(RSF/IFEX) – In a letter to Luis Miquilena, president of the National Constituent Assembly (Asamblea Nacional Constituyente, ANC), Robert Ménard, RSF’s secretary-general, “protests the National Constituent Assembly’s approval of an article that threatens press freedom.” The international organisation asks the ANC president “to use his influence such that Article 59 is rejected and the rights […]
(RSF/IFEX) – In a letter to Luis Miquilena, president of the National
Constituent Assembly (Asamblea Nacional Constituyente, ANC), Robert Ménard,
RSF’s secretary-general, “protests the National Constituent Assembly’s
approval of an article that threatens press freedom.” The international
organisation asks the ANC president “to use his influence such that Article
59 is rejected and the rights to freedom of expression, press freedom and
freedom to information are recognised in the Constitution without any
restrictions.” “Were this to be so, the new Constitution would be congruent
with Venezuela’s international commitments as regards press freedom,” Ménard
adds.
On 23 October 1999, the ANC approved Article 59, which establishes the right
“to timely, truthful, impartial and uncensored information”.
In RSF’s view, although this article rejects censorship, it allows for the
eventual control of information based on subjective criteria. To guarantee
the freedom to distribute information “of all kinds”, Article 13 of the
American Convention on Human Rights excludes any qualifying description of
the information that citizens have a right to.
The convention establishes that “the exercise of the right (to freedom of
expression)” can be subject to the media’s “further responsibilities”.
Nevetheless, these responsibilities, “which should be expressly stated in
law”, can only be brought into question when the incriminating articles are
an assault on “the respect of others’ rights or reputation” or “the
protection of national security, law and order, public health or morality”.