Lawmakers in the Dominican Republic are considering a new law on freedom of expression that has divided journalists and lawyers.
Some sectors of Dominican society say the proposed legislation is necessary to regulate the role of digital platforms in the dissemination of content. Others maintain that it seeks to put a stranglehold on freedom of expression through censorship.
The legislation would replace Law 6132 of 1962 on the expression and dissemination of thought, which, according to the bill, is socially and technologically outdated and must be replaced.
Among the main points of contention is the proposed creation of the National Institute of Communication (INACOM, for its acronym in Spanish). On paper, the institute would have the responsibility of protecting and promoting the exercise of the right to freedom of expression. Critics say it could act as a censorship mechanism.
“The content [of the bill] was a consensus among all the sectors involved,” said President Luis Abinader of the Dominican Republic, referring to the draft Organic Law on Freedom of Expression and Audiovisual Media presented to the Senate in April 2025. “Now that consensus must be reached in Congress, and all sectors with any concerns or objections must go to Congress to be heard.”
As a special commission in the Senate discusses the proposed legislation, LatAm Journalism Review (LJR) heard from journalists, lawyers and press advocates about their objections to the bill or reasons for supporting it.
The bill has the support of the Dominican Society of Newspapers (SDD). It said in a statement that the proposal "is the result of a broad process of consultation, technical reflection and agreement among various sectors of civil society, academia, specialized legal experts, journalists and media representatives."
The Institutional and Justice Foundation, Inc. (Finjus) also expressed its support, saying that "the bill specifically addresses the role of digital platforms in the dissemination of content, recognizing their growing influence in shaping public opinion and in the exercise of the right to freedom of expression."
The bill establishes that digital platforms that moderate content must act in accordance with human rights and guarantee freedom of expression, being transparent about their rules, algorithms and decisions. They must inform users in Spanish about restrictions, allow appeals and ensure the right to defense. They may only de-index content— meaning remove or exclude a website from search engine results—by court order and if real harm to privacy is demonstrated, without affecting the public interest.
Representatives of Participación Ciudadana, a nonpartisan civic movement and the Dominican chapter of Transparency International, met with the commission responsible for analyzing the bill and expressed their support.
"We agree with the bill because, for example, it recognizes internet access as a fundamental right and requires the State to create the conditions to ensure that access," Francisco Álvarez, coordinator of the political analysis commission at Participación Ciudadana, told LJR.
"Also because it prohibits the indirect censorship that occurs when state resources are used to sanction or reward communicators and journalists, as often occurs with state advertising,” he added.
Another positive element, according to Participación Ciudadana, is that the law establishes the principle of critical tolerance, which requires greater social scrutiny of politicians, public officials, candidates and anyone with a significant presence on social media.
"It has been said that this bill seeks to impose a gag order, which is not true, and it does not contain any criminal penalties. Defamation and libel would still be criminally punishable under other laws," Álvarez said.
Representatives of Participación Ciudadana, a nonpartisan civic movement and the Dominican chapter of Transparency International, met with the commission responsible for analyzing the bill and expressed their support. (Photo: senadord.gob.do)
However, Álvarez said that while the law has positive aspects, others need improvement.
"For example, Article 9 gives the media the right to preserve 'truthful' information, which is dangerous because what is true for some is not true for others," he said.
"This issue deserves greater attention because it connects with the issue of de-indexing, addressed in Article 23, which could force media outlets to delete information, which is very dangerous," he added.
On May 13, dozens of people, including journalists, marched in the streets of Santo Domingo against the bill. One of them was journalist Rosalba Escalante, a reporter for ACD Media, who weeks earlier reported being attacked by members of Dominican Vice President Raquel Peña's security detail while on the job.
“Members of various media outlets have been subjected to verbal and sometimes physical attacks by some security officials. That's what led to the march,” Escalante told LJR. “Furthermore, we express our disagreement with this new freedom of expression law because we already have a law regulating it, and we understand there's no need to create another one. Rather, we need to modify this one and add parts regarding social media.”
The Dominican Bar Association (CARD) also presented a critical analysis of the proposed law to the Senate on May 7.
According to the association, the law uses expressions such as "excessive violence" or "content offensive to dignity" without definition, leaving room for arbitrary interpretation.
The expression of excessive violence is mentioned in the bill regarding parameters for the protection of the rights of children and adolescents. According to the document, the bill seeks to prevent violence that affects social and emotional well-being, as well as to promote the physical, moral, psychological and intellectual development of children and adolescents.
Furthermore, CARD expresses concern about the creation of regulatory mechanisms such as INACOM, which they say would be empowered to "regulate, supervise, sanction and even suspend media broadcasts, which threatens to become a form of indirect censorship disguised as administrative regulation.”
According to the bill, INACOM would be an autonomous State body attached to the Dominican Ministry of Culture, responsible for regulating and supervising audiovisual communication services, digital platforms, cinema and public performances, ensuring compliance with the law and respect for the rights of users, children, adolescents, people with disabilities and women. It would also be responsible for designing policies to promote pluralism, national production and the proper use of the national language and symbols.
Freedom of expression and information is a fundamental right enshrined in Article 49 of the Dominican Constitution. It establishes that every person has the right to freely express their thoughts, ideas and opinions, through any means, without prior censorship.
Even so, representatives of the Dominican government have made several attempts in recent years to regulate freedom of expression and access to information.
In early 2024, a bill was introduced to create the National Intelligence Directorate. Article 11 sought to compel anyone to provide information necessary to safeguard national security. Media outlets and journalists warned this jeopardized journalistic professional secrecy. The bill was dismissed after opposition from several sectors of society.
Another bill was introduced in 2022 by ruling party representative Melania Salvador. The media dubbed it the "Gag Law" because it sought to regulate the protection of rights, privacy, honor, good name and self-image. The Bar Association rejected the bill, considering it a form of censorship that would jeopardize the role of the media. The initiative did not advance.
That same year, another bill was introduced that sought to penalize hate speech. The bill was introduced by Rafael Barón Duluc, senator for La Altagracia province, and ultimately withdrawn after failing to achieve the social and political consensus necessary to move forward.
