventy and two hours continuous, when the spread messages: promote, you make vindication or you urge the war, you promote, you make vindication or you urge alterations of the public order, promote, you make vindication or you urge the crime, you are discriminatory, you promote the religious intolerancia, you are opposite to the security of the Nation, they are anonymous, or when the lenders of services of radio, television or diffusion by subscription have been sanctioned on two ocassions, within the three following years to the date of the imposition of first of the sanctions.

2. Revocatory of the rating, until for five years and revocatory of the concession, when there is recidivism in the sanction of numeral 1 of this article, within the five following years of to have happened the first sanction. The sanctions anticipated in numeral 1 will be applied by the Directory of Social Responsibility, in accordance with the procedure established in this Law. The sanction anticipated in numeral 2, when it is revocatory about rating and concession, will be applied by the governing organ in the matter of telecommunications; in both cases the decision will be emitted within the thirty following working days to the reception of the file by the competent organ. In any case it will correspond to the Legal Consultancy of the National Commission of Telecommunications, the sustanciación of the administrative file and will prevail, very auxiliarily, the norms on procedure anticipated in the Statutory law of Telecommunications.

Prescription
Article 30. The opportunity to impose the penalties anticipated in this Law prescribes to the five years, counted as of the moment at which it happens the fact that gives rise to the sanctions. The obligation to pay the fines prescribes to the four years, counted as of the date of the notification of the act sancionatorio. The prescription is interrupted by any action of the National Commission of Telecommunications, notified the sanctioned one, that it leads to the recognition, regularización, investigations and other destined to the verification or verification of the fact sanctionable or related to the fulfillment of the sanction. Also it is interrupted by the performances of the sanctioned one, or is by recognition of the imputed fact, commission of new or similar cause that give rise to sanctions and the interposition of resources.

Beginning of the procedure and lapse for the defense and notifications
Article 31. The procedure will begin of office or by written denunciation. The act by means of which beginning occurs to the procedure to have to be motivated. All anonymous denunciation is inadmissible, manifestly infundada, with difamante, opposite content to the public order or when it has operated the prescription. Dictated the opening act it will be come to notify the presumed violator, so that in the lapse of ten working days counted as of the date of his present notification in oral form or briefs in writing, the pleas that it considers pertinent for his defense. The notifications will practice, without order of preference, in some of these forms:
1. Personally, giving it against receipt to the presumed violator.
2. By written certainty given by any civil employee of the National Commission of Telecommunications, to any person who lives or works in the address of the presumed violator. In case of refusal to receive and to print the respective company/signature, certainty of it will be left and it will pay attention this notification to the door, access or main entrance of the corresponding room, address, seat or office of the presumed violator.
3. By conducted postal correspondence by means of public or deprived mail, by systems of telegraph communications, facsimiles, electronic and similar whenever certainty in the file of its reception is left. When the notification practices by means of systems electronic facsimiles or, the National Commission of Telecommunications will be suitable with the presumed violator the definition of a place or direction facsimile or electronics.
4. By means of poster published by a single time in a newspaper of national circulation, in this case it will be understood notified the presumed violator, fifteen days continuous, after his publication. It will also be had by notified the presumed violator when it makes any performance within the administrative file, that implies the knowledge of the act from the day in which this performance took place.

Tests
Article 32. Overcome the lapse established in the previous article, one will begin a lapse of ten working days to promote tests and a lapse of ten working days to evacuate them. During the procedure all the means of test admitted in right with exception of the confession of employees public and the oath will be able to be invoked, when it implies the denominational test. During the sustanciación, the Legal Consultancy of the National Commission of Telecommunications will have the amplest powers of investigation, governing itself its activity by the principle of freedom of test. To such effects, among other acts, podra ':
1. To order the notifications and citations to declare or to render testimony.
2. To require necessary documents and information for the establishment of the facts.
3. To locate through social mass media, to the people or groups or interested communities that they could provide information related to the presumed infraction. In the course of the investigation any person will be able to brief in the administrative file the documents that she considers pertinent to the effects of the elucidation of the situation.
4. To as much ask for to the organs or beings public like a private or the particular ones, information or excellent document with respect to the people interested, whenever the information which has will not have been declared confidential or secret, in accordance with the law.
5. To order the necessary experticias or opinions for the best formation of the decision criterion.
6. To carry out them inspection and visits that consider pertinent to the aims of the investigation.

Measurement To prevent
Article 33. In the course of the procedure sancionatorio, even in the act of opening, the National Commission of Telecommunications will be able of office or to request of part, to dictate the following measurement to prevent, to order to the lenders of services of Radio and Television or Diffusion by Subscription, to abstain to spread in any schedule messages that infringe the obligations established in numeral 1, of article 29 of this Law. All measurement to prevent will have to be dictated by means of motivated and to notify to the presumed violator in the lapse of two working days, counted act as of the date of the act that decided it. In order to dictate the measurement to prevent the National Commission of Telecommunications, in attention to the appearance or presumption of good straight that it will emerge from the situation, it will have to make a ponderación of interests, taking into account the damage that could be caused to the presumed violator and the damage that could be caused to the denouncer, to the user or the community affected by the conduct or omission of the present violator. Decided the measurement to prevent, the presumed violator and others interested in the procedure that directly are affected by the same one, will be able to be against to her of oral or written form within the five following working days to the date in which he notified the presumed violator. In case of opposition a lapse of five working days will be opened to allege and to promote everything what to his favor and defense they consider pertinent, and a lapse of five working days to evacuate the tests. Passed east lapse, the National Commission of Telecommunications will decide conducive by means of act motivated within the eight working days following prorrogables, the same lapse.

Determination and exception of sanctions
Article 34. To the effects to determine the applicable sanctions, in accordance with this Law, one will consider:
1. The recognition of the infraction before or during the course of the procedure.
2. The own initiative to correct the infraction situation.
3. That the message violator has been spread through a service of radio or television with aims of profit or without aims of profit.
4. The reiterations and the recidivism.
5. The other extenuating or aggravating circumstances that they can be derived from the procedure. The lender on watch of radio or television during the diffusion of live and direct messages, will only be responsible for the infractions anticipated in the present Law or for their continuation, when the Administration demonstrates in the procedure that that one did not act of diligente form.

