[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 77 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. CON. RES. 77

     Calling on the Government of Venezuela to respect a free and 
independent media and to avoid all acts of censorship against the media 
                          and free expression.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2007

    Mr. Weller of Illinois (for himself, Mr. Schiff, Mr. Pence, Mr. 
Fortuno, Mr. Wolf, Mr. Lincoln Diaz-Balart of Florida, and Mr. Lamborn) 
 submitted the following concurrent resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
     Calling on the Government of Venezuela to respect a free and 
independent media and to avoid all acts of censorship against the media 
                          and free expression.

Whereas freedom of the press and freedom of expression are under threat in 
        Venezuela;
Whereas Venezuelan President Chavez announced on December 28, 2006, that Radio 
        Caracas Television (RCTV), Venezuela's oldest private, commercial 
        broadcaster founded in 1953, would not have its broadcasting license 
        renewed, and therefore the license would expire on May 28, 2007;
Whereas RCTV claims its broadcasting license doesn't expire until 2022, and that 
        President Chavez is suppressing coverage that is critical of his 
        administration;
Whereas the decision not to renew the broadcasting license of RCTV lacks 
        transparency and appears to be politically motivated;
Whereas calls of concern regarding the decision not to renew the broadcasting 
        license of RCTV have been expressed by international media 
        organizations, including: Instituto Prensa y Sociedad (Institute of 
        Press and Society), the Committee to Protect Journalists, the 
        International Press Institute, Reporters Without Borders, and the Inter 
        American Press Association;
Whereas Organization of American States (OAS) Secretary General Jose Insulza 
        said the decision not to renew the broadcasting license of RCTV gives 
        the appearance of a form of censorship against freedom of expression, 
        and at the same time serves as a warning against other news 
        organizations in Venezuela, leading such organizations to limit their 
        actions at the risk of facing the same fate as RCTV;
Whereas the OAS Special Rapporteur for Freedom of Expression, Ignacio Alvarez, 
        has said that the closure of RCTV will mean Venezuelans would be 
        deprived of a source of news that offered critical views of the 
        government;
Whereas the decision not to renew the broadcasting license of RCTV is only the 
        latest in a series of maneuvers the Government of Venezuela has taken to 
        limit press freedom;
Whereas Venezuela has been noted to have a steady decline in press freedom over 
        the past several years;
Whereas Freedom House rates freedom of the press in Venezuela as ``not free'';
Whereas the Government of Venezuela has passed laws since 2004 to restrict the 
        media and free expression;
Whereas the 2004 Law of Social Responsibility in Radio and Television regulates 
        the type of content that is allowed in radio and television programming 
        in Venezuela;
Whereas this law gives the Government of Venezuela the power to impose onerous 
        fines on, and suspend broadcasting rights of, media outlets that publish 
        messages ``contrary to the security of the nation'', as determined by 
        the Venezuelan Government;
Whereas a second offense for a publishing message ``contrary to the security of 
        the nation'' may lead to the suspension of a media outlet's broadcasting 
        license for five years;
Whereas the 2004 Law of Social Responsibility in Radio and Television is vaguely 
        worded such that it can be easily used with political motivation and 
        applied to severely restrict freedom of expression;
Whereas the provisions of this law violate international standards protecting 
        free expression and could penalize broadcasters' legitimate expression 
        of political views;
Whereas in 2005, journalists in Venezuela were barred from reporting on the 
        military, hospitals and stadiums, and the judiciary;
Whereas on November 1, 2005, columnist David Ludovic was pressured by President 
        Chavez's security personnel into handing over a tape of interviews done 
        adjacent to the Palacio Blanco, the Miraflores presidential palace;
Whereas on January 23, 2006, at the request of the Venezuelan Attorney General, 
        Venezuelan courts banned ten media outlets from reporting on the 
        criminal case involving the car bomb assassination of Danilo Anderson, 
        the prosecutor who led the probe into the 2002 coup against President 
        Chavez;
Whereas Human Rights Watch has noted that, at moments of political tension, the 
        Venezuelan National Commission of Telecommunications (CONATEL) warns 
        media directors of punishments that they face for coverage that violates 
        Venezuelan law;
Whereas desacato (disrespect) laws were enacted in Venezuela as part of the 2005 
        criminal code reform law;
Whereas the use of desacato laws have a serious and chilling effect on the 
        public and the media, since such laws deter not only criticism but also 
        public scrutiny of alleged misconduct by the government;
Whereas under Venezuela's desacato laws, insulting the President of Venezuela is 
        punishable by six to 30 months in prison and making comments that could 
        ``expose another person to contempt or public hatred'' is punishable by 
        one to three years in prison and a severe fine;
Whereas journalist and government critic Ibeyise Pacheco of the daily El 
        Nacional was convicted and placed under house arrest for one week under 
        Venezuela's desacato laws;
Whereas in July 2005, the Venezuelan Attorney General invoked desacato laws to 
        investigate the Caracas-based newspaper El Universal for an article 
        allegedly criticizing his office and the judiciary;
Whereas in February 2006, television journalist and presidential critic Jose 
        Ovidio Rodriguez Cuesta, known as Napoleon Bravo, was prosecuted under 
        Venezuela's desacato laws for public criticism of the Venezuelan Supreme 
        Court;
Whereas the Government of Venezuela controls two national television stations, a 
        national radio network, and a wire service, and President Chavez 
        regularly exercises his power to preempt programming in private media 
        outlets to ensure extensive broadcasting of government announcements;
Whereas President Chavez has been granted the power to rule for the next 18 
        months by decree in Venezuela through an ``enabling law,'' further 
        eroding the democratic process and checks on concentrated government 
        power, making the need for an independent press even greater; and
Whereas freedom of the press, freedom of speech, and freedom of expression that 
        allow multiple viewpoints to be heard are essential components to a 
        healthy and well-functioning democracy: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),  
That Congress--
            (1) expresses support for members of the media in Venezuela 
        who are facing an assault on their rights to freedom of the 
        press, freedom of speech, and freedom of expression;
            (2) expresses deep concern regarding the announcement of 
        Venezuelan President Chavez not to renew the broadcasting 
        license of Radio Caracas Television (RCTV);
            (3) calls upon the Government of Venezuela to immediately 
        reverse its decision not to renew the broadcasting license of 
        RCTV;
            (4) urges the Government of Venezuela to create an 
        independent body to assign and renew broadcasting licenses in 
        Venezuela;
            (5) calls upon the Government of Venezuela to respect the 
        rights of an independent media to freely communicate and 
        broadcast through print, radio, and television without fear, 
        intimidation, censorship, or the threat of censorship; and
            (6) urges the Government of Venezuela to respect the rights 
        of freedom of expression for all Venezuelans.
                                 <all>