President Luis Abinader has signed into law a new measure designed to safeguard the professional integrity of journalists in the Dominican Republic. Law 38-24 establishes a “conscience clause” that grants journalists the right to sever their employment if they feel their professional ethics or independence are being compromised.
The legislation, enacted on 9 August 2024, provides a legal framework to protect journalists from being forced to produce content that conflicts with their personal beliefs. According to Article 3 of the law, “the Dominican journalist’s conscience clause is recognized in the exercise of their freedom of information as a guarantee to preserve the objective nature of that freedom, its role as a fundamental piece in the democratic system, and its purpose as a right to transmit and receive free and pluralistic information.”
The law defines the “conscience clause” as an implied term in a journalist’s employment contract, allowing them to terminate their employment under certain conditions without penalty. These conditions include significant changes to the publication’s editorial line or ownership that would compromise the journalist’s integrity or reputation.
Additionally, the law permits journalists to invoke the conscience clause if they are transferred to a different media outlet within the same company that has a substantially different editorial stance.
Journalists can invoke this right through the established procedures outlined in the Labor Code for private sector employees, and through the public service law for government employees.
Read more in Spanish:
Listin Diario
4 September 2024