Decision
Article 35. The Directory of Social Responsibility will emit the act that ends the administrative procedure, within the thirty working days counted as of the following day to the victory of the lapse of test or, of being the case, of the date in which he overcame the lapse to decide on the opposition to the measurement to prevent, if this date will be later to that one. When the subject therefore amerite, this lapse will be prorogueable, by means of act motivated, for a single time until by fifteen working days. The Directory of Social Responsibility will be able to order any act of sustanciación within the anticipated lapse to dictate the decision. The sanctioned person will have to voluntarily execute the decided sanction. The lack of payment of the pecuniaria sanction will generate interest to date moratorio to the active rate fixed by the Central bank of effective Venezuela of payment of the debt. The National Commission of Telecommunications will be able to ask for the judicial draft notice. The breach of the other penalties imposed by the Directory of Social Responsibility, will give him right to ask for the aid of the public force for the execution of the same ones. The decisions of the Directory of Social Responsibility exhaust the administrative route and could be resorted within the forty and five working days following of to be notified by before the Contentious Court of the Administrative thing and in second instance it will know the Politicoadministrativa Room of the Supreme Court of Justice. The interposition of the contentious resource does not suspend the effects of the decision dictated by the Directory of Social Responsibility. Unique Transitory Disposition: 1. The obligation anticipated in article 4 of the present Law, referred to the incorporation in the programs that spread the subtitles, necessary translation to the language of Venezuelan signs or other measures that they guarantee the integration of people with auditory discapacidad, will be indispensable gradually within the lapse of three years, counted from the entrance in use of this Law, in accordance with the respective practical standardses. 2. They will become indispensable as of the three following months to the entrance in use of the present Law, the following obligations: a)     the anticipated ones in article 7, on the messages that spread during the schedule All User, related to the language elements types "B" and "C"; health elements types "B", "C" and "D"; sexual elements types "B", "C" and "D" and elements of violence types "C", "D" and "E"; as well as related to the games of envite and the chance, lotteries, maximum time of transmission of radionovelas and soap operas. b)    the anticipated ones in article 7, on the messages that spread during the Supervised schedule, related to the language elements type "C"; health elements type "D"; sexual elements type "D" and violence elements type "E". c)     the anticipated ones in article 11, related to the guarantee of access to signals of UHF and VHF open television, and communitarian open television on watch public, without profit aims; to spread the services of television of the State and to the positioning of technical facilities that allow the reception of signals of television opened in the same terminal receiver. d)    the anticipated ones in article 14, related to the propaganda of national production and the related ones to Venezuelan music, the music of Venezuelan tradition and the music of Latin America and the Caribbean. e)     the anticipated ones in article 18, related to the publication of guides, the announcements of programs and the diffusion of programs in agreement with the announcements and guides. 3. They will become indispensable as of the six following months to the entrance in use of the present Law, the following obligations: a)     the anticipated ones in article 9, related to the publicity by location, as well as the related one to the publicity in the services of television by subscription. b)    the anticipated ones in article 11, related to the blockade of contracted channels and those channels that spread to sexual elements type "and" in the services of television by subscription. c)     the anticipated ones in article 14, related to the percentage of national publicity, the maximum percentage of broadcasting of other lenders of services and to have to inform to the National Commission of Telecommunications. d)    One hour and average of programs specially directed to the children, children and adolescents in schedule All User. e)     the fifty percent of the required of national production in the schedules All User and Supervised minimum. 4. They will become indispensable as of the twelve following months to the entrance in use of the present Law, the following obligations: a)     Three hours of programs specially directed to the children, children and adolescents in schedule All User. b)    Seven hours of programs of national production in schedule All User and three hours of programs of national production in Supervised Schedule. 5. The anticipated independent national production in article 14 of the present Law, will be demanded in the following terms: a)     To the nine months, counted from the entrance in use of this Law, the daily minimum diffusion will be of one hour during the schedule All User and of one hour during the Supervised Schedule. b)    To the twelve months, counted from the entrance in use of this Law, the daily minimum diffusion will be of two hours during the schedule All User and of one hour in the Supervised Schedule. c)     To the eighteen months, counted from the entrance in use of this Law, the daily minimum diffusion will be of three hours during the schedule All User and of one hour and average in the Supervised Schedule. d)    To the twenty-four months, counted from the entrance in use of this Law, the daily minimum diffusion will be of four hours during the schedule All User and of one hour and average in the Supervised Schedule. 6. The subscribed contracts between the lenders of services of radio and television and the advertisers, as well as the subscribed ones between the lenders of services for the broadcastings, will have to be adapted to the regime anticipated in the present Law, within the three following months to their entrance in use. 7. Until as much a special Law is developed on the matter, the governing organ of the National Executive with competition in communication and information will be able to formulate and to develop to policies and actions destined to the promotion and development of services of radio and public television on watch. 8. Within the thirty following days to the entrance in use of this Law, the National Executive will designate his representatives in the Directory of Social Responsibility and the Council of Social Responsibility, as well as in the commissions of programming of radio and television, respectively. The social organizations and institutions that have representation in the Directory of Social Responsibility and the Council of Social Responsibility, will immediately initiate the process of designation of their representatives after the entrance in use of this Law. Unique Final Disposition: 1. The present Law will enter use the following day of its publication in the Official Newspaper of the Bolivariana Republic of Venezuela. 2. The Ministry of Communication and Information and the National Commission of Telecommunications will have to make the reconstruction to adapt themselves to the new competitions that derive from the application of the present Law and other norms related to the same one. Given, signed and sealed in the Federal, host Legislative Palace of the National Assembly, in Caracas, to the seven days of the month December of two thousands four. Year 194º of Independence and 145º of the Federation.      

[Imperialism Inc.]

264. This post will probably be lost in the shuffle but...

They are specifically trying to limit the times that violence and sex can be shown because of what happened during the 2002/2003 lockout/strike. Some stations ran shows/ads encouraging violence at all hours of the day including during children's programming. Pictures of dead bodies, Hilter etc etc. Trying to get people to rise up against Chavez.
Here is a recent vheadline editorial that discusses it.
http://vheadline.com/readnews.asp?id=23895

[Imperialism Inc.]

265. I find the OAS much more credible than HRW at this point.

I have been trying to gather info about the new law but it is pretty scarce at this point. They may be correct. It may be too ambiguous. However, those that are freaking out and pulling out the tired old "dictator" line are way out of line. But we all know how it goes on the subject of Venezuela.
One of the most progressive constitution in LA. One of only two countries in the world to include a recall for the executive officer. Only country to ever hold such a referendum. Replaced dodgy ES&S voting machines with machines that meet almost all of the requirements that activists are asking for here (except it does have a modem but all traffic is encrypted). A demonstrable dedication to the masses in the areas of education and health care. I mean you really have to have 2 brain cells or less to rub together to call it a dictatorship.

Edit: Wow. Thanks for posting the whole thing AP. Forget commentary there's the real deal.

[Bono71]

37. You forgot to add that rights groups have concerns:

International organizations including the Inter American Commission on Human Rights, the Inter-American Press Association and New York-based Human Rights Watch have voiced concerns.

IAPA President Alejandro Miro Quesada said Monday during a visit to Caracas that rules banning "psychological" or physical violence between 7 a.m. to 11 p.m. were "traps" aimed to "muzzle informational content."

[AP]

51. links to text of bill, please.

[Bono71]

98. I wonder what John Edwards would say about this?

[AP]

104. About what?

Language and sex restrictions on broadcast TV before a watershed? Don't think he'd have a problem with that?

More domestically produced TV? Well, that would shift a lot of wealth (in the form of production dollars) to VZ and away from Miama, or wherever Univision produces most of its stuff. That would also give Venezuelans rather than Floridians cultural, economic and political power, and John Edwards seems to be all for devolving and decentralizing and localizing economic and political power.

What else am I missing?

[Bono71]

113. No...the control of political content under the guise of

sex and violence...this is why respected groups like Human Rights Watch are suspicious of the new laws. We all love it when HRG spanks Bush, but when the bite Chavez, some seem to look the other way....

[AP]

121. Unless someone can quote from the text of the law that shows there is

any risk that this can be used to suppress political speech, I'm just going to have to assume that that's the same kind of sensationalist talk that these TV stations typically air.

Do you have th link to the HRW statement? Maybe they take the time to actually quote from the text of the bill.

[Bono71]

125. TV staitions?? WHAT ABOUT THE RIGHTS GROUPS???

IS HUMAN RIGHTS WATCH SENSATIONALIZING?????

[AP]

138. HRW has a record of hypocrisy when commenting on VZ and because of that

I ask that even they support their arguments with specific references to the text which they are criticizing.

I'm not taking anyone's argument at face value.

We've already seen that the author of the article in the OP has a serious bias in favor of the oligarchs in VZ.

Here's some stuff on HRW in VZ:

Has Human Rights Watch Joined Venezuela’s Opposition?
... Revised Version Has Human Rights Watch Joined Venezuela’s
Opposition? Friday, Jun 18, 2004, Print format. ...
www.venezuelanalysis.com/articles.php?artno=1200 - 53k - Cached - Similar pages

Venezuela: Official Press Agency Distorts Human Rights Watch’s ...
... Venezuela: Official Press Agency Distorts Human Rights Watch’s Position
Tuesday, Oct 28, 2003 By: Human Rights Watch. Note: Human ...
www.venezuelanalysis.com/docs.php?dno=1007 - 38k - Cached - Similar pages

Human Rights Watch's José Miguel Vivanco asserts that Venezuela ...
... Human Rights Watch's José Miguel Vivanco asserts that Venezuela enjoys the amplest
margins of freedom of expression Tuesday, Oct 28, 2003 ...
www.venezuelanalysis.com/audio.php?ano=1002 - 35k - Cached - Similar pages

Human Rights Watch: Venezuela Enjoys Full Democracy and Freedom of ...
... José Miguel Vivanco agrees with Jesse Chacón and Diosdado Cabello Human Rights
Watch: Venezuela Enjoys Full Democracy and Freedom of Expression ...
www.venezuelanalysis.com/news.php?newsno=1077 - 39k - Cached - Similar pages

Venezuela’s Vice-President Says Human Rights Watch Director is a ...
... Venezuela’s Vice-President Says Human Rights Watch Director is a “Permanent
Provocateur” Friday, Jun 18, 2004, Print format. ...
www.venezuelanalysis.com/news.php?newsno=1293 - 38k - Cached - Similar pages

Human Rights Watch Claims that Venezuela's State News Agency ...
... of original statements might disprove claims Human Rights Watch Claims that Venezuela's
State News Agency Distorted Their Position on Freedom of Expression ...
www.venezuelanalysis.com/news.php?newsno=1082 - 49k - Cached - Similar pages

