The law provides for freedom of speech and press; however, the combination of laws and regulations governing libel and media content, as well as legal harassment and physical intimidation of individuals and the media, resulted in practical limitations on these freedoms. National and international groups, such as Reporters without Borders, the Inter American Press Association, and the Committee to Protect Journalists, condemned government efforts throughout the year to restrict press freedom and create a climate of fear and self-censorship.

The NGO Press and Society Institute (IPYS) reported that the government committed 254 violations of freedom of expression during the first six months of the year, a 68 percent increase from the same time in 2012.

Freedom of Speech: The law makes insulting the president punishable by six to 30 months in prison without bail, with lesser penalties for insulting lower-ranking officials. Comments exposing another person to public contempt or hatred are punishable by one-to-three-year prison sentences and fines starting at Bs 55 ($8.73).

The government took reprisals against individuals who publicly expressed criticism of the president or government policy. For example, on July 11, a local court subpoenaed journalist Nelson Bocaranda to respond to claims that he had incited violence after the April 14 elections. On April 15, Bocaranda tweeted that election officials stored ballot boxes in the Cuban-government-staffed Integrated Diagnostic Center (CDI) in Maracaibo, Zulia. Government officials alleged Bocaranda’s tweets motivated opposition protesters to attack the CDI center and held him responsible for the injuries of 25 Cuban medical personnel. Government critics claimed charges against Bocaranda were unfounded and were retaliation for Bocaranda’s past reports about the president Chavez’s cancer.

Press Freedoms: The law provides that inaccurate reporting that disturbs the public peace is punishable by prison terms of two to five years. The requirement that media disseminate only “true” information was undefined and open to politically motivated interpretation. As of November 12, IPYS reported 228 violations of freedom of the press.

The Law of Social Responsibility for Radio and Television and the Organic Law for Telecommunications prohibit all media from disseminating messages that incite or promote hate or intolerance for religious, political, gender-related, racial, or xenophobic reasons; incite, promote, or condone criminal acts; constitute war propaganda; foment anxiety in the population or affect public order; do not recognize legitimate government authorities; incite homicide; or incite or promote disobedience to the established legal order. Penalties range from fines to the revocation of licenses.

The law declares telecommunications a “public interest service,” thereby giving the state greater authority to regulate the content and structure of the radio, television, and audiovisual production sectors. The law provides that the government can suspend or revoke licenses when it judges such action necessary to the interests of the nation, public order, or security. The telecommunications law empowers the government to impose heavy fines and cancel broadcasts for violations of its norms, and the National Telecommunications Commission (CONATEL) oversees the law’s application.

On March 11, Globovision--the country’s only opposition-oriented 24-hour news channel--was sold to businessmen Juan Cordero, Raul Gorrin, and Gustavo Perdomo. On September 30, CONATEL opened an administrative investigation against Globovision for reporting on food and automobile shortages in the country. CONATEL asserted the investigative report intended to generate anxiety among the population. If found guilty, the channel could face a fine of up to 10 percent of its gross income from the previous year. There remained eight pending administrative investigations and six pending fines against Globovision at year’s end.

On July 27, the attorney general requested that a Caracas court freeze the bank accounts of Miguel Henrique Otero, editor of the opposition-leaning newspaper El Nacional. The Attorney General’s Office released a statement alleging that the action related to an illegal enrichment investigation from 2003. In another judicial procedure against El Nacional, a Caracas court fined the newspapers El Nacional and Tal Cual for publishing photographs in 2010 of piles of bodies in the city morgue. The fine was equivalent to 1 percent of the newspapers’ 2009 gross income. IPYS stated that both cases against El Nacional were efforts to criminalize media that were critical of the government. El Nacional and Tal Cual were appealing the fine at year’s end.

The law requires that practicing journalists have journalism degrees and be members of the National College of Journalists, and it prescribes jail terms of three to six months for those practicing illegally. These requirements are waived for foreigners and opinion columnists.

Violence and Harassment: Senior national and state government leaders continued to harass and intimidate privately owned and opposition-oriented television stations, media outlets, and journalists throughout the year using threats, property seizures, administrative and criminal investigations, and prosecutions. Government officials, including the president, used government-controlled media outlets to accuse private media owners, directors, and reporters of fomenting antigovernment destabilization campaigns and coup attempts.

The NGO Public Space reported that the government was responsible for 258 violations of freedom of expression between January and November, 177 of which involved physical attacks, threats, and intimidation against journalists. As a notable example of such attacks, on March 5, individuals attacked Carmen Andrea Rengifo, a reporter from the Colombian television channel RCN, while she covered the events immediately following President Hugo Chavez’s death. Attackers reportedly beat her and her cameraman, kicked them, and then chased them out of the military hospital (where President Chavez reportedly died). Attackers reportedly mistook her for an employee of an “anti-Chavez” television station.

