VENEZUELA
Since November 2017
Pillar Intermediary liability |
Indicator Monitoring requirement
Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance (Ley Constitucional Contra el Odio, por la Convivencia Pacifica 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.
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
Sources
- https://web.archive.org/web/20210905191354/http://historico.tsj.gob.ve/gaceta/noviembre/8112017/8112017-5076.pdf#page=2
- https://web.archive.org/web/20240610100531/https://wilmap.stanford.edu/entries/constitutional-law-against-hatred-tolerance-and-peaceful-coexistence
- https://web.archive.org/web/20230921190231/https://freedomhouse.org/country/venezuela/freedom-net/2022
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VENEZUELA
Since November 2024, entry into force in November 2024
Pillar Intermediary liability |
Indicator Monitoring requirement
Organic Law of the Liberator Simón Bolívar Against Imperialist Blockade and in Defence of the Bolivarian Republic of Venezuela (Ley Orgánica Libertador Simón Bolívar contra el Bloqueo Imperialista y en Defensa de la República Bolivariana de Venezuela)
Art. 21 of the "Organic Law of the Liberator Simón Bolívar Against the Imperialist Blockade and in Defence of the Bolivarian Republic of Venezuela" stipulates that electronic media and social networks disseminating advertising, propaganda, or messages that promote the imposition of unilateral coercive measures, or other restrictive or punitive actions affecting Venezuela, shall be subject to fines. In the case of digital platforms, the relevant authorities may additionally revoke or refuse authorisation to operate within the country. The sanctions established in this article shall be applied without prejudice to any applicable criminal penalties.
Coverage Electronic media, social networks and digital platforms
VENEZUELA
Since November 2017
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance (Ley Constitucional Contra el Odio, por la Convivencia Pacifica y la Tolerancia)
Art. 22 of the "Constitutional Law Against Hatred, for Peaceful Coexistence and Tolerance" stipulates that, in the context of social networks and electronic media, the failure to remove within six hours any messages that constitute propaganda in favour of war or the advocacy of national, racial, religious, political or other forms of hatred shall result in the blocking of the relevant platforms.
It is reported that, as of August 2025, one year had passed since the blocking of the social network X and the messaging application Signal in Venezuela. Between 7 January and 5 February 2025, at least nine internet service providers restricted access to TikTok, and on 9 January 2025, the state-owned telecommunications provider CANTV imposed a DNS block on Canva, a major web-based design platform, for at least twelve hours. During the same month, Telegram was also subjected to blocking by major providers. In 2025, 61 news websites remain inaccessible. Although several restrictions originated in previous years, new blocks were documented in 2025, including the blocking of the website of the Spanish news agency EFE on 22 March. The government has simultaneously intensified restrictions on censorship circumvention tools such as VPNs, the Tor network and public DNS services, with 58 new cases recorded between 4 July 2024 and 31 January 2025, comprising 26 VPN service websites, the Tor Project website and 30 public DNS servers. In the early hours of 9 January 2025, the country’s principal internet service providers blocked the websites of at least 21 VPN services, in addition to others blocked in preceding days, following orders issued by CONATEL, the governmental body responsible for regulating, supervising and overseeing telecommunications in Venezuela.
It is reported that, as of August 2025, one year had passed since the blocking of the social network X and the messaging application Signal in Venezuela. Between 7 January and 5 February 2025, at least nine internet service providers restricted access to TikTok, and on 9 January 2025, the state-owned telecommunications provider CANTV imposed a DNS block on Canva, a major web-based design platform, for at least twelve hours. During the same month, Telegram was also subjected to blocking by major providers. In 2025, 61 news websites remain inaccessible. Although several restrictions originated in previous years, new blocks were documented in 2025, including the blocking of the website of the Spanish news agency EFE on 22 March. The government has simultaneously intensified restrictions on censorship circumvention tools such as VPNs, the Tor network and public DNS services, with 58 new cases recorded between 4 July 2024 and 31 January 2025, comprising 26 VPN service websites, the Tor Project website and 30 public DNS servers. In the early hours of 9 January 2025, the country’s principal internet service providers blocked the websites of at least 21 VPN services, in addition to others blocked in preceding days, following orders issued by CONATEL, the governmental body responsible for regulating, supervising and overseeing telecommunications in Venezuela.
