The proposed reform of the Law against Hate replaces sentences of 10 to 20 years in prison with fines in bolivars. The sanctions are equivalent to between 500 and 10,000 times the exchange rate of the highest value currency set by the Central Bank of Venezuela (BCV).
In this sense, violations cover hate speech, incitement to war, harassment and messages with discriminatory or violent content. While the Ministry of Interior Relations, Justice and Peace will determine the amount of the fines considering the seriousness of the offense, the scope and means used, the intentionality, the economic benefit derived and recidivism.
Sanctions
Likewise, the project requires the opening of a formal file proportional to the violation. Upon ratifying the sanction, the offender is given 30 days to pay the fine in the public bank. You must use an official form issued with the resolution.
The ministry may replace the fines with alternative penalties of 200 to 600 hours of community work. Also for training in programs aimed at the culture of peace. In addition, those sanctioned may file a claim for annulment before the contentious-administrative jurisdiction within a period of 30 continuous days.
The reform also modifies the name of the Constitutional Law against Hate for Peaceful Coexistence and Tolerance for Law for Democratic Coexistence, Peace and Tolerance.
It also contemplates the creation of a Commission for the Promotion and Guarantee of Coexistence. It will be made up of three deputies, four ministers, the highest authorities of the TSJ, the Attorney General’s Office, the Ombudsman’s Office and the Public Defense, a rector of the CNE and three delegates from social organizations.
On the other hand, it is clarified that journalistic work, freedom of expression and political opinions will not be considered hate speech. This, as long as they do not contain a direct and unequivocal incitement to carry out violent or criminal acts.
Media
In addition, obliges radio, television and print media service providers to promote democratic coexistence, peace, tolerance and respect for diversity. To comply, the State may require said media to transmit this type of messages for a period of up to 30 minutes per week. Failure to comply or broadcast prohibited content will give rise to administrative procedures.
It should be noted that this responsibility also extends to digital platforms. While those who manage social networks and electronic media must adopt preventive measures to avoid the dissemination of war propaganda or messages that incite hatred, discrimination, intolerance or violence.
They are also required to immediately remove any content that violates these prohibitions. The State will supervise compliance with these measures in print, audiovisual and digital media.