Censorship or Content Restrictions: According to a study conducted by IPYS, the government exerted increased pressure during the year on the independent media through administrative, financial, and legal means to influence their editorial positions. IPYS stated that legal proceedings, financial sanctions, and administrative actions against news outlets incurred lower political costs than shutting down news outlets directly. Members of the independent media privately said they regularly engaged in self-censorship due to fear of government reprisal. Public Space reported that between January and November, there were 71 cases involving censorship, compared with 53 cases for all of 2012. In addition, Public Space reported harassment of the media through legal means increased by 246 percent, as did cases of intimidation (124 percent), between January and November.

State-owned media provided almost continuous progovernment programming. In addition, private and public radio and television stations were required to transmit mandatory nationwide broadcasts throughout the year. Public Space reported that during the first seven months of the year, there were 90 hours and 27 minutes of mandatory broadcasts. Most broadcasts were progovernment propaganda on economic, political, and military issues. President Maduro used mandatory broadcasts 87 times totaling 538 minutes through public and private television and radio between April 15 and November 15. On September 9, President Maduro announced that government activities and initiatives would be transmitted twice a day through mandatory nationwide broadcasts.

While the country’s major newspapers were independently owned, some print media tended to exercise caution to secure government advertising.

On July 23, a Bolivar state court censured the regional newspaper Correo del Caroni in Bolivar state for publishing news on a corruption scandal within the government-run company Ferrominera. The scandal reportedly involved high-level government and security officials and businessman Jamal Mustafa, who were affiliated with Ferrominera. In addition, the court admitted a civil case by Jamal Mustafa against Correo del Caroni owner David Natera for libel and defamation. A court order prevented the newspaper from publishing anything related to Jamal Mustafa and the corruption investigation until the civil case was resolved. No hearing was scheduled at year’s end.

On July 30, Leocenis Garcia, editor and owner of the opposition-oriented weekly newspaper Sexto Poder, was arrested and charged with tax fraud and money laundering. The Public Ministry and local court ordered the closing of Sexto Poder and the freezing of Garcia’s other assets during the investigation. On September 4, Garcia’s attorneys complained the court refused to permit them to review the evidence and charges against their client. After a hunger strike, Garcia was transferred to a military hospital and remained in detention pending a trial date.

The government also exercised control over content through licensing and broadcasting requirements. CONATEL acted selectively on applications from private broadcasters for renewal of their broadcast frequencies. Public Space reported that many station owners requested renewed licenses, but CONATEL did not respond in a timely manner and then punished the radio stations by sanctioning them or refusing to renew their licenses.

Libel Laws/National Security: On October 9, the government sought to exercise control over the press through the creation of a new government entity known as the Strategic Center for Security and Protection of the Homeland (CESPPA), which was similar to the government entity Center for National Situational Studies (CESNA), established in 2010. CESNA and CESPPA have similar mandates and are responsible for “compiling, processing, analyzing, and classifying” both government-released and other public information with the objective of “protecting the interests and objectives of the state.” The TSJ took no further action at year’s end on a complaint filed by NGOs in March 2012 seeking the annulment of CESNA. On October 15, opposition leaders from the political party COPEI filed a similar complaint to the TSJ against CESPPA, but the TSJ had taken no action at year’s end.

Nongovernmental Impact: The widespread violence in the country made it difficult to determine whether attacks against journalists resulted from common criminal activity or whether criminals or others targeted members of the media.

The law provides that all private and public sector workers (except armed forces members) have the right to form and join unions of their choice, and it provides for collective bargaining and the right to strike. The law, however, places several restrictions on these rights. Minimum membership requirements for unions differ based on the type of union. A minimum of 20 workers is required to form a company union; 40 workers in the same field to form a professional, industrial, or sectoral union in one jurisdiction; and 150 workers to form a regional or national union. Ten people can form an employers’ association, a parallel type of representation endorsed and openly supported by the government.

The law prohibits “any act of discrimination or interference contrary to the exercise” of workers’ right to unionize. The law requires that all unions must provide the Ministry of Labor a full membership roster that includes the full name, home address, telephone number, and national identification number for each union member. The ministry reviews the registration and determines whether the union fulfilled all requirements. Unions must submit their registration logs by December 31; if not received by the ministry or if the ministry considers the registration unsatisfactory, the union will cease to exist. Organized labor activists reported the process is onerous and infringes on freedom of association. The International Labor Organization (ILO) noted that, except in cases where members decided voluntarily to provide their data for the purposes of the deduction of their trade union dues, the trade union membership of workers should not be communicated to either the employer or authorities.

Under the law, employers may negotiate a collective contract only with the union that represents the majority of their workers. Minority organizations cannot jointly negotiate in cases where no union represents an absolute majority. The law also places a number of restrictions on unions’ ability to administer their activities. For example, the CNE has the authority to administer internal elections of labor unions, federations, and confederations. By law elections must be held at least every three years. If CNE-administered and -certified elections are not held within this period, the law prohibits union leaders from representing workers in negotiations or engaging in anything beyond administrative tasks.

The law recognizes the right of all public and private sector workers to strike, subject to conditions established by law. By law workers participating in legal strikes receive immunity from prosecution, and their time-in-service may not be reduced by the time engaged in a strike. The law requires that striking workers be re-incorporated and provides for prison terms of six to 15 months for employers who fail to do so. Replacement workers are not permitted during legal strikes.

