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Administrative Decision

Conatel, Administrative Procedure

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.

General Resources - Venezuela

Comisión Nacional de Telecomunicaciones de Venezuela (Conatel) Venezuelan National Commission of Telecommunications, http://www.conatel.gob.ve Freedom House, Freedom on the Net, Venezuela, http://www.freedomhouse.org/report/freedom-net/2013/venezuela#.U9BdWkCTErM

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

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.

Copyright Act, Chapter 26:01, January 1st, 1967

( 1 ) Section 5(4) lists the acts restricted by copyright law with regard to a literary, dramatic or musical work. These restrictions entail “reproducing the work in any material form, publishing the work, performing the work in public, broadcasting the work, causing the work to be transmitted to subscribers to a diffusion service and making any adaption of the work.” ( 2 ) Section 57 makes anyone found guilty under the Copyright Act liable to the payment of a fine. ( 3 ) Section 58(3) states that “…no copyright or right in the nature of copy right shall subsist otherwise than by virtue of this Act or some other enactment in that behalf.”