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D o m i n i c a n R e p u b l i c 7. CRIMINAL LIBEL, CIVIL DEFAMATION:
SLANDER AND LIBEL Art. 283 of the penal code sanctions anonymous writings as
follows: ?All publications or distributors of works, writings, signs,
bulletins, advertisements, newspapers, periodicals and other printed
products which do not carry the real name, profession and address
of the author will lead to imprisonment for a period of six days
to six months of anyone who knowingly contributed to said publication
or distribution.? Art. 284: ?The punishment noted in the previous article shall
be reduced to minor penalties: 1. For hawkers, vendors,
distributors or placers who turn in the person who gave them the
printed material; 2. For anyone among them
who reports the printer; 3. For the printer who
reports the author.? Art. 285: Provides sanctions for crimes committed through a
publication as well as those in charge of its sales, distribution,
advertising or placing in public places; the latter are liable to
punishment if they fail to reveal the name of the author. In all
cases, the copies of the publication seized shall be confiscated
(Art. 286). Also subject to punishment is the showing and distribution
of songs, pamphlets, figures or images contrary to public morals
and good customs (Art. 287). Regarding crimes against the good reputation of persons, as
previously noted, if the offense is committed by means of the media,
prosecution comes under the Law of Expression and Propagation of
Ideas (Law 6132 of 1962). Otherwise, the offense falls under the
Penal Code. These are the provisions of the Penal Code: Art. 367 defines
defamation as the allegation or accusation of a deed that attacks
the good name or the esteem of an individual or entity. Slander
is defined as any insulting expression, invective or words of disdain
that do not imply a specific event or deed. Arts. 368 to 370 cover
defamation directed at public officials and official entities. Law 6132 defines defamation the same as the Penal Code. It
defines slander as any injurious expression, term of disdain or
invective that implies no event or deed. (Art. 29). The publication
is punishable as well when done in a covert manner but the name
of the person alluded to can be inferred. Defamation damaging to private individuals is punishable with
prison terms of 15 days to six months and a fine of RD$25.00 to
RD$200.00 (Art. 33). Slander of individuals is punishable by prison terms of five
days to two months and a fine of RD$6.00 to RD$50.00. Truth as a defense is valid only when it applies to the duties
of an aggrieved person or entity in the public sector (Art. 37). Truth cannot be established when dealing with the private life
of an individual or when the accusation refers to an act involving
a violation pardoned or subject to statute of limitation (Art. 37). The following are not considered as slanderous or defamatory: a) Speeches in the legislatures; b) Reports, minutes and
documents produced by the branches of government; c) Reports carried by
newspapers about sessions of Congress or city councils; documents
presented before courts and other documents obtained from the branches
of government and published by the media. Art. 46 contains a specific ranking of criminal responsibility
for those who commit press crimes: 1. Publishers, editors
or their substitutes; 2. In the absence of
publishers, editors or their substitutes, the authors; 3. In the absence of
the authors, the printers; 4. In the absence of
the printers, the sellers, distributors, exhibitors of movies, announcers
and placers of posters. If the publishers are prosecuted, the authors will be prosecuted
also as accomplices (Art. 47). Press crimes may be investigated ex officio or by petition
of the public ministry (Art. 51).
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