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O 140131Z OCT 09
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UNCLAS TEGUCIGALPA 001045 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM ASEC HO
SUBJECT: TFH01: REGIME ISSUES DECREE 
 
REF: TEGUCIGALPA 989 
 
¶1. (SBU) Summary.  The de facto regime enacted a decree on 
October 5 providing for the revocation of the operating 
licenses of media outlets that violate national security and 
public order.  This decree follows a decree severely 
curtailing civil liberties enacted on September 26.  De facto 
regime leader Roberto Micheletti, in reaction to both 
domestic and international criticism of the September 26 
decree, announced it would be rescinded, but did not follow 
through.  This second decree may be an attempt to ensure that 
media outlets that support President Jose Manuel "Mel" Zelaya 
are kept off the air even after the first decree is 
abrogated.  End Summary. 
 
Decree Provisions 
------------------ 
 
¶2. (U) The de facto regime published a decree in the National 
Register ("Gaceta") on October 5 stating that for reasons of 
national security the penalties provided for in Article 28 of 
the Law on the Telecommunications Sector shall be enforced. 
(Note: Article 28 states that the state can, for reasons of 
national security, cancel telecommunications licenses and 
concessions with compensation.  End Note.)  The decree 
further instructed the National Telecommunications Commission 
(CONATEL) to exercise their legally constituted power to 
revoke or cancel the permits and licenses granted by CONATEL 
to radio and television operators who broadcast messages that 
defend: national hate, damage to property, and a regime of 
social anarchy against the democratic state. 
 
Justification for the Decree 
---------------------------- 
 
¶3. (U) The decree states that the President of the Republic 
in the Council of Ministers presented reports provided by 
defense and security forces attesting that media organs in a 
systematic fashion propagated vandalism, causing damage to 
property to the extent of putting in jeopardy social peace 
and the security of the state and causing incalculable cost 
to the national economy.  The decree states that public order 
and peace throughout the national territory must be urgently 
preserved.  The decree recognizes that it is up to the state 
to guarantee liberty of thought and expression, but goes on 
to note that when the media violates national security and 
public order, it becomes imperative to execute the 
regulations established by law in conformity with the 
Interamerican Convention on Human Rights. 
 
¶4. (SBU) Zelaya supporters have engaged in a graffiti 
campaign that can be seen throughout the capital and there 
have been some instances of vandalism in connection with 
demonstrations.   CONATEL executed the decree curtailing 
civil liberties enacted by the regime on September 26 by 
issuing an order on September 28 suspending the licenses of 
pro-Zelaya television channel 36 and radio station Radio 
Globo.  CONATEL, supported by the national police and 
military, entered the headquarters of Channel 36 and Radio 
Globo on September 28 and seized and removed their 
communications equipment and computers (See Reftel).  The 
regime came under criticism both domestically and 
internationally for that decree.  De facto regime leader 
Roberto Micheletti announced on October 5 that he would 
rescind the decree, but has not yet taken action to do so. 
 
¶5. (SBU) Comment: This second decree seems to be an attempt 
by the de facto regime to ensure that the pro-Zelaya media 
remains muzzled before it lifts or modifies its previous 
decree. 
 
LLORENS