Database

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VENEZUELA

Since November 2017

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Official Gazette No. 41,274: Constitutional Law Against Hate, for Peaceful Coexistence and Tolerance (Gaceta Oficial No. 41.274: Ley Constitucional Contra el Odio, por la Convivencia Pacífica y la Tolerancia)
Art. 14 of the Constitutional Law Against Hate for Peaceful Coexistence and Tolerance prohibits the dissemination of messages via social networks and electronic media that promote war or incite hatred based on national, racial, ethnic, religious, political, social, ideological, gender, sexual orientation, gender identity, gender expression, or any other form of discrimination, intolerance, or violence. As a result, entities managing social networks and electronic media are required to adhere strictly to this provision, taking appropriate measures to prevent the dissemination of such content. They must promptly remove any propaganda or message that contravenes this law.
Art. 22 of the law specifies that intermediaries who fail to remove messages containing war propaganda or promoting hate speech within six hours of dissemination will face sanctions ranging from 50,000 to 100,000 Tax Units (approx. USD 1,800 to USD 3,600, based on the December 2022 exchange rate published by the Venezuelan Central Bank, subject to change). In addition to criminal and civil liabilities, portals disseminating such messages may be blocked. This provision may be interpreted as imposing a monitoring obligation on intermediaries.
Coverage Internet intermediaries

VENEZUELA

Reported in 2022, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
The Venezuelan government reportedly regularly blocks digital media, VPNs and online platforms. Several private ISPs, such as Movistar and Digitel, continued to block news websites that had previously only been blocked by CANTV. A September 2023 report by VSF, covering 2022 and the first half of 2023, detailed widespread online censorship by the Venezuelan government. According to the report, at least 100 URLs of more than 70 websites were blocked in 2022, affecting independent media such as Efecto Cocuyo, Armando.info and El Pitazo, as well as international media such as Infobae and El Tiempo. In the first quarter of 2023, other sites, such as El Diario, were also blocked by CANTV.
Likewise, it is reported that during 2022, interruptions were reported on platforms such as SoundCloud and Reddit. Experts say censorship is becoming more sophisticated and complex to circumvent, requiring VPNs and anonymisation services. TunnelBear and Psiphon's domains remained blocked in 2022, and CANTV also blocked their API.
Coverage Websites and social media

VENEZUELA

Since November 2014

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
According to Art. 12 of Decree No. 1399, contracting entities are required to ensure the inclusion of goods and services produced in Venezuela by establishing objective evaluation criteria that prioritise these goods during the bid evaluation process.
Coverage Horizontal

VENEZUELA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Venezuela does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 2011. The Organic Telecommunications Law establishes in the Final Provisions (13th) that the regulations of this Law may provide for the obligation of telecommunications operators to separate their accounting by services in order to guarantee transparency in their operations and allow effective control by the Comisión Nacional de Telecomunicaciones (National Telecommunications Commission) and by the Superintendencia para la Promoción y Protección de la Libre Competencia (Superintendency for the Promotion and Protection of Free Competition), in accordance with the rules established for such purpose.
Coverage Telecommunications sector

VENEZUELA

Since November 2014

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 1399, whereby the Decree with Rank, Value and Force of Law on Public Procurement is issued (Decreto No. 1399, mediante el cual se dicta el Decreto Con Rango, Valor y Fuerza de Ley de Contrataciones Públicas)
Art. 113 of Decree No. 1399 stipulates that, for the selection of bids where the prices do not exceed 5% of the best-evaluated bid, preference shall be given to the bid that meets the following criteria:
- in the procurement of goods, the offer with the highest national added value;
- in the procurement of works and services, the bid submitted by a bidder whose leading domicile is in Venezuela has a greater incorporation of national parts and inputs and a greater participation of national human resources, including at the managerial level.
Once the above criteria have been applied, if the evaluation yields two or more bids with equal results, preference will be given to the bidder that has greater national participation in its capital.
Coverage Horizontal

VENEZUELA

Since February 2011

Pillar Telecom infrastructure & competition  |  Sub-pillar Licensing restrictions to operate in the telecom market
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
Art. 5 of the Organic Telecommunications Law provides that to establish or operate telecommunications networks and to provide telecommunications services, the prior obtaining of the corresponding administrative authorisation, concession or permit, if necessary, shall be required in the cases and conditions established by the legislation and the National Telecommunications Commission. The mentioned activities and services may be subject to quality parameters and special goals of uniform minimum coverage, as well as to the provision of services under preferential conditions of access and prices to certain public institutions.
Coverage Telecommunications sector

VENEZUELA

Reported in 2020, last reported in 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Complaints for lack of transparency in public procurement
It has been reported that there is a certain lack of transparency, opacity, and discretion in Venezuela's public procurement process.
Coverage Horizontal

VENEZUELA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Venezuela has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

VENEZUELA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Venezuela is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

VENEZUELA

Since May 2007

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Limits on investment in state-owned enterprise
The main fixed-line operator, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), is controlled by the Venezuelan government, and there is reportedly no foreign ownership. However, it is reported that full foreign ownership is permitted in the broader telecommunications sector.
Coverage Telecommunications sector

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
Art. 35 of the Constitutional Law of Productive Foreign Investment establishes that all foreign investment must comply with several conditions, among which is to contribute to national economic development. In this regard, Art. 40 states that the governing body has broad supervisory powers for the purpose of verifying compliance with this Constitutional Law.
Coverage Horizontal

VENEZUELA

Since December 2017

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Official Gazette No. 41,310: Constitutional Law of Productive Foreign Investment (Gaceta Oficial No. 41.310: Ley Constitucional de Inversión Extranjera Productiva)
Art. 19 of the Constitutional Law on Foreign Productive Investment establishes that in order to be registered, foreign investment must be for a minimum amount, CNY 6,500,000 or its equivalent in another foreign currency (approx. 940,000 USD).
Coverage Horizontal

VENEZUELA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Venezuela is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

VENEZUELA

Since October 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Official Gazette No. 4,638 Extraordinary: Copyright Law (Gaceta Oficial No. 4,638 Extraordinario: Ley Sobre el Derecho de Autor)
Venezuela has a copyright regime under the Law No. 4,638. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 44 outlines these exceptions, which include the use of works by non-profit libraries or archives, provided the copy is part of their permanent collection for preservation and replacement purposes, as well as the use of works for teaching or examination in educational institutions, provided there is no profit motive, among others.
Coverage Horizontal

VENEZUELA

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Venezuela. Piracy, including online piracy, unauthorised recording of cameras and the widespread use of unlicensed software, remains a persistent problem. There is reportedly concern regarding the lack of adequate and effective intellectual property (IP) protection and enforcement in general in the country.
Coverage Horizontal

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