(snip)
When Patrick McElwee of the U.S.-based group Just Foreign Policy interviewed representatives of Human Rights Watch, Reporters Without Borders and the Committee to Protect Journalists—all groups that have condemned Venezuela's action in denying RCTV's license renewal—he found that none of the spokespersons thought broadcasters were automatically entitled to license renewals, though none of them thought RCTV's actions in support of the coup should have resulted in the station having its license renewal denied. This led McElwee to wonder, based on the rights groups' arguments, "Could it be that governments like Venezuela have the theoretical right to not to renew a broadcast license, but that no responsible government would ever do it?"
McElwee acknowledged the critics' point that some form of due process should have been involved in the decisions, but explained that laws preexisting Chávez's presidency placed licensing decision with the executive branch, with no real provisions for a hearings process: "Unfortunately, this is what the law, first enacted in 1987, long before Chávez entered the political scene, allows. It charges the executive branch with decisions about license renewal, but does not seem to require any administrative hearing. The law should be changed, but at the current moment when broadcast licenses are up for renewal, it is the prevailing law and thus lays out the framework in which decisions are made."
Government actions weighing on journalism and broadcast licensing deserve strong scrutiny. However, on the central question of whether a government is bound to renew the license of a broadcaster when that broadcaster had been involved in a coup against the democratically elected government, the answer should be clear, as McElwee concludes:
The RCTV case is not about censorship of political opinion. It is about the government, through a flawed process, declining to renew a broadcast license to a company that would not get a license in other democracies, including the United States. In fact, it is frankly amazing that this company has been allowed to broadcast for 5 years after the coup, and that the Chávez government waited until its license expired to end its use of the public airwaves.http://www.fair.org/index.php?page=3107