Venezuelanalysis.com - News - News and Analysis from Venezuela
... newsno=1077. José Miguel Vivanco agrees with Jesse Chacón and Diosdado Cabello Human
Rights Watch: Venezuela Enjoys Full Democracy and Freedom of Expression ...
www.venezuelanalysis.com/print.php?newsno=1077 - 8k - Cached - Similar pages

Venezuela News, Views and Analysis - Venezuelanalysis.com ...
... with photos): The Promise of Restitution of Indigenous Rights in Venezuela ... of Venezuelan
Democracy Friday, Oct 08 Washington’s Human Trafficking Charges Drag ...
www.venezuelanalysis.com/ - 92k - Dec 7, 2004 - Cached - Similar pages

After the Censorship by Amnesty International, we Need to See The ...
... By: Macdonald Stainsby. Beginning Thursday, November 6th until Sunday the 9th, Amnesty
International held their annual film festival on Human Rights in Canada. ...
www.venezuelanalysis.com/articles.php?artno=1053 - 45k - Cached - Similar pages

[Bono71]

139. There were more groups than HRW.

[AP]

146. Links? (How many times do I have to aske this question?)

I'd like to judge their argument for myself. I'm not going to take their word at face value.

I want to see how they think.

[Bono71]

149. Ok...I think we are done. You are very thoughtful, good job.

[AP]

160. Seriously: I want to read their full arguments (not just slogans)...

...so that Judy Lynn can pop all the bubbles of deceit and faulty logic and conflict of interest and hypocrisy.

:)

[Bono71]

165. I address this below

[Judi Lynn]

179. AP, great links!

I've only gone through 4 in a quick scan, but already I see that Venezuelanalysis has given an absolutely open forum for official statements from HRW, and Jose Vivanco,which surely contradicts what one of the pro-oligarchy posters claimed earlier in the thread.

These statements were offered in uniformity with the articles, opinion pieces from other sources.

From the 4th link...

Vivanco talks to political analyst Todd Tucker from the Center for
Economic and Policy Research during the meeting between NGOs
who defend Human Rights and to defend journalists.

On the other hand, Frank Smyth, representative in Washington DC of the Committee for the Protection of Journalists, said that there is a lack of professionalism and much partisanship among journalists in Venezuela. He also expressed a concern with the Proposed Law, which gives the impression that social responsibility and freedom of expression are two different issues.

With regard to this idea, Minister Chacón explained that there are different ways of seeing the media and that the one that the Venezuelan government maintains and supports is one where, "yes there is a social responsibility when you control a media outlet and this is established in the Venezuelan Constitution and UNESCO, for its part, ratifies that the rights of the children and adolescents are supreme."

The Infrastructure minister, Diosdado Cabello, added that Article 108 of the Constitution states that "the mass media, private and public, must contribute to the formation of citizens…," demonstrating the clear relation between social responsibility and freedom of expression.
(snip/...)

http://www.venezuelanalysis.com/news.php?newsno=1077

What a novel idea! Social responsibility AND freedom of expression! Is it even possible?

[Imperialism Inc.]

267. IAPA

Oh a Cisneros and a Washington Post guy. Wow! I'm really convinced now!
http://vheadline.com/readnews.asp?id=23895

President
ALEJO MIRÓ QUESADA CISNEROS
El Comercio, Lima, Perú

1st Vice-President
DIANA DANIELS
The Washington Post , Washington D.C., USA

[Judi Lynn]

43. Here's a sample of AP writer Jorge Rueda's "professional" reporting style

Reuters
Venezuela

Nine Die in Venezuala Protest
Sun Apr 14,11:13 PM ET
By JORGE RUEDA, Associated Press Writer

CARACAS, Venezuela (AP) - Police fought pitched battles with protesters Thursday after more than 150,000 people marched on the presidential palace demanding President Hugo Chavez's ouster as a general strike gripped the country. Nine people were killed and 88 wounded, an official said.

Chavez angrily accused the news media of inciting social unrest by exaggerating the size of a general strike this week, and ordered five private Caracas television stations shut down. The stations continued transmitting by satellite, however.

National Guard troops fired tear gas at the front ranks of stick-bearing, rock-throwing marchers to keep them about 100 yards away from the palace and from thousands of Chavez supporters. Tear gas drifted into the presidential compound.

Several shots were fired near the palace, and scuffles with police erupted in several downtown locations. A body lay in a pool of blood next to the presidential palace.

Greater Caracas Mayor Alfredo Pena, a Chavez opponent, said at least nine people were killed and 88 wounded. Pena accused government snipers of firing on crowds, especially upon opposition demonstrators.

"Chavez has shown his true face," Pena claimed.
(snip/...)

http://newsmine.org/archive/war-on-terror/venezuela/apr-2002-coup/venezuala-coup.txt

Ha ha ha. Some of the Democratic readers here have already learned to recognize the patterns......

[Solon]

52. Yeah, wasn't that debunked by the Documentary...

the Revolution will not be televised? BTW, It would be hard for Chavez to actually have ordered troops to fire on the crowd at his behest when the MILITARY leadership was responsible for his overthrow.

[Judi Lynn]

76. That never did sound right, did it?

No one has ever accused these people of being even moderately bright!

Condolences to Otto Reich on his bungled mission.

[Judi Lynn]

58. Does this sound familiar?

The name of the author of the original post in this thread has been impugned!

Obscure media manipulations are being blamed for distinctly different leading paragraphs in Associated Press (AP) Spanish- language reporting of Sunday's pro-government demonstrations.


Saturday's pro-government demonstration
CNN Espanol and the Miami Herald carried a first version of the same story: Cientos de miles de simpatizantes oficialistas se aglomeraron en los alrededores de una céntrica avenida de Caracas...

But when the story was published in the New York El Diario/La Prensa is became: "Decenas de miles de simpatizantes oficialistas se aglomeraron en los alrededores de una céntrica avenida de Caracas...

Hundreds of thousands had become tens of thousands although the report, bylined to AP Caracas correspondent Jorge Rueda was from exactly the same wire-service bulletin.

Questions are now being asked as to why the AP article was so obviously altered to claim a lesser number of demonstrators at Saturday's venue while AP/CNN Espanol/ El Diario/La Prensa de Nueva York had maintained "cientos de miles de personas" (hundreds of thousands of people) attending Wednesday's opposition demo.
(snip)

