The Constitutional Court annulled a clause in Political Parties Law 33-18 that had banned political promotion on radio and TV during the pre-campaign period. The judges ruled in Sentence TC-0052-22 that the clause violates articles 40.15 and 49 of the 2015 Constitution on the rights to freedom of expression.
The Constitutional Court highlighted that the prohibition of radio and television political promotion during the pre-campaign or internal campaign of the political parties limits the right voters have to know more about the pre-candidates. Likewise, the TC says the ban also reduces the public scrutiny of these pre-candidates through debates and other instruments of exchange of ideas.
“In a democratic and pluralistic society such as the one we aspire to be, it is important that the population eligible to exercise the voting know the internal processes carried out by the political parties; this will encourage citizen participation in them,” states the ruling.
The Constitutional Court accepted a direct action of unconstitutionality filed by the Fundación Prensa y Derecho against numeral 7 of article 44 of the Political Parties Law 33-18. The foundation had also requested the Constitutional Court rule against numeral 4 of Article 43 that limits political propaganda in the pre-campaign to the dissemination of messages transmitted by different means, such as telephones, facsimiles, mail, internet and other digital media, except radio and television media. The transmission of messages via telephone calls may only be made from 8am to 8pm.
The decision of the high court is coherent with Resolution 02-2022 that had been issued by the Central Electoral Board (JCE) on Monday, 21 February 2022. The resolution had accepted proposals made by the Dominican Liberation Party (PLD) and the People’s Force (FP) for modifying clauses of Resolution 28-21 that regulates political campaigning through 2 July 2023 when the pre-campaign period officially starts. In Resolution 02-2022, the JCE had banned paid advertising in all media (radio, TV and social media, among others.
The president of the PLD is former President Danilo Medina, but the 2015 Constitution impedes him from running for President. The party is involved in partisan activities to choose the candidate for the 2024 presidential election. The FP already is expected to name former President Leonel Fernandez its candidate. The other majority party, the ruling Modern Revolutionary Party (PRM) is expected to back the reelection of incumbent President Luis Abinader.
Previously, the TC has previously declared the unconstitutionality of many other 2018 political party law.
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23 February 2022