Coverage Social networks, electronic media, VPNs, and Canva
Sources
VENEZUELA
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Venezuela for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
VENEZUELA
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Open and transparent standard-setting process
Lack of participation of foreign businesses in standard-setting bodies and of a transparent standards regime
Venezuela’s new laws, resolutions, decrees, government appointments, and other official data are published in the Official Gazette. It is reported that the Gazette does not publish anything similar to notices of proposed rulemaking, so there is no regular official mechanism for inviting comments on proposed changes to technical regulations. The Gazette also does not publish new technical regulations. The full contents of a new technical regulation must be obtained directly from the government agency that created it. The same holds true for new standards themselves, available only by request from either the FONDONORMA (a private non-profit association) or SENCAMER (a body of the Ministry of Commerce). The relationship between the two bodies has deteriorated in the past few years, which has led to confusion and a lack of a normative standards regime.
Coverage Horizontal
VENEZUELA
Since April 2003
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Resolution No. 253 containing the list of foreign entities or organizations recommended for the homologation and certification of telecommunication equipment (Resolución No. 253 contentiva de la lista de entes u organismos extranjeros recomendados para la homologación y certificación de equipos de telecomunicaciones)
Resolution No. 253 lists the foreign entities or organisations recognised by the National Telecommunications Commission (CONATEL) for the homologation and certification of telecommunications equipment: (European Union, Federal Communications Commission (FCC) of the United States, Industry Canada of Canada, Agencia Nacional de Telecomunicações (ANATEL) of Brazil, Comisión Federal de Telecomunicaciones (COFETEL) of Mexico, and the Comisión Nacional de Comunicaciones (CNC) of Argentina) (Art. 3). CONATEL is limited to administrative homologation based on the acceptance of the homologation certificates of the aforementioned entities.
On the other hand, Art. 4 establishes that certification bodies or organisations that issue certificates or declarations of conformity, approval or homologation on behalf or by authorisation of the approval bodies or organisations indicated in the previous article, either by designation or by Mutual Recognition Agreements, shall also be considered as recognised.
On the other hand, Art. 4 establishes that certification bodies or organisations that issue certificates or declarations of conformity, approval or homologation on behalf or by authorisation of the approval bodies or organisations indicated in the previous article, either by designation or by Mutual Recognition Agreements, shall also be considered as recognised.
Coverage Telecommunications equipment
Sources
- https://web.archive.org/web/20230323055032/http://www.conatel.gob.ve/resolucion-n-253-lista-de-entes-u-organismos-extranjeros-recomendados-para-la-homologacion-y-certificacion-de-equipos/
- https://web.archive.org/web/20221219162758/http://www.itu.int/en/ITU-D/Technology/Documents/Events2016/CI_Training_AMS_Campinas_June16/Presentations/Part1/08_10%20Venezuela.pdf
- https://orbiscompliance.com/countries/venezuela
- https://web.archive.org/web/20230327012514/https://ctech.ul.com/en/services/global-market-access-gma/global-radio-type-approvals/
- https://web.archive.org/web/20260227202206/https://joseluisurbaneja.net/homologacion-de-equipos-de-telecomunicaciones-en-venezuela-un-requisito-obligatorio/
- https://web.archive.org/web/20241122215550/https://tugacetaoficial.com/leyes/resolucion-253-contentiva-de-la-lista-de-entes-u-organismos-extranjeros-recomendados-para-la-homologacion-y-certificacion-d...
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VENEZUELA
Since October 2017
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Official Gazette 41,265: Administrative Ruling No. 171 whereby the rules related to the collection of personal data of the applicants of mobile and fixed telephony services through wireless networks or non-geographic number with nomadic voice service are issued (Gaceta Oficial 41.265: Providencia Administrativa No. 171 mediante la cual se dictan las normas relativas a la recopilación o captación de datos personales de los solicitantes de los servicios de telefonía móvil y telefonía fija a través de redes inalámbricas o número no geográfico con servicio de voz nómada)
Art. 7 of Administrative Ruling No. 171 establishes that the operators of mobile and fixed telephony services, through wireless networks or non-geographic numbers with nomadic voice services, must immediately provide particular information of the applicants to State security agencies that may require it during a criminal investigation. The need for a judicial order is not specified.
Coverage Telecommunications sector
VENEZUELA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Venezuela's law and jurisprudence.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20230921190231/https://freedomhouse.org/country/venezuela/freedom-net/2022
- https://web.archive.org/web/20220620225403/https://www.internetsociety.org/wp-content/uploads/2020/09/Latam-Survey-Report.pdf
- https://web.archive.org/web/20230802152647/https://www.wipo.int/wipolex/en/text/130135
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VENEZUELA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
It is reported that a basic legal framework on intermediary liability beyond copyright infringement is absent in Venezuela's law and jurisprudence.