http://www.independent-media.tv/item.cfm?fmedia_id=2113&fcategory_desc=Under%20Reported

~~~~~~~~~~~~~~~~~~~~~~~~~~~

It doesn't take too much time to grasp a sense Rueda is pro-oligarchy.

[ElectroPrincess]

69. I regret that many "progressives" here are carrying water

for the * media. I bet Rove is squealing with joy?

[rinsd]

92. I too hate to see progressives carrying water.....

....for more direct government control of the media.

Seems like its only a good thing if our "friends" are in charge.

But you get a gold star for being the first to enter the more progressive than thou contest...thank you for playing.

The only thing I need to know is that if this law was passed in this country, DU would be up im arms. And for that I am thankful.

[tx_dem41]

96. Agreed, Rinsd....it's very disheartening to see that hypocrisy resides....

on our side as well as theirs'.

[Bono71]

99. Add me to that list

[Solon]

106. I have a question for you guys...

As far as I regulating content, I see nothing special between this law and laws in many other countries, including most of Europe and North America. Why the focus on Chavez and his government? Why not protest the existence of "Government Controlled" BBC and other regulations around the world? Hell, this law actually seems kind of mild compared to most of the rest of the world's laws regarding media. Is it that you don't believe that Chavez is popularly elected, despite the evidence that he was, with the supervision of international monitors? Or is it that he is "too far out of left field", are you worried about Spain's Socialist government too, and hyperanalyze everything their government does?

[rinsd]

116. Non sequitar.....

"As far as I regulating content, I see nothing special between this law and laws in many other countries, including most of Europe and North America."

I hate our FCC.

"Why the focus on Chavez and his government?"

Because that's what this thread is about.

"Why not protest the existence of "Government Controlled" BBC and other regulations around the world?"

When someone does a thread about England massively expanding their media content laws, I'll be there to howl. And for the record I am not crazy about the government having control of the BBC either. Look what happened when they stepped out of line. Government hearings and mass layoffs.

"Hell, this law actually seems kind of mild compared to most of the rest of the world's laws regarding media."

Mild compared to what? Sinapore? Saudia Arabia?

Wait for it....wait for it...because here comes the "you don't believe in the revolution" spiel

"Is it that you don't believe that Chavez is popularly elected, despite the evidence that he was, with the supervision of international monitors?"

Where did I say that? Bush was popularly elected too. That doesn't mean I have to eat his shit and call it pudding.

"Or is it that he is "too far out of left field", are you worried about Spain's Socialist government too, and hyperanalyze everything their government does?"

Left right doesn't matter when you are talking massive expansion of government power and control over one of the most important elements to a democracy.

Again all I have to ask if you would approve if Bush did this? Intentions mean bullshit when it comes to government and government never relinqushes power it gets. That is why such laws have to be crafted carefully to prevent abuse. Aside from throwing out a few provisons calling for jailtime for newscasters saying lies(determined by government of course), this law seems broad from its descriptions on both the AP article and the VA article.

[Solon]

134. First off Bush doesn't have to...

the appointed FCC head already does that, Bush doesn't even have to enter the picture, also I doubt is legitimacy even now, so don't go there. As far as Chavez, I don't think he is perfect, nor do I think good thoughts about all his intentions. I just hate when others overreact and call him a dictator simply because he resisted an American Coup. I would prefer we take a wait and see approach, because the fact that he hasn't even bothered rounding up all the opposition does say something doesn't it? The rhetoric here sounds too much like the same spiel heard over and over again about elected presidents of Latin America over the past sixty years that tried to change their governments for the better, and were killed or exiled by the US and replaced by Fascists.

Could Chavez turn out to be a big bad dictator? Sure, but I think it is too early to tell.

[rinsd]

200. I'm not condemning the man, I'm condemning the law....

I see potential for abuse and have decided to speak against it.

I'm not sure if Chavez is a dictator or not but this law isn't exactly comforting.

Edit: horrible horrible spelling

[Judi Lynn]

120. The only difference may be their unchecked rage against a non-European

who respects the interests of the native people they despise. They surely couldn't kill all of them when Spain invaded and seized Venezuela, and they were useful for grub work, but there has always been the "class-based apartheid."

Zapatero is, I'll bet, hated by these slugs for his politics, but begrudgingly accommodated because he's similar socially.

[rinsd]

129. Hey Judy....

The only unchecked rage here is being directed by you at those who think this law is a bad idea.

But thanks for implying that disagreement equals racism.

You would have made a fine political officer.

[Bono71]

131. Thought the same thing myself. As a hispanic, I always knew

that I hated other hispanics...thanks Judy for pointing out my bias and rage.

[ElectroPrincess]

154. Are you any relation to Gonzales as are "the Powells'" are

to people of color? A woman calling into CSPAN put it aptly when referring to the insane views of Condi Rice, "Just because you look LIKE me, doesn't me you think like me."

That's what the RW does not realize ... "those little brown and black people" AND just perhaps, our sniveling gutless wonder democratic representatives are catching on to this inane "Token in a high position" ploy.

[Bono71]

168. If I'm not mistaken, I think you are trying to belittle my experience

"as a person of color." Thanks.

[ElectroPrincess]

173. Don't go there ... as with Condi Rice, it won't work for you here.

[Bono71]

182. Oh, I'm going there...You know what you wrote...and you should be

ashamed of yourself...you know nothing about me, my family's experience and what we have had to face...so save it.

[ElectroPrincess]

189. I wrote it in a tone the * Administration would use ...

THEIR (the corporate and racist fascist) terminology.

Try to keep up will ya please Bono? You know perfectly well that I put QUOTES (hint: not my terminology).

Trying to use that ploy. You must be desperate, eh?

[Bono71]

191. I am done with you. No reason to try to back peddle, you know

what you did.

[ElectroPrincess]

241. Understood. And please know that the feeling is mutual.

You were the person who brought up YOUR skin color. Guess what? I'm also a person of color. Bingo! Just because of your claimed Hispanic origin you can NOT claim some special insight into the situation of the people in Venezuela. Because of my mega-dose of dark olive skin tone from my ancestors from France, Southern Germany AND Romania, I'm sometimes asked if I'm a person of either Peruvian or Middle Eastern Origin.

No, I know little to nothing about my ancestral roots in Europe but I do know overt stereotypical discrimination on the basis of skin color. I've been stooped by Yuma, near the AZ-Mexico boarder once by a state trooper who asked, "What country are you from?" I've also been verbally assaulted by suspected white supremacist element in my ROTC program. One ole' boy exclaimed, "Your skin is way too dark to be blessed with light blue eyes. What are you ... like from where? You must be some form of greasy European. :(

The above is a long way of saying that you are twisting and willing me as a racist because you're getting your a** handed to you by others here. Like many people of Italian ancestry who merely "look" Middle Eastern and or "A-Rab" (note the quotes before you attack me again), I experience subtle forms of racism every damn day.

So stop trying that pseudo "guilt trip" talking point that's very similar to what the * administration and their right wing media forces on thoughtful progressives: Just because your Hispanic doesn't make you any less of a biased individual and NOT necessarily a "role model" for others who share your culture or out right appearance.

I have friends from all over the world and would submit that I know more about the Panamanian People and their present situation from having lived there for two years. One doesn't have to have Hispanic blood coursing through their veins to feel empathy for the "poor and disenfranchised" people of Latin America.

Done! Have a nice life. ;)

[AP]

132. Don't hate on Judy because you can't support your argument with facts

and because you have to rely on a bunch of fascists to make your points.

[tx_dem41]

136. AP....you have seemed quite reasonable on this thread IMO...surely

you don't support Judy's implication that we are racists? I mean let's debate this honorably, or there's no point in the exercise.

Also, please point out any references I have made where I relied on fascists??

[Bono71]

137. Oh, now we're fascists...this is too funny. Is John Kerry a

fascist? Are you aware of what he, Clinton and Carter have all said about Chavez?

[AP]

141. If you're supporting your argument based on Rueda's interpretation of this

law, then you are supporting your argument by reference to a person who clearly sympathizes with the oligarchs in VZ and seems to have no problem with fascism.

And beyond quotes without links from HRW, I haven't seen much else to indicate what else is forming your opinion.

[Bono71]

144. There were 3 rights groups listed in the initial post...

There are 3 men I admire greatly, Carter (the best ex-president), Clinton and John Kerry who have all gone on record and voiced concerns about Chavez.

This is enough for me. If you think this makes me a "fascist" then that is your right, but that would also make you estupido.

[AP]

Time for you to do some homework.

Carter said the recall election was perfect, Clinton liked Chávez, & Kerry was campaigning to win FL.

I'm just goig to have to ask again, what are these arguments by these groups that you find compelling?

Can I recommend Google and the prolific use of quotation marks and a thesis, and perhaps a beginning, middle and a conclusion to your argument.

I don't think you're going to convince many people here with your bumper-sticker sloganeering about Venezuela.

You and three or four other DU'ers continuously lament that DU leans towards anti-neoliberalism as regards Venezuela. You spend a lot of time complaining about that. I think you don't appreciate that DU has gone through a period of time which started with knee-jerk anti-Chávez-ism prevailing, because that's how NPR and the Times and the pro-neoliberal posters at DU presented the facts.

Then we went through what have been de-facto book lenght arguments, and discussions of media bias, and really in-depth, well-supported, extensive discussions, and this is where we came out.

You can't just parachute in hear with the bumper-sticker slogans and expect to undo all that work.

You're going to have to make your book length argumetns. You're going to have to cite and quote and argue and support if you want to change DU back to the way it was before people thought through these issues.

If you don't have the energy or stamina, you should probably just give up now.

[Bono71]

163. Good grief man, look at what you yourself just wrote...

Lets see,

NPR, Carter (yes he said the election was fair, I never stated it wasn't, but he also expressed concern over Chavez)), The New York Times, John Kerry, and several human rights groups (what are they part of evil corporate world, too) have all expressed concern about Chavez...and what do you do...summarily reject all of it and ask for MORE PROOF...what else do you want? A sign from God?

You obviously won't change your mind. Even when Chavez tightens his grip on ALL media, you dimiss it.

Good luck to you.

[AP]

171. I don't summarily reject any of it. NPR did a report on Chávez's...

....winning his recall vote and they closed out of the story with sad music.

I wrote to NPR complaining that they were editorializing with that music and asked why they were so sad that Chávez won the election.

The producer of the segment wrote me back and said that he didn't mean to editorialize. He just thought the music was appropriate for the story because it was pretty. (?) About two months earlier, the ombudsman had written something about how the music between segments is intended to convey emotions suggested by the story.

I think it's safe to say that NPR is full of shit.

