Law No.

10-91 creating the Dominican Journalists Association

The National Congress
In the Name of the Republic
Law No. 10-91
WHEREAS both journalists and the media in the country share a
common desire to improve the levels of professionalism in journalism within a legal
and social structure that is compatible with the provisions of the Constitution of the
Dominican Republic and treaties, conventions and declarations on human rights that
have taken our public authorities to provide protection for all human beings seek,
receive and disseminate information and opinions.
WHEREAS we must also advocate that the climate of respect for civil
liberties, particularly the right to free expression of thought, of association, the
company, the work will continue and, in general to all the precepts of our Constitution
to ensure the existence of a democratic society.
WHEREAS it is of high interest to undertake actions to promote the
creation of mechanisms that guarantee social assistance to journalists and their
families an adequate and fair social security.

It has given the following Law:

Article. 1. the Dominican Journalists Association is created based in
Santo Domingo, Dominican Republic, as an institution with legal personality and
composed of professional journalists own assets.
Article. 2. This law regulates the powers of the Dominican College of
Journalists and establishes ethical guidelines and requirements for the exercise of
journalism as a profession in the Dominican Republic. CDP activities shall be limited
to whatever tend toward raising the professional standards of its members without
violating the right of citizens to seek, receive and impart information by any means
without restriction of any nature.
PARAGRAPH: I. The College may not engage in partisan or union
activities. If the violation of this provision is legally checked for evidence or physical

evidence, the Court will exempt the media from the obligations under this law until
the court determines that it has withdrawn the College acts in violation of this article.
PARAGRAPH: II Working relations between the media and
professional journalists are governed by the principle of freedom of contract.
However, on equal terms, when hiring journalists media give preference to graduates
of schools of journalism and / or media at university level.
PARAGRAPH: III Periodically the Dominican College of Journalists
provide media lists of graduates of journalism and / or media at university level that
are able to be employed.
Article. 3. The objectives of the Dominican Journalists Association are:
a) To promote the improvement of professional standards of its
members and protect them in the exercise of their rights and encourage them to fulfill
their obligations, particularly those generated by the Constitution of the Republic and
those international instruments ratified by the country.
b) To defend freedom of expression and dissemination of ideas in the
way that is guaranteed in the Constitution of the Republic and those international
instruments ratified by the country.
c) support and promote science studies of social communication.
d) Ensure compliance with the standards contained in the Code of
Ethics of the College in order to guarantee the purity in the practice of the profession,
provided that they do not put the fundamental human rights at risk.
e) express the feelings of its members and their positions on issues
affecting the social, political and economic development as well as the sovereignty of
the nation.
f) Ensure that journalists have the mechanisms to ensure social
assistance to them and their families to enjoy a decent life and practice according to
ethical standards.
g) To assist in the defense of human rights and peace among peoples
and foster relationships with similar national and foreign organizations.

Article. 4. For the purposes of this and other laws considered

professional graduate schools of journalism and / or media at university level
journalist, and whose principal, regular and gainful employment, seek, obtain and
issue information or reviews in periodicals, audiovisual media, news agencies offices
and agencies concerning the distribution of information, and you get from that
occupation major resources for their livelihoods.
Article. 5. The CDP membership is voluntary and may be members of
the same:
a) Graduates of schools of journalism and / or media at university
level.
b) Any person who acts as journalists in the national media, always
meeting the requirements set out in Article 4.
TRANSIENT: Those who at the time of enactment of this Act are not
employed in a periodical, audiovisual media, press offices or agencies but have
exercised the profession for three years, alternating or continuous, deriving from it the
main resources for their livelihood They have the right to belong to the College.

CHAPTER II
AGENCIES
Article. 6. The Dominican Journalists Association shall consist of the
following management bodies:
a) The General Assembly
b) The Executive Committee
c) The Disciplinary Tribunal

Article. 7. The General Assembly composed of all members of the

Dominican College of Journalists.

Article. 8. The powers of the General Assembly:

a) To elect the Executive Committee.
b) Choose the Disciplinary Tribunal.
c) approve the annual budget of the institution.
d) Decide on the heritage and property of the school.
e) To approve or reject the reports of the Executive Committee.
f) To approve or reject the accolades and awards from the College, at
the request of the Executive Committee.
g) Sanction and Court of Appeal decisions of the Disciplinary Tribunal
and the Executive Committee.
h) To approve the Internal Regulations of the Association and the Code
of Ethics.
i) To elect the president, vice president, treasurer, secretary and a
member of the Board of Directors of the Institute of Security and Protection of
Journalists.
j) Decide on matters not provided for in the rules.
k) To elect a Commissioner.
Article. 9. The Assembly is the highest governing body of the
Dominican College of Journalists and meet:
a) Ordinarily, every (6) months prior notice.
b) Extraordinarily, at the request of the Executive Committee or a third
of its members in fullness of law.
Article. 10. The Executive Committee shall consist of seven members:
president, vice president, secretary, treasurer and three members.

