The case of the private TV channel RCTV has been wrongly presented by interested parties as a manifestation of the violation of freedom of expression in Venezuela.

The following clarifications are in order:

1. The case has been shown as the closure of the TV channel RCTV, when the reality is simply the non-renewal, upon expiry, of its license to broadcast on public airwaves.

2. This faculty of the State is clearly known on an international level, and to this effect, the Union of International Telecommunications (UIT) recognises "in its entirety the sovereign right of each State to regulate its telecommunications, taking into account the growth of its importance to safeguard peace, economic and social development of the States.".

3. Other states have not renewed TV licenses, acting within its regulatory authority. Such was the case in the U.K. when Thames Television License was not renewed in 1992 after 24 years of service. Over 600 TV broadcasting licenses have not been renewed all around the world.

4. Almost all countries have guidelines on this matter. In the USA, the law has established standard guidelines whereby all operating companies must follow in order to continue having access to the spectrum. The Law for Radio of 1927 is clear that the radio electrical spectrum is public property and that all operators that use it should serve "the necessities and conveniences of public interest". The Law of Communication of 1934, established by the Federal Commission of Communications (FCC), equally details guidelines to operate according to public interest, under which the application to have or maintain the access to radio electrical spectrum will be judged. In 1960, the FCC established 14 elements which Television programming should comply with to reach the standards of public interest. The FCC has denied the renewal of licenses many times based on these standards or guidelines.

5. The Article 156 of the Venezuelan Constitution of 1999 and other articles of the Organic Law of Telecommunications give the Government the power to guarantee and regulate the access and use of the Television and Radio Electrical Spectrum. The Ministry of Telecommunications and Information is the institution in charge of guaranteeing access to operators of television and radio and evaluating operators' responsibilities toward public welfare. In summary, the right to access the radio electrical spectrum is weighed up with responsibilities concerning the public welfare. If a Company Operator does not comply with the responsibilities legally prescribed, it will lose its rights to access the use of the electrical spectrum.

6. Consequently, the Venezuelan Legislation does not establish automatic renewal of public airwaves licenses. Article 113 of the Venezuelan Constitution and Article 73 of the Organic Law on Telecommunications state the need for license renewal.

7. Public airwaves licenses have a duration period of 20 years, according to Article 210 of the Organic Law on Telecommunications and Decree No.1577 (Concession Rules for Television and Radio Stations).

8. The non-renewal of the license only affects RCTV broadcasting on public airwaves, but it does not affect the TV station's liberty to broadcast in Venezuela through Cable or Satellite. Neither does it affect the possibility of RCTV producing material for domestic or international TV programming

9. The reasons of the non-renewal are directly related to RCTV's non-abidement of the requirements established by the Venezuelan Constitution and the Law of Social Responsibility for Radio and Television, for public airwaves licensees, to not incite political violence and civil unrest. Such violations correspond to conspiracy to bring down the Constitutional Government of Venezuela on the occasion of the coup of April 2002 that provoked several deaths, and the active promotion of the oil sabotage of December 2002, which caused the country more than US$10 billion in losses. It also relates to a long history of sanctions against RCTV imposed by previous governments for reasons oscillating from pornography, violations of laws prohibiting publicity of Smoking and Alcohol drinking to transmissions of false information. In that last sense reference should be made to sanctions against RCTV dated 1976, 1980, 1981, 1984, 1989, and 1991.

10. The non-renewal of RCTV license is not an expression of censorship on private media. It must be noted that 79 of 81 TV stations and all 118 newspapers in Venezuela are privately owned. Moreover, 78% of the VHF frequencies and 82% of UHF the frequencies are in private hands. A majority of them are vehemently opposed to the democratically elected Government of President Hugo Chavez. Nonetheless, RCTV is unique in its excesses and its history of violations of the legal norms.

11. RCTV broadcasting airwaves license has be assigned, upon expiry, to a public broadcasting service that will present programmes by independent operators and producers.

12. This is what the General Secretary of the Organisation of the American States (OAS) José Miguel Insulza declared to the international press "It would be the Venezuelan Courts that resolve the dispute of the extension of the licence of RCTV", therefore reaffirming the exclusive competence of the Venezuelan Courts to decided this matter adhering to its laws.

13. We strongly recommend watching John Pilger's new film "The War on Democracy" (Lionsgate) that will be released in UK cinemas on Friday 15 June 2007. This film clearly shows how RCTV and other private media were instrumental in the coup against President Hugo Chavez in April 2002. We also recommend the film "The Revolution will not be Televised" produced by the Irish Film Board and broadcasted several times by BBC. Both documentaries are the best poof to support the reasons for the non renewal of RCTV's license.