The NYT had to fire their VZ stringer because his ties to the opposition were so obvious that they couldn't really keep him on. Mind you, this is the paper that still published Judith Miller's Iraq stories after they probably knew that she was way too close to Chalabi.

The NYT, it's safe to say, is full of shit when it comes to VZ (they also editorialized in favor of the coup).

I'm not summarily dismissing ANYTHING about VZ. I'm considering EVERYTHING: all the facts: like how the NPR producers and the ombudsman can't keep their stories straight about what the music between stories is supposed to evoke, and the fact that the NYT has to fire their VZ reporters because of obvious bias.

What I'm doing is the OPPOSITE of "summary" opinon-forming. I suggest you try it.

All I see from you is summary opinon making.

[Bono71]

180. So basically, everything bad about Chavez is...

"Full of shit." Everything good, is right on the money. Great analysis.

Stalin was a nice guy to, at least that's what Izvestia and Pravda wrote about him. Hell of a jump shot on the hiigh school basketball team, I hear.

[AP]

193. After doing the investigation, that's how it's turning out to be, eh?

As I said, I'm not summarily dismissing anything. I'm actually doing the research, citing the evidence of bias, pointing out the contradictions, poiting out the hypocrisy & citing the facts.

It's not a sign of the weakness of my arugments and opinions that the only arguments against Chávez that I ever see are incredibly superficial -- like yours. They aren't well-formed, they aren't supported with evidence, and they rely mostly on slogans.

You barely need to scratch the surface of that facade to get to the truth (which has been done countless times in ALL the arguments I've seen you get into here at DU).

Your response to my post is a perfect example of the superficial.

I'm giving you evidence of bias, and your only retort is a slogan.

You need to hit the books. You need arguments and not slogans.

[Judi Lynn]

197. You're right on the New York Times. Who would have thought after all

we've been through with that paper in recent years that ANYONE wouldn't know they've been exposed as way off base on Venezuela?

Not one but TWO reporters all screwed up concerning Venezuela. Here's an interesting admission from Francisco Toro, who quit, of course:

From "Francisco Toro"
Date Mon, 13 Jan 2003 5:57 PM
To "Patrick J. Lyons"
Subject
......
Dear Pat,

After much careful consideration, I’ve decided I can’t continue reporting for the New York Times. As I examine the problem, I realize it would take much more than just pulling down my blog to address your conflict of interests concerns. Too much of my lifestyle is bound up with opposition activism at the moment, from participating in several NGOs, to organizing events and attending protest marches. But even if I gave all of that up, I don’t think I could muster the level of emotional detachment from the story that the New York Times demands. For better or for worse, my country’s democracy is in peril now, and I can’t possibly be neutral about that.

I appreciate your understanding throughout this difficult time, and I hope in the future, conditions will allow for me to contribute with the World Business page again.

Sincerely,
Francisco Toro

Toro, on January 7th, committed an act of disclosure that probably marked the beginning of the end of his Times career: He spoke “out of class” about his interactions with a NY Times editor, also on his weblog:

“It’s tough being a journalist in this country, especially if, like me, you’re trying to juggle roles as a critic in the local press and a beat reporter for a U.S. newspaper. Trying to play both roles – and trying to mediate between the sides – takes its toll. It’s the reason, in any event, for the new and regrettable need to password-protect this blog: one of my US editors was very uncomfortable with having one of his reporters taking such openly political stances on a public website.”
(snip/...)

http://www.indybay.org/news/2003/01/1566827_comment.php~~~~~~~~~~~~~~~~~~~~~~~~~~Problems with Juan Forero, and former Mexico bureau chief:

.....Also last April, New York Times reporter Juan Forero reported that President Chávez had “resigned” when, in fact, Chávez had been kidnapped at gunpoint. Forero did not source his knowingly false claim. Forero, on April 13, wrote a puff piece on dictator-for-a-day Pedro Carmona – installed by a military coup – as Carmona disbanded Congress, the Supreme Court, the Constitution and sent his shocktroops house to house in a round-up of political leaders in which sixty supporters of Chávez were assassinated. Later that day, after the Venezuelan masses took back their country block by block, Carmona fled the national palace and Chávez, the elected president, was restored to office.

Forero – who, Narco News reported in 2001, allowed US Embassy officials to monitor his interviews with mercenary pilots in Colombia, without disclosing that fact in his article – was caught again last month in his unethical pro-coup activities in Venezuela. Narco News Associate Publisher Dan Feder revealed that Forero and LA Times reporter T. Christian Miller had written essentially the same story, interviewing the same two shopkeepers in a wealthy suburb of Caracas, and the same academic “expert” in a story meant to convince readers that a “general strike” was occurring in Venezuela. The LA Times Readers Representative later revealed that Forero and Miller interviewed the shopkeepers together. Neither disclosed that fact.

In many ways, it has been the credibility problem posed by Forero that led to Toro’s hiring last November by the Times, and the importation of Times Mexico Bureau Chief Ginger Thompson to Venezuela last month.

But Thompson’s reporting has also been laden with distortions. Last week she reported that there had been a “strike” by “bank workers” when, in fact, it was a lockout by bank owners supported only by the executives “union” – which represents only one percent of bank workers in the country. (That the bank lockout of its customers – conducted by 60 percent of bank branches over two days – constituted a theft of people’s access to their own money was not raised by Thompson’s article.)

Thompson, again yesterday, continued to embarrass herself and the Times with a report that “strike” leaders in Venezuela – now completely defeated on every front – are “discussing new strategies to ease the hardship on Venezuelans, including partly lifting the strike to allow businesses and factories to reopen.” This turn of phrase is dishonest on Thompson’s part, transparently an attempt to spin the collapse of the upper-class lock-out as an intentional “evolution” in strategy.
(snip/...)

http://www.narconews.com/Issue27/article584.html



Juan Forero..

Look at this. It's Francisco Toro's own blogsite. It leaves no doubt the guy was NOT the right one to be "reporting" for U.S. readership, unless we are all freepers! It's truly nasty, and childish.

http://caracaschronicles.blogspot.com/2003_01_12_caracaschronicles_archive.html

Omigosh! It gets worse as I go along! He's come UP in the world by now. Here's his introduction in an interview:

BOB GARFIELD: In the weeks leading up to the American invasion of Iraq, pundits and market analysts filled many column inches speculating on what the war would mean for oil prices here at home. In their view, the situation would be compounded by the turmoil in Venezuela where a two-month strike had paralyzed the oil industry. Those fears may have subsided but Venezuela's fading from the headlines does not mean that all is well there. The country's economy is in free fall. If you read the Venezuelan press, there's no doubt who's to blame: President Hugo Chavez. But if you're an American, the picture is a little murkier. Joining us to look at the divergence in these two stories is Francisco Toro, the political editor of VenEconomy -- a business magazine based in Caracas. Francisco, welcome to OTM.
(snip/...)

http://www.onthemedia.org/transcripts/transcripts_061303_chavez.html

(This will remind you of why you may have been wondering what the hell has happened to NPR!)

(Can't find his photo, dagnabbit.)

If I'm not mistaken, this creep just might be the one old "WindanSea" used to link, who had a blogthing at Slate!

[AP]

214. Anyone know which NGOs Toro was working with?

?

[ElectroPrincess]

159. Oh yes, Clinton pushed through NAFTA, Kerry is married to one of

the most powerful women in the world. The only valid person of concern is Jimmy Carter. What you also fail to realize is that he criticizes both sides.

[rinsd]

140. Where did I rely on fascists?

Most of the info, I took was from the VA article.

Unless Human Rights Watch are a bunch fascists too now.

I don't hate on Judy. She implied my opposition was due to racism. Well that was uncalled for and I responded.

[AP]

142. Rueda. Where are your other links?

[rinsd]

158. I haven't linked to anything....

I did quote VA's article. See #42

Most everything else has been my own words based on both articles.

[Judi Lynn]

151. It would be hard to avoid recognizing the absolute indentification

of the opposition with vicious racism. Everyone knows that, and you do, too. Whatever their focus always includes their attitude toward the poor of Venezuela and their determination to keep utter, ruthless control, and the society "below" them, economically, socially, helpless.

An quick search in google provides this:

Opposition spokesmen complain that Chavez is a leftist who is leading the country to economic chaos, but underlying the fierce hatred is the terror of the country's white elite when faced with the mobilised mass of the population, who are black, Indian and mestizo. Only a racism that dates back five centuries - of the European settlers towards their African slaves and the country's indigenous inhabitants - can adequately explain the degree of hatred aroused. Chavez - who is more black and Indian than white, and makes no secret of his aim to be the president of the poor - is the focus of this racist rage.
(snip/...)

http://www.canadiandimension.mb.ca/extra/d1220rg.htm

[rinsd]

166. Nice try....

You implied people here on this thread felt that way. Not the oppoisition.

It was umnwarranted and instead of simply apologizing for hyperbole in a heated thread, you changed the target of your original BS

I'm done with this conversation.

[AP]

177. If the glove fits, you can't aquit. People how defend the oligarchs in VZ

should be responsible for implications of their support for those people.

You may not be personally racist, but you're arguing on behalf of interests in VZ which almost certainly are.

[rinsd]

187. Nice....

Are the ACLU racists for defending the Nazi & Klan's right to free speech?

"People who defend the oligarchs should be responsible for implications of their support for those people."

With us or agin us is so 2001. How should they be held responsible? Camps renedification...I'm curious, that's a rather cryptic comment.

Does being held accountable include being called a racist when their actions had nothing to do with it? Judy knew she was wrong which is why she changed the target of her barb. Where in the world did I defend the opposition in Venezuela? Because I don't believe the government has a right to go after messages it doesn't like? That I believe that this is a stealth law that will be used to go after critics similar to the FCC here in the US especially given the acrimony betwenn the government and the opposition?

Which is it?

[Solon]

192. Would the ACLU still have defended them if they came shooting?

And I don't mean with cameras.

[rinsd]

205. In a criminal defense trial?

I doubt it.

They have defended the Klan in Ashville even after their leader threatened another "Greensboro" (which if you don't know is when Communist Party members staged an anti-Klan march and the Klan opened fire killing quite a few).

[AP]

194. When you start applying rules of evidence rather than rules of propaganda

to this discussion, I'll accept your use the court of law as an appropriate analogy for what you're doing in this thread.

(Do you feel like you're the devil's advocate?)

[rinsd]

198. What are you talking about.....

"I'll accept your use the court of law as an appropriate analogy for what you're doing in this thread."

I just don't get it. What do you mean here?

If your speaking of waiting for actual abuse of the law, well that's fine and dandy would have saved me a lot of time arguing against the Patriot Act since abuses there so far have been minimal. Arguing the potential dangers of something such as government receiving greater power and authority is not propaganda.

"(Do you feel like you're the devil's advocate?)"

Are you comparing me to Keanu Reeves...if so I am truly insulted ;-)

[Bono71]

221. What are you talking about?

[Bono71]

130. As a hispanic American, I can say that there is a world of

difference between the current government of Spain and Venezuela. It is not even close.

[AP]

