Santo Domingo.- As an attack on democracy, a threat to freedom of expression and information, described the NGO Participación Ciudadana, the Project of law that regulates the protection of the right to privacyhonor, good name and one’s own image, recently approved in the Senate, which is on the agenda of the Chamber of Deputies.
“This piece of legislation tries to protect public officials, politicians and legislators at a time when what is needed is transparency, greater accountability and empowerment of citizens and the press in terms of their right to monitor the actions of the rulers. ”, said the institution in a press release.
This project, if it becomes law, would harm the equality of citizens, favoring those who have public functions.
You may also like: Vice refuses to limit the work of journalists
The public interest, on the other hand, must prevail over the private, when it implies clarity in the search for truth, information and news.
The entity said that if this bill is approved, the media would have to request consent each time they use their image files of public figures.
He indicated that “The journalistic investigation, which has contributed so much to the discovery and exposure of acts of corruption and illicit activities, would be seriously threatened by this attempted gag.”
“Dominican democracy has been classified as defective, according to the most recent Latin American Political Risk Report 2022, from the Center for International Studies,” the statement highlights.
He noted that “Studies such as Latinobarómetro establish that the Dominican Republic suffers from institutional weakness, and lack of trust in political actors, especially in congressmen.”
He explained that the country has sufficient legislation to protect the legitimate right to dignity, honor and privacy. The Constitution, in its article 38, reads: Human dignity “The State is based on respect for the dignity of the person and is organized for the real and effective protection of the fundamental rights that are inherent to it. The dignity of the human being is sacred, innate and inviolable, its respect and protection constitute an essential responsibility of the public authorities”.
Similarly, article 44 refers to the “Right to privacy and personal honor and establishes that: Every person has the right to privacy. Respect and non-interference in the individual’s private and family life, home and correspondence are guaranteed. The right to honor, to a good name and to one’s own image is recognized”.
The Penal Code contemplates sanctions and Law 61-32 typifies defamation and insult with clearly determined sanctions. Additionally, Law 192-19 establishes the need to protect the image, honor and family privacy linked to deceased or injured persons.
It highlights that the Constitution protects citizens, in its article 22: Rights of Citizens, in numeral 5, which says “Report the faults committed by public officials in the performance of their duties”; and, article 75, about the Fundamental Duties, numeral 12, calls for “Ensuring the strengthening and quality of democracy, respect for public heritage and the transparent exercise of public function.”
Citizen Participation expressed that it defends the right to dignity and good name of every citizen including legislators, politicians and officials. However, he understands that this dignity and good name are based on his correct actions, both public and private. They have the right to claim if they are offended or slandered, but they do not have the right to establish preconditions and permissions for the publication of their performances. On the contrary, rulings of the Constitutional Court favor the right of citizens to participate in public debate on issues of social interest.
«The construction of a solid democracy, as well as the end of impunity and corruption, go through constant and well-structured surveillance, both by the press and by citizens, especially in times of expansion of organized crime» , indicates the entity.
It specifies that public scrutiny is inherent to democracy, favors people who act ethically and respects the law, and prevents misconduct. “Credibility and trust are earned through public exposure, since ethical actions do not need to be protected, and this, instead of being seen as a threat, should be used to educate and advance.”
Citizen Participation aspires that this bill be an opportunity for the deputies to reaffirm the commitment they assumed with the construction of a democratic society and the defense of the spaces of freedom that have cost the Dominican people so many sacrifices.
