V e n e z u e l a

1. CONSTITUTIONAL FRAMEWORK

With the entry into effect of the new Political Constitution of the Bolivarian Republic of Venezuela - that is, with its official publication on December 31, 1999 - new constitutional provisions concerning freedom of expression and of the press and relating to the news media came into force.

Article 57 states that "Everyone has a right to freely express his thoughts, ideas or opinions out loud, in writing or by any other means of expression, and to in order to do so use any means of communication and dissemination, without censorship. Anyone making use of this right assumes full responsibility for everything that is expressed. Anonymity is not permitted, neither is war propaganda, discriminatory utterances nor those that promote religious intolerance.

"Censorship by male or female public officials is prohibited, in order that they give account of matters under their responsibility."

Article 58 declares that "communication is free and plural and carries with it the duties and responsibilities indicated under the law. Everyone has a right to opportune, truthful and unbiased information, without censorship, in accordance with the principles of this Constitution, as well as the right of reply and rectification when the object of an inaccurate or offensive report. Boys, girls and adolescents have a right to receive information appropriate to their integral development."

Regarding what the many drafters have called "very personal rights," Article 60 contains a provision that "everyone has the right to protect his good name, privacy, intimacy, self image, confidentiality and reputation.

"The use of computing shall be limited under the law in order to guarantee the personal and family honor and privacy of the citizens and the full exercise of their rights."

As for the news media, Article 101 states that "the State shall guarantee the emission, reception and circulation of cultural information. The news media have the duty to contribute to the dissemination of traditional values and the work of artists, writers, composers, filmmakers, scientists and other the nation's other culturally creative people. The television media shall be required to include sub-titles and sign language for the hard-of-hearing. The law shall determine the terms and forms of these obligations."

Article 108 states that "public and private news media must contribute to the development of citizens. The State shall guarantee public services of radio, television and networks of libraries and databases, with the aim of enabling universal access to information. Educational centers must incorporate the teaching and application of new technologies and innovations, as may be required under the law."

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