Defamation remains a criminal offence in the Dominican Republic (punishable with imprisonment).

Defamation is criminalised under three separate laws in the Dominican Republic: the Dominican Republic Criminal Code (1884), Law No. 6132 on the Expression and Diffusion of Thought, and Law No. 53-07 on High Technology Crimes.

Criminal Code

Defamation, defined as the allegation or accusation of a fact that attacks the honour or reputation of an individual, is a criminal offence under Art. 371 of the Criminal Code. When committed against private individuals, defamation is punished with 6 days to 3 months in prison or a fine.

Law 6132

According to Art. 227 of the Criminal Code, when criminal acts of defamation and insult are committed through the media, including radio, print and television, the following provisions of Law No. 6132 apply.

Defamation (difamación) against individuals is an offence under Art. 33. The punishment is imprisonment from 15 days to 6 months and/or a fine of RD$ 25.00 to RD$ 200.00

Insult (injuria) against individuals is an offence under Art. 35. The punishment is imprisonment from five days to two months and/or a fine of RD$ 6.00 a RD$ 50.00.

Punishments for both offences are increased when the statement in question sought to provoke hatred.

Law 53-07

According to Art. 227 of the Criminal Code, when criminal acts of defamation and insult are committed in cyberspace, the following provisions of Law No. 53-07 apply.

Defamation (difamación) is a criminal offence under Art. 21. The punishment is three months to one year in prison and a fine between five and 50 times the minimum salary.

Insult (injuria) is a criminal offence under Art. 22. The punishment is three months to one year in prison and a fine between five and 50 times the minimum salary.

Provisions on the books.

Defaming or insulting members of Congress, state secretaries, judges or heads of state of friendly nations is a criminal offence under Art. 369 of the Criminal Code. The punishment is 1 to 6 months in prison and a fine.

Defaming or insulting any public official as well as foreign ambassadors or diplomatic agents accredited in the Dominican Republic is a criminal offence under Art. 370 of the Criminal Code. The punishment is 8 days to 3 months in prison and a fine

Offending the honour of administrative or judicial magistrates related to their public function is a criminal offence under Art. 222 of the Criminal Code. The punishment is imprisonment from 6 days to 1 year.

Offending the honour of lawmakers or other agents of public authority through words or gestures, with relation to the victim’s public function, is a criminal offence under Art. 224 of the Criminal Code. The punishment is a fine.

Provisions on the books.

Defaming or insulting the Head of State is a criminal offence under Art. 368 of the Criminal Code. The punishment is 3 months to 1 year in prison. Offenders may also be deprived of a certain civil rights according to Art. 42 of the Criminal Code.

Insulting the President of the Dominican Republic is a criminal offence under Art. 26 of Law No. 6132. The punishment is imprisonment from three months to one year and/or a fine of RD$ 100.00 to RD$ 1,000.00.

No provisions.

Provisions on the books.

Insulting or defaming the heads of state, heads of government, and foreign ministers of foreign countries that maintain formal relations with the Dominican Republic is a criminal offence under Art. 39 of Law No. 6132. The punishment is three months to one year in prison and a fine of RD$ 50.00 a RD$ 500.00.

Insulting or defaming ambassadors, ministers plenipotentiary, envoys, trade representatives or other accredited diplomatic agents is a criminal offence under Art. 40 of Law 6132. The punishment is eight days to one year in prison and/or a fine of RD$ 50.00 to RD$ 500.00.

No provisions.

According to Art. 36 of Law No. 6132, insult and defamation against the deceased only constitutes a crime when the defendant in question sought to damage the honour or reputation of the deceased person’s heirs or spouses.

No provisions.

Obscene libel

Offence to “good morals” is a criminal offence under Art. 28 of law No. 6132. The punishment is imprisonment from one month to one year and a fine of RD$ 10.00 to RD$ 100.00.

On February 21, 2016, the Dominican Republic Constitutional Court struck down a number of provisions contained in the country’s press law, Law 6132, related to defamation. Specifically, the Court invalidated Arts. 30, 31, 34 and 37. These articles criminalised defamation and insult of government bodies — including the armed forces, the national police, courts and tribunals, legislative bodies and local government bodies — as well as a wide range of public officials, including Cabinet members and legislators. In both cases, offenders risked jail time and a fine. In the same decision, the Court also invalidated the so-called “waterfall” system of legal responsibility for defamation and insult committed via the press, as foreseen under Art. 46 of Law 6132. The system assigned primary criminal liability to editors; if the editor could not be identified, liability passed to the author of the impugned content, followed by the printer, vendor and distributor.

In December 2014, the Dominican Republic promulgated a new Criminal Code that contained reforms to criminal defamation law, including:

• The removal of prison sentences for defamation and insult
• The repeal of the provisions criminalising defamation of insult of the President (formerly Art. 368), and members of Congress, certain Cabinet members, Supreme Court judges, and heads of state of friendly nations (formerly Art. 369)
• The repeal of a provision criminalising offence to the honour and sensitivity of administrative and judicial magistrates (formerly Art. 222)
• The repeal of a provision criminalising offence to lawmakers or or agents of publicc authority through words and gestures (formerly Art. 224).

The decision to remove prison sentences for defamation and insult in particular followed advocacy work by the International Press Institute, after a previous version of the Code foresaw harsher punishments for defamation and insult. IPI’s advocacy included testimony before members of the Congress of Deputies in April 2013.

However, in December 2015 the Constitutional Court set aside the new Criminal Code, leaving the previous code in force.

The information contained in this database is for informational and advocacy purposes only. If you are a journalist facing a defamation claim, you should seek legal advice from a qualified attorney. However, if you are unable to find such an attorney, IPI may be able to assist you in doing so. Please contact us at ipi[at]freemedia.at.

Information on the Dominican Republic was last updated in February 2016.