Citizen Participation is in favor of the bill on freedom of expression

Santo Domingo.- The organization Participación Ciudadana (PC) considered this Monday that it values the “effort” made by the commission in charge of drafting a bill that aims to update the regulatory framework of audiovisual media in the context of freedom of expression.

This is a project that, if approved, would fill a void, as the current Law 6132, on the expression and dissemination of thought, was enacted in 1962, when the current technological development did not exist, which requires an update of the norm, PC said in a document.

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The NGO, however, highlighted that a series that the bill contains articles, such as Article 9, which deals with informative files and says that the media has the right to preserve “truthful” information, which implies the risk that it may be asked to delete information that one party understands is not truthful.

Likewise, Article 13 requires that the director of a media outlet be “actually and permanently domiciled in the Dominican Republic,” disregarding the reality of working via the internet. It would suffice for the media outlet to have an address in the country.

Participación Ciudadana also states that Article 20, ordinal 4, indicates that the audit of the algorithm and source codes must be allowed, but it does not establish the procedures for this obligation to be fulfilled.

“In article 36, but in paragraph 1, it is stated that the regulation and oversight of electoral matters during the pre-campaign and campaign will be the responsibility of the JCE and not the National Institute of Communication (Inacom), to be created by law, but it says nothing about what happens outside of those periods, which should also be the responsibility of the JCE.

The organization favored several parts of the project, including the one that recognizes internet access as a fundamental right and obliges the State to create the conditions to facilitate access.

Likewise, it establishes the prohibition of indirect censorship that occurs when the resources of the State are used by distributing them in the form of a handout or by assigning advertising in an arbitrary and discriminatory manner, or by granting radio and television frequencies to reward or punish according to the informational lines of the media or communicators, which makes clear the intention to put an end to incorrect and even corrupt practices that have predominated in this matter.

PC added that it distinguishes between journalists and social communicators. And it points out that all people have the right to individual or collective social communication without any authorization, except for those that fall under the regime of telecommunications and audiovisual media that use scarce resources.

“It establishes the principle of tolerance for criticism from officials, politicians, candidates, or those who maintain a notable, active, and influential presence in the media and on social networks, who are subject to greater social scrutiny,” recognized Participación Ciudadana.

The bill has garnered the support of several groups and the rejection of those who denounce the initiative’s alleged intention to regulate freedom of expression in audiovisual media.

The Senate of the Republic formed a Special Commission to analyze and study the Organic Law Project on Freedom of Expression and Audiovisual Media, sent by the Executive Branch.

This special commission is headed by the communicator and senator Aracelis Villanueva and composed of senators Moisés Ayala, Franklin Romero, Aneudy Ortiz, Andrés Lama, Ramón Rogelio Genao, Omar Fernández, Félix Bautista, Rafael Duluc, Pedro Tineo and Ginnete Bounigal de Jiménez.