D o m i n i c a n  R e p u b l i c

2. SPECIFIC PRESS LAWS

The press law is essentially criminal because it is fully devoted to punishable conduct, sanctions and procedures.

Punishable conduct is divided into several categories, such as incitement to crime, offenses against public matters (basically contempt), crimes against individuals (libel and defamation), crimes against heads of state (libel directed at heads of state and diplomatic personnel), publications that are banned and the respective procedures (Arts. 23 to 45).

Defamation is a press crime punishable under the press law. It is also a type of behavior classified as a common crime. The difference lies in the procedure to be followed in the courts.

When defamation occurs in the media, it is prosecuted and punished under the press law.

When defamation or libel occurs outside the media (crimes of expression), then its prosecution is under common law and, therefore, has a three-year limitation, allows preventive incarceration, etc. In the case of defamation under the press law, the statute of limitation is two months and there is no preventive incarceration.

The Law of Expression and Propagation of Ideas assigns civil and criminal responsibilities to the owner or director of a newspaper even when they have delegated some or all of their duties to others (Art. 12).

Anonymous writings are allowed, but the editor must be told the real name of the author (Art. 13). In the case of a criminal prosecution, the editor may be relieved of his professional secret protection and will have to reveal the real name (Art. 13).

The press law addresses the civil responsibility of owners in Art. 48: ?The owners of newspapers or periodical writings are responsible for the fines declared in favor of third parties against persons designated in the two previous articles, according to articles 1382, 1383 and 1384 of the Civil Code.?

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