Santo Domingo. – Lawyer and communicator Eduardo Saint-Hilaire expressed his concern regarding several articles included in the new Penal Code, considering that they could become a “gag law” that limits freedom of expression and hinders public reporting of acts of corruption or crime.
During a public intervention, Saint-Hilaire cited the work of investigative journalist Ramón Tolentino as an example, highlighting that his reports have contributed on multiple occasions to mobilizing the authorities’ action against criminal acts.
In their view, the wording of Article 192, regarding defamation, creates uncertainty among communicators, who might refrain from making reports for fear of facing legal proceedings or criminal sanctions.
“We are not in favor of defamation, that must be punished. The problem is the fine line between defamation and freedom of expression to drive public action,” he maintained.
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The legal expert stated that the lack of clarity in the legislation could lead journalists and citizens to avoid reporting matters of public interest, especially when they involve people with power or influence.
Likewise, he questioned the content of article 173 regarding discrimination, considering that it should establish clear exceptions in immigration matters. In that sense, he indicated that reporting the hiring or irregular stay of undocumented migrants should not be interpreted as a discriminatory act.
Saint-Hilaire stated that he supports sanctions against defamation, but proposed that these should focus primarily on high economic fines and the suspension of professional practice for those who engage in such conduct. He added that, only in the event of insolvency to comply with the economic sanction, could deprivation of liberty be considered.
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“This is how defamation is discouraged without generating fear among those who act responsibly and report matters of public interest,” he argued.
The lawyer also stated that, together with communicators José Peguero, Ramón Tolentino, and Ariela Raful, he presented proposals to amend the Penal Code with the aim of guaranteeing clearer rules regarding freedom of expression, defamation, and discrimination.
Finally, Saint-Hilaire reiterated that his position does not seek to defend defamation or discrimination, but rather to protect both freedom of expression and the defense of national sovereignty and Dominican identity, avoiding interpretations that, as he stated, could affect the right of citizens to report irregularities.