100. We already have the sex and language restricitions, and if we were Canada

and we had the domestic content requirement, we'd probably celebrate, and we've been begging for the private media to have to provide public service/free time, so I don't think you'd get to much compaining about that.

[Bono71]

103. What would you saty to the rights groups that think this is simply

a way to edit political comment?

Why do they require 70 hours a week of state programming?

Why must everything be in Spanish?

Dubious. And your man, FDR would be greatly troubled.

[AP]

110. "Where's your evidence?" As for FDR, ever hear of Smedley Buttler?

FDR the anti-fascist would be troubled? I don't think he'd have any problem with this anti-fascist law. In fact, FDR and Chávez have a great deal in common since they both have been confronted with the same kind of fight.

You know that Wall St attempted a coupl on FDR backed by DuPont but it failed because they person they asked to carry it out -- Smedley Buttler -- ratted them out because he was patriot. They picked Buttler because of his resume as a Marine, but late in life, Buttler reflected on his career this way:


The trouble with America is that when the dollar only earns 6% over here, it gets restless and goes overseas to get 100%.

Then the flag follows the dollar and the soldiers follow the flag. There are only two things we should fight for. One is the defense of our homes and the other is the Bill of Rights. War for any other reason is simply a racket. There isn't a trick in the racketeering bag that the military gang is blind to. It has its 'finger men' to point out enemies, its 'muscle men' to destroy enemies, its 'brain men' to plan war preparations, and a 'Big Boss', Super-Nationalistic-Capitalism. It may seem odd for me, a military man, to adopt such a comparison. Truthfulness compels me to. I spent 33 years being a high-class muscle man for Big Business, for Wall Street and the bankers. In short, I was a racketeer for capitalism. I helped purify Nicaragua for the international banking house of Brown Brothers in 1909-1912. I helped make Mexico safe for American oil interests in 1916. I helped make Haiti and Cuba a decent place for the National City (Bank) boys to collect revenue in. I helped in the rape of half a dozen Central American republics for the benefit of Wall Street. In China in 1927, I helped see to it that Standard Oil went its way unmolested. I had a swell racket. I might have given Al Capone a few hints. The best he could do was operate a racket in three cities. I operated on three continents.

http://www.crestonepeaceworkers.org/news/02/etk_orig911.html


Those are the people FDR was up against. I think he'd be on Chávez's side had he been President of Venezuela. One of the many things in common they'd have to talk about: fascists tried to remove them both from government.

[Bono71]

115. Read the inital post

[AP]

128. Respond to mine.

Judy Lynn has already linked to enough evidence that Rueda is probably not the most reliable lens through which to look at this bill. And I haven't seen a single link or quote to support any claim that this bill is a prior restraint (or any kind of restraint) on political speech according to either a US Constitutional or VZ constitutional analysis.

And you asked me a question about FDR and I answered it, and I wonder why you're letting the comparison drop. You do see the similarities between FDR's battle against fascists in the US and Chavéz's in VZ don't you?

That Buttler quote really puts things into relief, doesn't it?

[Bono71]

133. I did...the initial post lists several rights groups that think this is

bad...you can dismiss them if you like, it is your choice. But the next time one of those groups blasts Bush...you need to keep your mouth shut, or dismiss them then.

[AP]

164. Can I please read what they actually said? What is their argument?

[rinsd]

109. And we tend to dislike our sex/violence restrictions....

Especially when they're used serendipitously to silence a government critic (see events of the past year)

"we've been begging for the private media to have to provide public service/free time, so I don't think you'd get to much compaining about that."

But is this what its providing? Is it equal time? Is it government PSA's? Is it Venezuealan CSPAN? What is it?

[AP]

114. I don't know that "we tend" to feel that way.

I'm not sure that there an outstanding free speech debates over sex on broadcast TV.

As for PSA/CSPAN -- it just seems to me that the people who are so vociferously opposed to this law need to be making the case that it's more that that. If you've seen The Revolution Will Not be Televised which showed the private stations jamming the signal of the one publilc station which tried to honestly report what was going on with the coup, you kind of get the idea that the government just wants a few hours a week to tell the public their version of what's going on so that people can contrast it to the lies and sensationalism they get the rest of the week from the same channel.

What's the problem with that?

If the fascists get the government back, they can use those hours to tell the same lies they tell during the commercial hours, or they can change the law so that they can propagandize seemlessly.

[ElectroPrincess]

135. Stick with those puristic values, we'll (progressives) LOSE

big in both of the upcoming elections. You call yourself enlightened but are you ready to sacrifice YOUR civil rights to improve the * world dominance agenda? Better pull your head out of the intellectual fog. Our enemy is the corporate goons in our government. Our role should not be to assist this criminal regime with their desire to "rule the world." Yes, it's beyond the pale but look at the circumstances in Venezuela - nobody's innocent.

I sure as hell would rather support Chavez than the NeoCons in this Administration who want to control their oil with their wealthy buddies.

[genieroze]

71. government control?

Sounds like us.

[sandnsea]

81. Public Service Announcements????

We have government PSA's, we just pay millions of dollars for them. We've all said that the media should be required to give politicians free use of our airwaves. Sounds like that's what Chavez has done. Violence and sexual content? I don't know what Venezuelan TV is like, but we have those rules here too.

I will certainly be watching carefully, but this doesn't sound like a bad thing to me.

[Judi Lynn]

95. For anyone who missed it the first time, this is a hot one!

Just ran across it again, and it's a wowzer.

Here is the original photo, taken during a speech made by Hugo Chavez.



HERE is the photo as it was displayed in "Tal Qual" in Venezuela.

Ha ha ha. And people dare to claim these people are maggots.

Here's the story I just found again.

http://www.venezuelanalysis.com/articles.php?artno=1025

[AP]

101. There out to be a law, eh?

But Venezuela removed the law against lying in the press from this bill, so there isn't a law against it.

[brentspeak]

102. In other words, he's becoming a dictator (n/t)

[Bono71]

105. Si, Senor.

[Solon]

108. Is Germany a dictatorship?

They actually edit content, vigoriously, if anything about Nazis is brought up, so the question is, where is the line between freedom and dictatorship crossed?

[Bono71]

119. Germany is not a dictatorship. 12,000,000 killed by a political

party and the worst war in history gives the Germans some slack...and these laws (Venezuelan) apply to ALL media outlets, not one particular party.

Anyone can see Chavez is tightening control. Be rational.

[Solon]

145. Now wait a minute....

Chavez suffered an undemocratic coup by military officers and the owners of these media stations are partly responsible for that, only by mass demonstrations from most of the country was he able to serve in office again, so where is the slack there? Come to think of it, why hasn't he been tougher on those who supported treason against the legal government, I would imagine he had the support immediately afterwards, why didn't he follow through?

ON EDIT: Also you are wrong about Germany, it is against a single party, the NAZI party, how could it be otherwise? It is illegal to be a member in that country.

[Bono71]

148. Oh he will follow through, we are merely at the beginning.

[Solon]

153. Why are you so sure?

What evidence leads you to believe that he will turn into this monster, when, as far as I can tell, he has been extraordinarily mild to the same opposition that almost overthrew him?

[ElectroPrincess]

167. I'm going to put on my tin foil hat and suggest that

a number of people here may have been planted to disrupt our discussions.

That's IMHO my only logical conclusion. Otherwise we are entertaining political purists who are willing to catalyze our on country's turn to corporate fascism (IF * Administration gets their tentacles into the control of Venezuela's oil).

If your hate for Chavez is stronger than seeing our Country go down the tubes, then by all means rant away. However, I strongly believe your priorities are way way out of order.

[Solon]

176. *New Jersey voice*

ARE YOU TALKING TO ME?!?!?!?!?

:)

Hope you simply responded to the wrong post, cause I'm defending the guy.

[ElectroPrincess]

186. Sorry that's my trademark "flaky" error

No you have a depth of knowledge in this area well beyond the norm. All I fear is IF the * Administration obtains any control over Venezuela's oil, the world (and perhaps the USA) would not be a better place.

Sorry <blush> Time for me to butt out as I've made my points.

[Solon]

188. That's OK....

I knew you weren't talking about me in that, I don't hate anybody, least of all Chavez, hasn't given me a reason to, and hopefully never will.

[w4rma]

256. FDR didn't go much further on media regulations than Chavez has.

So, why do you think Chavez will actually take over the media with the government, rather than just setting up ownership restrictions to prohibit one person, or one group of people from owning more than one station?

[Bono71]

152. Yes, I believe it is illegal to be a Nazi in Germany

[Solon]

156. Then why treat Chavez differently?

Was it because Germany was under foriegn control at the time, its been fifty plus years, why haven't they released those restrictions on speech and association? Why aren't they a free country?

[Bono71]

169. Chavez is resticting ALL media outlets and possibly, though it

is unclear, and challenges (from the right or left) to his power. Makes me uncomfortable.

[Solon]

172. As far as I can tell, from this law and the way the media was before...

He has been lenient, and hasn't restricted the media to any great degree, also, from the description of this law, it looks to be narrow enough to allow leeway for his opposition, they just can't call for his death on television anymore. I really don't see the harm in that, but like I said before, I'm in wait and see mode. If there are abuses, I would oppose those, just like I would if Bush didn't have our media in his pocket, but I don't see that happening, just a lot of whining about potential abuses that haven't occured yet.

[Kellanved]

196. actually it is not

Germany is in personal freedom and freedom of the press rated higher than the US.

The German aggressive constitution kicks in when people threaten to disable the constitution - with a very good historical reason, I might add.

[Judi Lynn]

107. Commentary addressing the new media ruling.....

.....According to the article, Marcel Granier, director of Radio Caracas Television (RCTV), called the content law a clear example of “how the process of loss of liberty continues its march in Venezuela.”

It is very important to be aware that RCTV was one of the 4 television stations which continuously broadcast very violent anti-Chavez propaganda at all hours of the day, including during children’s cartoon hours.

This happened in December 2002, January and February 2003 at the time when the violent US-financed anti-Chavez radicals were leading the sabotage of the country: blocking streets and highways, attacking innocent followers of Chavez, assassinating people, sabotaging PDVSA installations, attacking embassies and/or consulates, hijacking petroleum-carrying ships ... and much more.

RCTV was an almost full-time participant in promulgating violence, sabotage and civil unrest and sedition along with Venevision, Televen and Globovision. In co-collaboration were the major privately-owned newspapers: El Nacional, El Universal and Tal Cual.

I was there at the time ...and wondered who paid for so much continuous anti-Chavez propaganda for such a long time?

There were almost no commercials for anything else ... such as soap, or furniture, etc. It was almost entirely anti-Chavez violence-ridden montages with clips of war, Hitler, Mussolini, dismembered bodies, blood soaked soldiers and civilians, etc ... even during children’s daily cartoon hours.

http://www.vheadline.com/readnews.asp?id=23895