The law also prohibits striking workers from paralyzing the production or provision of essential public goods and services. The minister of labor and social security may order public or private sector strikers back to work and submit their disputes to arbitration if the strike “puts in immediate danger the lives or security of all or part of the population.” Other laws establish criminal penalties for the exercise of the right to strike in certain circumstances. For example, the law prohibits and punishes with a five- to 10-year prison sentence anyone who “organizes, supports, or instigates the realization of activities within security zones that are intended to disturb or affect the organization and functioning of military installations, public services, industries and basic [mining] enterprises, or the social-economic life of the country.” In addition, the law provides for prison terms of two to six years and six to 10 years, respectively, for those who restrict the distribution of goods and for “those … who develop or carry out actions or omissions that impede, either directly or indirectly, the production, manufacture, import, storing, transport, distribution, and commercialization of goods.” Labor activists were charged under these provisions as well as under provisions for “instigation to commit a crime,” “blocking public access,” and restriction of the “right to work.”

The ILO reiterated its call on the government to amend the law to exclude from the definition of “essential services” activities “that are not essential in the strict sense of the term … [and] so that in no event may criminal sanctions be imposed in cases of peaceful strikes.”

The government placed restrictions on the freedom of association and right to collective bargaining through administrative and legal mechanisms. Labor unions in both the private and public sectors noted long delays in obtaining CNE concurrence to hold elections and in receiving certification of the election results, which hindered unions’ ability to bargain collectively because union leaders were not permitted to represent workers in negotiations. The ILO noted that trade unions’ elections are an internal matter for trade unions in which authorities should not interfere. The ILO said it repeatedly found cases of interference in trade union elections by the CNE.

According to PROVEA, “large sectors of national, state, and municipal public administrations and an important number of state enterprises continued to refuse to discuss collective agreements.” According to labor group Autonomous Front in Defense of Employment, Wages, and Unions (FADESS), there were more than 400 expired public sector union contracts nationwide. The ILO requested the government provide information about reports that the majority of collective-bargaining agreements in the public sector had expired (some more than three years ago) but were being applied without being legally valid, with the right to collective bargaining denied due to invocation by authorities of “overdue elections” (not convoking or concluding the electoral process).

In addition, the government continued to support many “parallel” unions, which sought to dilute the membership and effectiveness of traditional, independent unions. In general these government-supported unions were not subject to the same government scrutiny and requirements regarding leadership elections. The ILO again requested the government investigate allegations of government favoritism and promotion of parallel employers’ organizations.

The Venezuelan Observatory for Social Conflict (OVCS) reported that during the first six months of the year, there were 569 labor rights-related protests related to increased pay and benefits, the need for collective bargaining agreements, and declining workplace conditions. The government prosecuted and punished union leaders and members for peaceful protests in defense of their labor rights. The OVCS and local media cited a 55-day work stoppage and protest by workers at the state-owned iron ore company Ferrominera Orinoco for reinstatement of dismissed employees. Although the government sent military forces to the protest site reportedly to intimidate protesters and end the protest, the government later ordered the troops to leave the site, and government and company officials met with workers to negotiate a settlement to end the protest.

On November 8, after a series of postponements, a Caracas court began hearing witness testimony on the case of union leader Ruben Gonzalez, who was appealing his 2011 conviction for his role in organizing a 2009 strike at Ferrominera Orinoco. The strike had been called to protest the company’s alleged failure to pay overdue wages and comply with other elements of the collective agreement. The government conditionally released Gonzalez in 2011 following protests by labor activists and students. The ILO recommended that the state-run industry and the union continue collective-bargaining discussions and sign an agreement. The ILO expressed regret that the government had not provided information from the appropriate judicial authority acknowledging that Gonzalez and other protesters had been involved in a peaceful protest calling for the enforcement of the collective-bargaining agreement.

The government continued to refuse to adjudicate or otherwise resolve the cases of 19,000 PDVSA employees fired during and after the 2002-03 national strike. The Ministry of Labor continued to deny registration to UNAPETROL, a union composed of these workers.

Union leaders were subject to violent attacks. The lack of effective investigations made determining the motive for the killings difficult. According to OVCS and PROVEA, most violent crimes between and against union workers were not investigated by the government and few were solved. PROVEA reported that less than 5 percent of the cases had been investigated. The ILO requested the government to establish a national tripartite committee on situations of violence and provide information on the findings of the investigations carried out by the national prosecutor appointed to investigate all cases of violence against trade union leaders and members.

Following the April 14 presidential election, the media reported public employees had been fired for supporting the opposition’s candidate, Henrique Capriles. On May 1, the independent Venezuelan Workers Confederation (CGT) announced it had submitted an official complaint to the ILO to protest the government’s illegal dismissals of public employees for political reasons. On May 14, opposition coalition officials stated they had received an estimated 5,000 complaints nationwide of politically motivated dismissals of public employees.