Coverage Internet intermediaries
VENEZUELA
Since April 2008
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Decree No. 5974/2008. The National Telephone Company of Venezuela /Cantv/ and its Companies are Assigned to the Ministry for Telecommunications and Information Technology (Decreto No. 5974/2008. Se Adscribe al Ministerio para las Telecomunicaciones y la Informática, la Compañía Anónima Nacional Teléfonos de Venezuela /Cantv/ y sus Empresas)
The principal fixed-line telephony operator in Venezuela, Compañía Anónima Nacional Teléfonos de Venezuela (Cantv), remains under the control of the Venezuelan government, although no precise and up-to-date information is publicly available regarding the exact percentage of state ownership beyond the fact that it constitutes a majority stake. Privatised in 1991, Cantv was renationalised in 2008 through Decree No. 5974/2008, which placed the company and its subsidiaries under the authority of the Ministry of Telecommunications and Information Technology. Cantv also owns Movilnet, the country’s main mobile telephony operator. By 2022, when the state held 86.2% of Cantv’s shareholding, the government announced its intention to sell a portion of shares in both Cantv and Movilnet to private, including foreign, investors. The first sale of shares occurred in October 2022, followed by further offerings through the Caracas Stock Exchange in November and December 2023.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260303235623/https://virtual.urbe.edu/gacetas/38900.pdf
- https://web.archive.org/web/20231111033728/https://www.cantv.com.ve/la-empresa/
- https://www.itu.int/net4/itu-d/icteye
- https://web.archive.org/web/20260303234357/https://transparenciave.org/wp-content/uploads/2022/12/Informe-EPE-IV-2022_TV-1.pdf
- https://web.archive.org/web/20211108202951/https://www.marketwatch.com/story/venezuela-buys-862-of-cantv-share-but-stake-could-grow
- https://web.archive.org/web/20260303234431/https://freedomhouse.org/country/venezuela/freedom-net/2024
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VENEZUELA
N/A
Pillar Telecom infrastructure & competition |
Indicator 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, it is reported that there is an obligation of accounting separation. 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 December 2010
Pillar Telecom infrastructure & competition |
Indicator 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the 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
Since December 2010
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Official Gazette No. 39,610: Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones)
According to Arts. 34-35 of the Organic Telecommunications Law (Gaceta Oficial No. 39.610: Ley Orgánica de Telecomunicaciones), the National Telecommunications Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. However, Art. 40 provides that the Board of Directors is made up of the General Director of the National Telecommunications Commission, who presides over it, and four directors who are freely appointed and removed by the President of the Republic.
Coverage Telecommunications sector
Sources
- http://web.archive.org/web/20260228142952/https://conatel.gob.ve/wp-content/uploads/2024/08/Ley-Organica-de-Telecomunicaciones-LOTEL.pdf
- https://web.archive.org/web/20250310170312/https://datahub.itu.int/data/?i=100088&s=3109&e=VEN
- https://web.archive.org/web/20230927205658/https://freedomhouse.org/country/venezuela/freedom-net/2022
- https://app.gen5.digital/tracker/country-cards/Venezuela
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VENEZUELA
Since November 2014, entry into force in December 2014
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decree No. 1.402, enacting the Decree with Rank, Value and Force of Law on Banking Sector Institutions (Decreto No. 1.402, mediante el cual se dicta el Decreto con Rango, Valor y Fuerza de Ley de Instituciones del Sector Bancario)
According to Art. 97.8 of Decree No. 1402, banking institutions are prohibited from transferring their principal computer centres and databases, either in electronic form or as users' physical documents, to a foreign territory. The Superintendency of Banking Sector Institutions is in charge of issuing regulations to determine which computer centres and databases qualify as principal in accordance with a binding opinion issued by the Central Bank.
Coverage Financial sector
Sources
- https://web.archive.org/web/20230424153438/https://www.asambleanacional.gob.ve/storage/documentos/leyes/decreto-n0-1402-mediante-el-cual-se-dicta-el-decreto-con-rango-valor-y-fuerza-de-ley-de-instituc...
- https://web.archive.org/web/20241122212251/https://ifedec.org/wp-content/uploads/2023/04/Gaceta-Oficial-No-6.015-del-28.12.10.pdf
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20220223130507/https://www.cepal.org/sites/default/files/publication/files/46421/S1901092_en.pdf
- https://web.archive.org/web/20220305202822/https://s3.amazonaws.com/brt.org/archive/Global_IT_Policy_Paper_final.pdf
- https://web.archive.org/web/20230917050738/https://itif.org/publications/2017/05/01/cross-border-data-flows-where-are-barriers-and-what-do-they-cost/
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