~~~~~~~~~~~~~~~~~~~~~~~~~~

Low standards there.

[sadiesworld]

111. If that's what it takes to beat back the corporate facists...

fine.

[tx_dem41]

112. Your lack of priniciples in the pursuit of power is admirable.

:eyes:

[sadiesworld]

117. Your lack of understanding of the issues and players involved here

is breathtaking. :eyes:

[tx_dem41]

123. I am fully aware of the situation in Venezuela and Chavez.

And have in the past been a supporter. I find myself on the fence at the moment, and I find that disheartening when dealing with a man I want to trust.

[ElectroPrincess]

155. Principles alone will not wrestle these corrupt goons out

of power. Intellectuals need to know how to behave in the mode of those trained in the American Enterprise Institute ONLY to support the power being transferred to the constituents, not the corporations that pay-off our representatives.

[AP]

246. Actually, Democratic principles seem to be doing a pretty good job

in VZ.

I think if you read the law above, it looks like it isn't doing anything unprincipled.

[brentspeak]

118. Joseph Stalin would be chuckling

if he were alive to see these kind of comments supporting Chavez's clearly totalitarian media law. Just like the naive Lincoln Brigaders who went to fight fascism in Spain and ended up "agreeing" with the practice of bullets-to-the-back-of-the-head meted out by the embedded Soviet political officers...

[Bono71]

122. No kidding...Stalin and other dictators never label media control

as "My way of tightening the noose..." It always has some benevolent name and reasoning...Chavez calls it "freedom from the fascist private media" or some damn thing...Puhlease.

[ElectroPrincess]

147. Chavez IMO has it CORRECT ... at least at this juncture

[sadiesworld]

126. And the corporate oligarchy that runs this planet is laughing

at how easy it is to turn democratic societies into feudal wastelands. Except they aren't laughing at Chavez.

[brentspeak]

127. Maybe Chavez would be laughing at you (n/t)

[rinsd]

124. Meet the New Boss...(nt)

[ElectroPrincess]

143. Finally I can relate to someone here who lives in the "real world"

not the idealized puristic values of the far left that refuses to join anything as a team. It's so much better to act as individuals as our country turns toward corporate fascism.

Thanks sadiesworld, we live in the same "reality"

[HuckleB]

157. Well, there is certainly a lot of unwarranted hyperbole on this board.

As noted above, in http://www.venezuelanalysis.com/news.php?newsno=1426 , the law:

"define(s) five levels of violence and sex and three levels of clean and dirty words. It prohibits even moderate levels of violence and sex from being shown during 'children friendly' hours and establishes a 'watershed' for adult material."

Further, "the law applies norms that are generally acceptable elsewhere in most other countries."

So why the big uproar on DU? Shouldn't we look at the reality of the law before making such sweeping statements about Chavez and Venezuela's National Assembly?

[Solon]

161. That's what I have been saying...

Jesus Christ, the rush to judgement is really intolerable isn't it?

[Bono71]

174. There appears to be combating analysis...one from a source

that bends towards Chavez, the other from rights organizations that some feel bend toward.... fascism...I could hardly type that last part without laughing.

