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H a i t i 9. OTHER RESTRICTIONS ON THE CONTENT
OF INFORMATION There are no prohibitions to the press as regards access to
trials. However, the 1986 Press Law considers the following to be
press offenses: the publishing of indictments and procedural documents
or comments made before a court decision which tend to influence
witnesses, jurors and judges. Article 16-1. ?The publishing of indictments and procedural
documents, and any remarks made before a court decision which tend
to influence witnesses, jurors and judges are considered to be press
offenses.? Article 22 of the law of September 7, 1961, creating the Juvenile
Court prohibits the publishing of the minutes of Juvenile Court
proceedings. There are legal restrictions here on press disclosure of information about a minor victim of a crime
or on a juvenile delinquent. Article 22: The publishing of the minutes of Juvenile Court
proceedings, and any violation in the matter perpetrated by means
of the press, books, broadcasting or other shall be punished by
imprisonment of from one to six months and a fine of one hundred
to five hundred gourdes, to be ordered by the correctional court
upon application by the state attorney, by the Juvenile Court at
the office of the prosecutor of the court involved. In case of recidivism,
imprisonment of six months to one year and a fine of five hundred
to one thousand gourdes shall be imposed by the correctional court
in the manners indicated above. ?If the decision is made public at a public hearing in the
presence of the minor in question, it may be published without any
identification whatsoever of the minor.? There are no legal provisions prohibiting the press from disclosing
poll resuls by virtue of electoral laws. There is a law on hatred (the decree of February 4, 1981),
more specifically punishing acts of racial discrimination. Article 1: ?Any act of racial discrimination or behavior which
violates basic human rights, which occurs because of a person?s
race, color, or ethnic background is an offense punishable under
the terms of the following provisions: Article 2: ?By racial discrimination, the afore going decree
means any distinction, exclusion, restriction or motivation based
on race, color, ascendancy or national or ethnic origin the purpose
of which is to damage or destroy the recognition, enjoyment, and
exercise of equality of human rights and fundamental liberties in
the political, economic, social and cultural fields, as well as
in any area of public life. Article 3: ?The absence of racial discrimination is an absolute
rule of public policy.? As to the use of Internet or regarding pornography on Internet,
there are no legal provisions on the matter.
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