WILMap: Venezuela


LEGISLATION

Ley de Responsabilidad Social en Radio Televisión y Medios Electrónicos [ResorteME] [Law of Social Responsability in RadioTelevision and Electronic Media], Official Gazzette No. 39.579, December 22, 2012
 
[In December 2010, the National Assembly of Venezuela adopted a reform of the Law of Social Responsibility in Radio and Television, extending regulation to online and electronic media.
 
(1) Under the amended law, websites may be fined for content posted by a third party and Internet Service Providers (ISPs) who do not respond to government inquiries risk high fines and temporary suspension of operations (Articles 27 and 28).
 
(2) This law empowers the regulatory entity "Comisión Nacional de Telecomunicaciones de Venezuela (Conatel) [Venezuelan National Commission of Telecommunications]" to open "administrative procedures" against ISPs. Administrative procedures do not involve lawsuits and judicial review, those are instructions given by Conatel that ISPs must comply under severe penalties imposed by the ResorteMe law.]
 

Administrative Regulations

Regulatory Entity: Comisión Nacional de Telecomunicaciones de Venezuela (Conatel) [Venezuelan National Commission of Telecommunications]
 
[Under ResorteMe, the regulatory entity Conatel is entitled to open "administrative procedures" against ISPs. Administrative procedures do not involve lawsuits and judicial review, those are instructions given by Conatel that ISPs must comply under severe penalties imposed by the ResorteMe law.]

BILLS AND PENDING PROPOSALS

[There are currently no known new legislative proposals on the issue of intermediary liability.] 

DECISIONS

[There are currently no known cases that have been brought before the courts on the issue of intermediary liability. However, with ResorteME as the legal basis, the regulatory entity Conatel opened "administrative procedures" against ISPs (see below). Administrative procedures do not involve lawsuits, those are instructions given by Conatel that ISPs must comply under severe penalties imposed by the ResorteMe law.
 

Administrative procedures

Conatel, Administrative Procedure, October 10, 2014
 
[The National Telecommunications Commission (Conatel) ordered the blocking of Infobae website which operates in Argentina, arguing the dissemination of images of deputy Robert Serra who was murdered on October the 1st. The information was released through Conatel president, William Castillo: "Following instructions, due to serious violations of the laws of Venezuela, Conatel has ordered the blocking of the Infobae portal". The official did not specify what law and/or articles were violated nor if any legal proceedings would follow, but since his statement the site is inaccessible from Venezuela.]
 
Conatel, Administrative Procedure, March 2014
 
[In March 2014, Conatel demanded that the ISPs block websites that illegally trade wildlife, basing this demand on a decision made by a court in Caracas. In spite of the queries made by some organizations and individuals, obtaining reliable information about this procedure has been not possible. The affected ISPs did not make any public statements.]
 
Conatel, Administrative Procedure, November 2013 
 
[Conatel opened administrative procedures against 8 ISPs. Those ISPs hosted information portals where the cost of the black market dollar was published (Venezuela has a foreign currency exchange control policy and this is forbidden by a special law). In spite of the queries made by some organizations and individuals, obtaining reliable information about this procedure has been not possible. The affected ISPs did not make any public statements.]

OTHER RESOURCES

Comisión Nacional de Telecomunicaciones de Venezuela (Conatel) [Venezuelan National Commission of Telecommunications], http://www.conatel.gob.ve

CONTRIBUTORS

Raisa Urribarri
Laboratorio de Investigación Educativa, Universidad de Los Andes, Venezuela
Email: uraiza at ula.ve

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