[AP]

181. If they're criticizing a government merely to protect the interests of the

corporations that finance their activities, what else would you call it?

[Bono71]

185. Hahaha...yeah, those same people who had the courage to

take on Bush, the most powerful guy in the world, are cowering to the Evil Corporate Interests...do you make this stuff up?

[AP]

233. Speaking of criticizing, the statute is above, and I'm having a hard time

figuring out where HRW saw the threat to HR...maybe you can help me figure it out.

[rinsd]

178. Why was there an uproar about our own FCC?

Maybe because by and large DU has issues with the government dictating content. Or that we have seen how such content laws can be abused.

And we are watching a government being handed this power with the ability to levy "massive fines" and/or "even the closure of media organizations that flout regulations"

These are "reforms" DUers usually fight against. The massive regulation of the media under the guise of protecting children would be sniffed out as Orwellian. And you can bet your ass if Bush was to do this, ALL of DU would be united against it(rightfully so). It just happens to be Chavez.

[Solon]

183. Actually in that case...

I believed the government was making a mountain out of a molehill, similar to how you are protraying Chavez in this case. If we actually set up a system of rules and guidlines here, instead of on a case by case basis, maybe the whole controversy could have been avoided, and consistancy could actually take place. Also the fact that the FCC can apparently act with broad descretion disturbs me, they aren't elected after all, only APPOINTED. Venezuala's legislature is elected the last time I checked.

[rinsd]

190. Yes as is our Congress is elected on which the FCC's authority rests....

...but I don't see anything about the legislature doing the enforcement.

"I believed the government was making a mountain out of a molehill"

I also agree. Its an authority that tends to be abused no matter which government institues it. Which is why, I don't like it.

[Solon]

195. I could understand that....

however, I don't see how just passing the law would allow you to make the leap that Chavez is a dictator. I mean if that was the litmus test then we have been a dictatorship since at least the late '20s.

[rinsd]

201. Where did I call him a dicator....

I have been arguing against the law and its potential for abuse.

I don't know if Chavez is a dictator in the traditional sense of the word but laws like this aren't encouraging.

[Solon]

206. Sorry, got you confused with Bono and Brent...

While I agree there is potential for abuse, that is true of almost any law, tax laws could be enforced selectively, criminal codes could be enforced based on race, all sorts of things have happened and will countinue to happen from not only bad laws, but the enforcement of any law. The point is not to blow things too far out of proportion, keep perspective, and also realize that, at least for the moment, Chavez has to listen to the people of his country, for if he learned anything, it is that they are the power, not him.

[rinsd]

211. It's allright...its been a heated thread.

"While I agree there is potential for abuse, that is true of almost any law, tax laws could be enforced selectively, criminal codes could be enforced based on race, all sorts of things have happened and will countinue to happen from not only bad laws, but the enforcement of any law"

I would agree but add a caveat. Given the acrimony between Chavez and the media, I see greater potential for abuse than normal.

"Chavez has to listen to the people of his country, for if he learned anything, it is that they are the power, not him."

I certainly hope so.

[Solon]

216. The one thing that puzzles me is this...

This is not to say he won't do it in the future, but if you imagine a similar scenario in the US, where an illegal coup took place with media support, and it fell apart like in Chavez's case. Wouldn't every one of those media people have committed treason according to our constitution, and therefore could have been brought to trial and imprisoned? Before you comment on the First Amendment, remember this, there are limits to free speech and press, and I would think instigating violence is overreaching those limits.

I don't know the precise laws in Venezuala, but I would think they would have similar laws on the books. So the question is, why hasn't Chavez tried to lock up all of his opposition by now, not only the ones that were directly involved, but their supporters as well?

[rinsd]

223. Not reallly....

After all we didn't have trials for the confederates after the Civil War. Treason trials seem to have been limited to helipng foreign elements(big cases being Benedict Arnold and the Rosenbergs). Maybe something like John Brown & Harper's Ferry? He was convicted of treason.

"Before you comment on the First Amendment, remember this, there are limits to free speech and press, and I would think instigating violence is overreaching those limits"

I'll go even further, this is the type of thing the alien and sedition acts of Adams time were geared towards. This is what helped the government combatting the "Red Scare". A pressing need is established, radical reform is enacted, abuses occur. It a familiar pattern with almost any government.

"So the question is, why hasn't Chavez tried to lock up all of his opposition by now, not only the ones that were directly involved, but their supporters as well?"

I think those involved did go to trial. And if Chavez were to go after all the opposition and its supporters, well then we wouldn't be debating whether or not he is a dictator.

[Solon]

229. Actually the United States did try several Confederates....

in court, such as Jefferson Davis, he fled to Canada, though none were found guilty. Also the press was severely restricted during the AWC and many civil rights were suspended by Lincoln during the conflict, both in the North and South.

[rinsd]

236. I don't think Jefferson was ever tried.....

He was brought up on charges but due to instability of the times they did not actually have a trial. You are correct that once he made bail he fled to Canada then France I think.

"Also the press was severely restricted during the AWC and many civil rights were suspended by Lincoln during the conflict, both in the North and South."

The Un-Civil War was a truly ugly time in America. Crackdowns on civil liberties, the draft, slavery, race riots in the North etc etc. to say nothing of the carnage on the battlefield.

[AP]

184. Can we get some facts into the discussion?

How "massive" are the fines in VZ compared to the US or to the UK?

Why did people have a problem with the FCC fines?

[rinsd]

202. I don't know.....

Those are the quotes from the VA article.

"How "massive" are the fines in VZ compared to the US or to the UK?"

I don't know. Again the descriptions from the articles are broad and I can't translate Spanish. I just assume when someone says massive fine...it is indeed a massive fine.

"Why did people have a problem with the FCC fines?"

You're kidding right?

[AP]

220. The translation is above...as for the FCC...

...I don't think that people have a problem with the fact that the FCC uses fines as its means for enforcing violence, nudity and language restrictions.

I think the problem is when they're excessive, when they're imposed on individuals rather than corporate owners, and when the violate due process, equal protection or other constitutional rights.

So, now that you have the law and the ability to translate, we can probably get beyond sloganeering and get down to the meat: do you think the fines are excessive? Unconstitutional? Imposed on the wrong parties?

[rinsd]

227. Thanks for the translation

Give me a little time to digest.

[Judi Lynn]

235. Yes, thanks for getting the job done. Going to file this thread away

for future use. Very, very helpful, AP. It's very well constructed.

Still haven't seen anything "commie," yet! You have to be on the lookout. Joe McCarthy said so.

[ElectroPrincess]

244. Don't forget to send a copy to you best buddy .... KKKarl Rove?

[Judi Lynn]

247. He's too busy doing really important things that will make the world safe

We are truly blessed!


Karl Rove?

[ElectroPrincess]

249. Thanks for the Humor

I was getting a little snotty and needed to be put back into perspective, your "pretty OK" for a commie <tease!> ... time will tell who's correct. Best :-)

[AP]

248. Looks like biggest threat in this law is to profits of cig & cerveza corps

...which explains why people like the AP's stringer are criticizing it.

[govegan]

250. Right On, Mr. Chavez

The pompous, pandering propagandists in ameika are not expected to understand.

As Thoreau wrote: The law will never make men free; it is men who have got to make the law free.

The sentimental nihilists of the US media culture, so appropriately defined by Cornel West in Democracy Matters, will doubtless "sidestep or even bludgeon the truth.......in order to provide an emotionally satisfying show."

[w4rma]

254. It appears that Chavez basically did exactly what FDR did.

Contrary to what some kneejerkers above say, the ownership is not being transfered over to the government. Although I hope Chavez included something that prohibits a single group of people or one person from owning all the stations, directly or indirectly. If he included something like that the AP didn't include it in their article, above.

[AP]

257. The statute is posted above beginning at post 204 (?)

There's nothing in there about media ownership.

It's about sex and violence and a vew other things not unlike what they have in Canada, the UK and the US in terms of watersheds, domestic content, etc.

[RedCheckShirt]

259. I like Chavez

He reminds me, in a way of Teresa. He is not afraid to tell the press to shove it.

Come to think of it, Chavez and Teresa would make a great progessive power couple.

[AP]

261. "Hugo and the Billionairess" -- it would have been a great movie.

But I think it's important to note that this law comes nowhere near kicking the media's ass.

The fairest characterization is that it holds the media to standards that are similar to those in Canada and the UK.

[bywho4who]

268. Look for some

Shit to start:nuke: real soon.