Santo Domingo.– With the entry into force of the new Penal Code, the Dominican Republic has new provisions to sanction defamation, including cases committed through social networks, digital platforms, and other media outlets.
Legislation defines defamation as the public imputation of a specific fact that affects the honor, dignity, image, or good name of a natural or legal person.
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The Code establishes that this crime can be committed through publications in newspapers, radio, television, audiovisual media, streaming platforms, websites, social networks and any other space in cyberspace.
What are the penalties?
Defamation shall be punished with sentences of two to five years of minor imprisonment, in addition to fines ranging from nine to fifteen public sector minimum wages.
However, when defamation is intended to obtain money, some benefit, or to pressure the victim to do, refrain from doing, or tolerate a certain action, the crime will be considered extortionate defamation, with penalties of five to ten years of major imprisonment and fines of 10 to 20 minimum wages.
If this type of act is committed by two or more people acting in concert, the penalty is set at 10 years in prison, in addition to fines of between 20 and 30 minimum wages.
Likewise, the new Code punishes so-called informational blackmail, that is, when a person demands money or any other benefit in exchange for not publishing or disseminating information that could affect another person’s reputation.
Montages and fake images
The regulation also stiffens penalties against those who disseminate false or altered images, audio, or videos with the purpose of damaging a person’s reputation.
In these cases, the penalty will be two to five years in prison. However, if the content is disseminated through social networks, websites, or digital platforms with mass access, the penalty increases to five to ten years of major imprisonment.
Protection of journalistic practice
The new Code also establishes exceptions to protect freedom of the press and the right to information.
Journalistic reviews of public sessions of the National Congress, official reports issued by the branches of the State, and writings and statements made during judicial proceedings shall not be considered defamatory.
Corporate responsibility
The law provides that legal entities, such as communication companies, digital media, or web portals, may also be held criminally liable when defamation is committed on their behalf or as a result of a lack of supervision.
In addition, the Penal Code sanctions telephone harassment with defamatory content with penalties ranging from 15 days to one year in prison.
