Censorship warning in freedom of expression bill

The Dominican Bar Association (CARD) expressed its objections this Wednesday to the draft law on freedom of expression and dissemination of thought, noting that the text contains "serious contradictions" between its proclaimed principles and the oversight mechanisms it proposes.

The president of the association, lawyer Trajano Potentini, expressed that one of the most critical points is the creation of the National Institute of Communication (Inacom), an autonomous body attached to the Ministry of Culture, which would assume the functions of regulation, supervision, sanctioning and suspension of media transmissions, both traditional and digital .

For the union, this structure "represents a direct threat " to freedom of expression , by centralizing powers in a single body that it described as excessive and that, in its opinion, could lead to indirect censorship.

Furthermore, Potentini asserted that its composition would depend exclusively on the Executive Branch and the Senate , without including representation from civil society, which would call into question its institutional independence.

The sanctions

The CARD also warned about the sanctions regime established in the project , which it described as " severe and disproportionate."

Violations deemed "serious" could result in sanctions such as suspension of broadcasts for up to 90 days, removal of content, and fines ranging from 30 to 200 times the minimum wage. This legal framework, according to their observations, would allow Inacom to "silence or remove a media outlet from the market, affecting its audience, digital positioning, and sustainability as a journalistic company."

Another aspect questioned by the president of the Bar Association is the use of " vague and open" legal concepts in the draft text, such as "excessive violence" or "content offensive to human dignity," which, he said, lack precise definitions and can facilitate arbitrary interpretations.

This ambiguity , the union warned, could be used to justify restrictive or repressive measures against dissident media outlets and journalists, under the guise of moral, religious, or political criteria.

CARD's observations also emphasize what they consider excessive regulation of digital platforms , which would include detailed requirements such as the obligation to publish usage policies in Spanish, explain their moderation rules, justify any content changes or restrictions, and notify users of these decisions.

In addition, the bill requires transparency in the operation of algorithms and source codes, as well as the submission of semi-annual reports on all moderations performed, including those requested by the government.

These measures, according to CARD, "impose unnecessary bureaucratic burdens" that could hinder technological innovation and violate principles such as net neutrality.

Public hearings

In this regard, the lawyers submitted a report to the Senate with all their observations and requested that public hearings be organized to discuss the bill more broadly.

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