Project for freedom of expression without censorship of platforms

Constitutional lawyer Namphi Rodríguez , who coordinated an advisory committee to reform the freedom of expression law , clarified several aspects of the bill submitted to the Senate last week on Sunday.

He assured that media outlets that distribute content and programs through digital platforms will not be required to "collaborate" with state institutions, nor will there be a regulatory body tasked with removing content from these platforms.

He explained that the central objective of this reform to Law 6132, in force since 1962, is to strengthen freedom of expression and the rights of users of digital platforms , guaranteeing the protection of fundamental rights without resorting to repressive mechanisms.

One of the most obvious examples of this approach, he explained, is the elimination of prison sentences for defamation and slander in the draft Law on Freedom of Expression and Media.

Social networks

"There is no provision in the bill that grants the regulatory body that will be created—the National Institute of Communications ( Inacom )—the authority to remove content from digital platforms ," ​​Rodríguez emphasized.

He explained that the reference to the term "digital platforms " is linked to large platforms such as Facebook, Instagram and X, for which transparency obligations are established.

In a post on his X account, the jurist clarified that Inacom will not have the authority to regulate or sanction content broadcast by traditional media or by individuals on social networks, except in relation to the protection of children and human dignity.

One of the points that has generated public confusion is the treatment of the liability of digital platforms . In this regard, Rodríguez pointed out that the bill expressly establishes that they will not be liable for content broadcast by third parties, except when they disobey a ruling issued by a competent judge.

A new entity

The bill also proposes a model for a regulatory body independent of the Executive Branch, with its members appointed by the National Congress . This seeks to provide INACOM with legitimacy and autonomy from political power.

Rodríguez recalled that the legislative text was drafted by a committee composed of figures with recognized experience in defending fundamental rights and that its drafting was the result of more than two years of consultations with national and international stakeholders.

• Among the entities that participated in the consensus were the Dominican Society of Newspapers (SDD) and the Dominican College of Journalists (CDP), as well as academics and experts in constitutional law.

More debate

The jurist invited citizens to get involved in the debate and contribute proposals to enrich the bill .

He emphasized that the initiative complies with recognized international standards , including those of the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission on Human Rights (IACHR) and the guidelines on digital platform governance issued by UNESCO.

The bill was sent by the Executive Branch to the Senate, which must review the initiative and decide whether to approve or reject it before subsequently sending it to the Chamber of Deputies.

Congress will pay special attention to the bill after having several bills before its committees that threatened freedom of expression and the press, such as bills on cybersecurity, the protection of honor and good name, the National Intelligence Directorate (DNI), and the one that would regulate state advertising for the media.

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