For those that like to argue that RCTV was shut down because the law said so, let me remind you that the company went to the Supreme Court in 2007 to contest the shutdown of its air wave concession and has yet to hear from any of the suits and injunctions that have been brought to in fron of the Highest Court of the land since then. Some “Justice”, no?
Which brings us to the curent case, in which PSF’s and fanatics also parrot all the stuff about the “Law” and “legality” in a country in which this is quite rare, if it exists at all.
And yesterday RCTV Internacional’s lawyers went to the Supreme Court once again to appeal the decision by CONATEL, not that they necessarily expect an answer, given the recent history of the biased Supreme Court (controlled?)
The legal argument is quite simple if you are willing to take the time, even my favorite PSF’s and trolls should be able to understand them, if they bother to read them, which I doubt:
First of all, the “Law” did not include any provisions for cable and satellite operators. These are regulations created “a posteriori” by the regulator that defined what is a national broadcaster or not. As you know, they said that if a company produces more than 70% of its content, it is consider “National” and has to carry Chávez long and boring speeches whenever he feels he has to tells us something, however inmaterial.
This arbitrary regulation was decreed on December 22nd. 2009. Because Art. 24 of the Venezuelan Constitution says very clearly: No legalislative disposition can have a retroactive effect, then, this became the law or the regulation only on that date,not earlier. It would be illegal to apply it earlier.
But RCTV Internacional was shut down on Jan. 23d. based on Conatel’s evaluation on the 90 days prior to the shut down, despite the fact that since Dec. 22nd. RCTV Internacional has broadcast less than the 70% of its programming made in Venezuela, in order to be considered an international cable or satellite channel and thus not be required (by LAW!) to broadcast Chávez’ “Cadenas”.
In fact, despite the claim by the Minister of Telecommunications that RCTV has not gone to the regulator, on Jan. 13th. RCTV laywers handed in 5 boxes of documentation showing that RCTV has adjusted its programming, so as not to be considered a national broadcaster.
But Chavismo is not known for its respect of its own Constitution or the Law, just for the fanatical parroting of the official line (As given by the Dictator) without any thought or interpretation.
The question is whether we will ever hear or not from the Supreme Court. Call me skeptical, but I doubt it, not as long as Chávez controls the destinty of all of its members.