BY TIM JOHNSON
CARACAS -- If any case illustrates the fragility of press freedom
in Venezuela
these days, it may be the criminal-defamation suit against Pablo
Lopez and his
weekly newspaper of political chatter and occasional muckraking
articles.
Lopez is under legal attack for his reporting of questionable
deals with the
government by the childhood friend and chief financier of President
Hugo Chavez.
If the 44-year-old publisher loses, he might be thrown in jail
and barred from
journalism forever. He would also probably lose control of his
publication.
Such dire consequences are a sign of the high-stakes showdown
between the
Chavez government and some of the nation's media. Chavez, a former
army
paratroop commander, says that his ``peaceful revolution'' fully
respects freedom
of speech. But he has taken to browbeating reporters and editors
in public who do
not support his political crusade. And some of his aides have
used the threat of
tax audits against newspaper publishers, forcing the ouster of
at least one
high-profile editor.
``The president uses intimidating language against the media,''
said Juan Carlos
Zapata, former deputy editor of the newspaper El Mundo. ``Criticism
and freedom
of speech are beginning to bother the government.''
Watchdogs fear that the intent of defamation charges is to destroy
critical media
with huge punitive damage awards, rather than to obtain rectification.
``Libel cases are being used by people in positions of financial
strength and close
to those in power,'' said Andres Mata, publisher of the influential
newspaper El
Universal and head of the Venezuelan Publishers Association.
Other journalists say they are increasingly feeling the hand of government.
In late December, a bold and unrelenting critic of Chavez, Teodoro
Petkoff, was
forced out as editor of El Mundo when government authorities
threatened to
retaliate against the publisher's family in an inheritance tax
dispute.
In another case with political overtones, judges ordered the arrest
of a magazine
publisher and a reporter on defamation charges even though the
statute of
limitations had expired. The publisher of Exceso magazine, Ben
Ami Fihman, fled
the country, and the reporter, Faith Nahmens, has gone into hiding.
``The intent is to destroy the medium, not to get rectification,''
said one prominent
journalist, who asked not to be named.
LEGAL WEAPON
Under Venezuelan law, a journalist who is convicted of libel can
no longer practice
the profession.
The weekly that Pablo Lopez publishes, La Razon, is a gossipy
broadsheet, filled
with tart political tidbits, often of sketchy origin, and occasional
investigative
efforts. Its home is a rundown basement. As recently as last
year, La Razon
could barely find a spot on sidewalk kiosks, publishing only
17,000 copies a
week.
Ironically, La Razon was once seen as ardently pro-Chavez. Before
Chavez came
to office 13 months ago, he wrote a regular column for the weekly.
But Lopez
refused to sell the weekly to Chavez supporters or offer it as
an unconditional
outlet for the candidate's views.
In the past year, La Razon has published numerous stories about
Tobias Carrero
Nacar, a multimillionaire insurance magnate who grew up with
Chavez in the
provincial city of Barinas and helped finance his political career.
In opinion
columns often laced with sarcasm, the weekly suggested that Carrero
was
winning favorable -- and profitable -- treatment from friends
in the Chavez
government.
It said his firm, Multinacional de Seguros, had won numerous insurance
contracts
from government agencies, and that he had set up four front companies
to capture
a bid last September for 10 government-owned radio stations.
LAWSUIT FILED
In October, Carrero filed his criminal-defamation suit against
La Razon columnist
Santiago Alcala and against Lopez.
Carrero declined requests for an interview, and a marketing executive
at the
insurance company, who declined to be named, said: ``Our position
will become
clear once the hearing begins March 17.''
Some fellow journalists have qualms about the fairness of some
of La Razon's
reporting, but they sympathize with Lopez's charge that he won't
get a fair legal
hearing. Lopez said Carrero has too many friends in powerful
places.
While Carrero holds no government position, his close friendship
with Chavez is
widely known. Carrero's wife has reportedly used their private
plane to take
Chavez's wife, Marisabel, on shopping trips to South Florida.
Carrero's former legal advisor, Franklin Ariechi, is now deputy
chief magistrate of
the Supreme Court, where the defamation case may eventually be
heard. A
onetime business partner, Manuel Quijada, heads a powerful committee
reorganizing the judiciary. And Luis Miquilena, current head
of the temporary
legislature, is a close friend and onetime business partner.
``What judge is going to issue a verdict against this cast of
characters? Against
the chief financier of Chavez? Against the head of the National
Legislative
Commission?'' Lopez asked.
Given his allies, Carrero is confident of success at trial.
`A DECENT FIGHT'
``I will fight in the only place to have a decent fight -- the
tribunals,'' he told the
news weekly Quinto Dia, of which he is part owner.
The defamation suit took on a larger dimension a month ago, when
one of the
prominent fellow army officers who joined Chavez in a failed
coup attempt in 1992
claimed that corruption was corroding his government. The retired
officer, Jesus
Urdaneta, who served for nearly a year as head of the secret
police, filed several
dozen criminal accusations with the attorney general's office,
some of which
appeared to substantiate the reporting in La Razon.
``All that we've been saying for the past year -- that all the
old vices of previous
governments continue -- is now turning out to be true,'' Lopez
said.
As if legal pressure weren't enough, Lopez also has been the subject
of an
apparent smear campaign. The newspaper El Mundo, now sympathetic
to the
government, published a front-page story Jan. 24 suggesting that
Lopez had
raped a retarded adolescent, a charge he calls preposterous.
``This is turning into a laboratory for dirty war,'' he said.
Copyright 2000 Miami Herald