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D o m i n i c a n R e p u b l i c 11. CONTEMPT AND SEDITIOUS LIBEL The Penal Code and the Law of Expression and Propagation of
Ideas contain rules related to the use of insults. If defamation
or slander takes place through use of the media, the Law of Expression
and Propagation of Ideas applies because it covers private parties.
Nonetheless, following are details of what the Penal Code says
regarding the defamation of public officials: Art. 368: ?Defamation or public slander that targets the head
of state shall be punished by a prison term of three months to one
year, plus a fine of 10 to one hundred pesos; additionally, there
will be a special and total suspension of the civil and political
rights per Art. 42.? Defamation or slander directed at representatives in Congress,
secretaries of state, Supreme Court justices or courts of first
appeal magistrates or heads of friendly nations shall be punished
by a prison term of one to six months, plus a fine of 50 pesos per
Art. 369. If the offense is directed at law enforcement agents or
diplomatic personnel, the sanction will be days to three months
in correctional prison, per Art. 370 of the same statute. Under the heading of crimes against public matters, the Law
of Expression and Propagation of Ideas addresses the question of
contempt expressed through the media and directed at public officials. Art. 26: ?An offense directed at the president of the Republic
by any of the media listed in article 23 shall be punishable by
a prison term of three months to one year, plus a fine of RD$100
to RD$1,000, or with only one of the two sanctions. ?The sanctions established in this same article apply to offenses
directed at the person entitled to all or part of the prerogatives
as president of the Republic.? Defamation of the courts, armed forces, national police, legislative
chambers, city halls and other institutions are punishable with
prison terms of one month to one year, plus fines of RD$50 to RD$500
(Art. 30). Defamation against cabinet members, members of the legislative
chambers, public officials, law enforcement agents, private individuals
charged with public duties or with deposing witnesses is sanctioned
only in terms of the person or the duties those persons perform,
per Art. 31. The punishment is six days to three months in prison
and a fine of RD$6.00 to RD$60 (Art. 34).
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