Does the creation of the National Cybersecurity Council imply a change in the legal status of administrators and chat groups?

The creation of the National Cybersecurity Council (CNC) was published in Official Gazette on August 20, 2024, after the confusing incidents that led to the non-publication of the results – broken down table by table – of the presidential elections of July 28, and of the alleged attacks of hackers against the Maduro governmentIt is true that the arrival of the CNC could open a new phase of censorship and control of digital platforms, even under a model similar to that of Iran (analysis of Chronicle One and of DW in Spanish). That’s one thing. Another thing is to say that the creation of the CNC has implied a change in the known legal regulations, for example, regarding the figure of the administrator of WhatsApp chats or Facebook groups. This is not what is being proposed, at least not at this time or in a public and official manner.

Another third different thing is to understand that, in the post-electoral context, instruments such as the Constitutional Law against Hatefor Peaceful Coexistence and Tolerance —paradoxically, despite its title— can be applied arbitrarily or at the discretion of the authorities.

A very Anonymous WhatsApp chain spread says:

«The National Cybersecurity Council has already been created (…). Now is the time to be cautious with what is published on any network, since now is when the maximum penalty would be applied (…). The administrators of WhatsApp, Telegram and Facebook groups are considered responsible or complicit for the content published in their groups. This includes messages, videos and any other type of content that incites hatred, violence or that violates Venezuelan laws.»

This content is misleading. It is false that the creation of the CNC has, in itself, implied a modification in the existing legal regulations on social networks and digital platforms. So far, only the creation of a new instance has been decreed. which must meet, hold sessions, perhaps promote or request new regulations or changes to existing regulations from the National Assembly, etc.

We did a similar (not the same) check on EsPaja.com August 1, 2024since it seems to be a topic that generates collective concern:

WhatsApp group chats and Facebook groups have administrators: these are users who perform functions such as allowing members to join (or remove them) and eventually moderating messages. Are these administrators criminally liable for the content that these members publish? In Venezuela, no (on paper), but we will explain the case.

“It’s nonsense. Group administrators are not responsible to Conatel or to courts in Venezuela for the conversations that take place in the groups. This seems like a piece to create fear,” he told EsPaja.com Luis Carlos Díaz, journalist and expert in communication and networking issues.

That is to say, to date, publicly and officially, there is no known new regulation that modifies the existing legal landscape and that affects the figure of the “chat administrator” or “group administrator”..

Which does not mean that citizens should not be aware of, for example, what is discussed or approved from now on in the AN, such as Alleged bill to regulate social media.

Screenshots of a chain that is misleading, but reflects likely collective concerns

Verification units of Fake News Hunters and Firefly Effect (Firefly Check) were also responsible for this anonymous chain. In both cases it was concluded that it is misleading information.

In Fake News Hunters we read:

«This narrative It is misleadingsince the decree on the creation of the National Cybersecurity Council does not specifically indicate the responsibility of group administrators for the content shared by users, even though their content could allow it to be interpreted in that way.

And he adds:

«Decree 4,975 contains six articles, which also discuss the functions of the National Cybersecurity Council, who is part of it, its coordination, execution and validity. None of them specifies, or even mentions, that those who manage groups in messaging services or social networks “are considered responsible or complicit” in the content disseminated through these means. Nor does it indicate that it is within the authority of the body to dictate or impose legal responsibility in this regard.»

Can group or chat rules change?

Everything has a “but.” We must warn that, especially after the elections of July 28, when more than 1,000 people have been registered, 1,600 political arrests According to the NGO Foro Penal —Some of them through publications on networks or digital platformseven with minors involved—some regulations could be applied in a discretionary or arbitrary manner.

Already in EsPaja.com we warn:

But… can it happen? It is not out of the question. Authorities can commit arbitrary acts in a context like Venezuela.

“I am alarmed by reports of disproportionate use of force by law enforcement officials, as well as violence by armed pro-government individuals known as colectivos. (…) Those responsible for human rights violations must be held accountable. Venezuela is at a critical moment. I urge the authorities to respect the rights of all Venezuelans to assemble and protest peacefully and to express their opinions freely and without fear,” said the United Nations High Commissioner for Human Rights, Volker Türk, on Tuesday, July 30, regarding reports of human rights violations during protests over the results announced by the CNE.

Also in Fake News Hunters we read:

«However, numeral 8 of article 2 of the decree on the (National Cybersecurity) Council states that it may ‘require from natural or legal persons of a public and private nature the data, statistics and information related to the computer security of the Nation, as well as their necessary support’, This implies that group administrators – or any citizen who is required to do so – should provide the requested material, although it does not indicate that they have legal responsibility for the content shared by other members.

The results

At the moment, we know that the CNC is made up of the executive vice president (Delcy Rodríguez), the defense minister (Vladimir Padrino López) and the minister of science and technology (Gabriela Jiménez), among other senior officials.

The arrival of this new power has not implied the “creation” of new regulations or laws that regulate (for example) group or chat administrators. However, it is true that the CNC could be empowered to request “data, statistics and information related to the nation’s computer security” from any citizen, not just administrators. However broad this may seem.

Users of digital platforms must understand that, especially after June 28, certain actions such as those of the aforementioned CNC or existing legal regulations may enter into the realms of arbitrariness and discretion.

Users should also be alert to possible new laws – or changes to existing laws – that are debated or approved by the National Assembly, which has a large pro-government majority.