Article. 11. The powers of the Executive Committee:

a) implement the policies of action adopted by the General Assembly.
b) Develop programs that will guide the work of the College, budgets
and plans and projects.
c) manage the assets and funds of the Association for the maintenance
and care of the assets of the institution.
d) To submit the reports for the General Assembly.
e) Ensure the enforcement of licensing and represent the Association
before the courts of the Republic.
f) Process the records to be known by the Disciplinary Tribunal.
g) convene and prepare the agenda of the General Assembly.
h) To set the quotas, contributions and amount to pay for the
paperwork and other services.
i) Know and approve applications for membership if they meet the
requirements of the law.
Article. 12. The President shall be the legal representative of the
College. Its other functions, as well as those of other members of the Executive
Committee will be established in the Internal Regulations.
Article. 13. The Disciplinary Tribunal shall consist of three members
and two alternates, who are elected every two years.
Article. 14. The powers of the Disciplinary Tribunal:
a) Know the cases of violation to the law of an Association, the Code
of Ethics and Rules of the College, and issue the appropriate disciplinary measures
and ensure that the provisions of this law are observed.

b) Establish penalties that can range from private or public reprimand

to temporary suspension, in accordance with the procedures established by the
Internal Regulations.
CHAPTER III
RIGHTS AND DUTIES OF MEMBERS:
Article. 15. The duties of the members:
a) adjust its activities to the principles of professional ethics.
b) Comply with the Law of an Association, the Rules of Procedure, the
Code of
Ethics, agreements, resolutions and other provisions of
College agencies.
c) Pay the contributions and agreed rates for the timely
College support.
d) To participate in general meetings, in the tasks assigned to them
and entrusted all the activities of the College.
Article. 16. The rights of members:
a) To elect and be eligible.
b) to participate and vote in the General Assembly.
c) be defended by judicial or extrajudicial as they may
deprived of their liberty, accused or prosecuted because of
exercise of their profession or in defense of freedom of expression.
d) Enjoy the welfare systems established by the
School.

CHAPTER IV
HERITAGE SCHOOL

Article. 17. Funds from the Dominican Journalists Association shall

consist of registration fees, tuition and fees to be fixed for members, as well as the
contributions that these extraordinary deemed necessary.

PARAGRAPH I. The fees shall be set by the Executive Committee and

shall in no case exceed 2 percent of the salary of a journalist who is a member of the
College. The individuals and companies that employ members of the Association are
obliged, upon written notice, to deduct the amount of the installments of the salary of
members and submit them to the College in the first after payment of the last monthly
fortnight week.
Article. 18. The media that employ journalists referees are obliged to
pay to the Association a sum equivalent to one and a half share which discount to
members.

Article. 19. Financial and monetary operations of the College and the
Institute of Security and Protection of Journalists will be tax free.
They shall also be free of taxes, including the income, contributions
and donations made by the College and the Institute, both the media and other natural
or legal persons.
CHAPTER V
SOCIAL SECURITY

Article. 20. Institute of Welfare and Protection of Journalists, led by a

Board of Directors composed of seven members is created.
Five members of the Board shall be appointed by the General
Assembly of the Journalists Association, one in the Dominican Society of Newspapers
and one by the Dominican Association of Broadcasters.
The Institute of Security and Protection of Journalists will have legal
personality and own assets, and authority to perform all acts of freedom of contract
compatible with its objectives.

PARAGRAPH The first Board shall prepare and approve regulations

of the Institute. This may be amended by a vote of five (5) or more members.

Article. 21. The media, both print and electronic, will make a monthly
contribution to the Institute of Security and Protection of Journalist equivalent to half
a percent of what they receive monthly by paid advertising to disclose.

Article. 22. In the case of leased radio and television advertising

programs and have the monthly contribution and others provided by this Act shall be
borne by the tenant space. In the leases or share how the lessee shall pay to the
environment, which will make the payment in conjunction with the latter match will
be available.
Article. 23. Payment of the contribution will be made each month to
the Institute of Security and Protection of Journalists in the last week of the following
month via the Dominican College of Journalists, which deposited the entire
contribution to the account of the Institute. The latter, within 72 hours, will be paid to
the College the percentage that corresponds according to the stipulations of this law.
Article. 24. 80 percent of the mandatory contributions of the media
both print and electronic, and tenants radio spots and television will go to the Institute
of Security and Protection of Journalists. The remaining 20 percent will be transferred
to the Dominican College of Journalists for their regular expenses.
Article. 25. The Institute and the College must submit their financial
statements duly audited by a firm of external auditors every year.
Article. 26. The funds of the Institute of Security and Protection of
Journalists will be deposited in a bank account than that of the College and may not be
used under any circumstances as collateral and loans to third parties. Institute local
investments should be made in the securities of credit institutions regulated by the
Monetary Board or the National Housing Bank. Each investment must be approved by
a majority of five (5) or more members of the Board of the Institute.
Article. 27. Institute funds may only be used for retirement plans,
health and dental insurance and other welfare purposes. Retirement plans should be
prepared by actuaries of recognized competence and approved by the Board of

Directors. Medical plans and dental insurance must be hired through competition with
firms that offer such services.
CHAPTER VI
OF Sanctions.Article. 28. Violations of this law shall be punished with a fine of one
hundred thousand pesos, except in the case of wrongful retention by a natural or legal
person, of the quotas of the members of the College and other charges for concept
authorized by this Act contributions. In these cases the fine will be 5% percent of the
amount due or failed to pay for each month remaining until a maximum of 50%
percent.
The fine will be calculated from the day that payment should have
been made and not made until the time the court's decision for breach of the relevant
provisions of this law are met.

Article. 29. In case of conflict on the amount of the contribution, the

College and / or request an audit means the Directorate General of Income Tax that
will determine the correct amount to pay.
The decisions of the income tax may be appealed to the administrative
court.

Article. 30. For the purposes of contributions left to pay and other
violations of the law involving sanctions, the competent court shall be the Criminal
Jurisdiction of the Court of First Instance of the domicile of the natural or legal person
who commits the foul.

CHAPTER VII
TRANSITORY DISPOSITIONS
Article. 31. The Dominican Journalists Association will be formally
constituted within a period not exceeding three months from the date of enactment of
this law. The Organizing Committee will be composed as follows:

a) Three representatives of the current Executive Committee of the

Dominican Journalists Association created under Law No. 148 of 30 June 1983;
b) Two representatives of the Dominican Association of Newspapers;
c) A representative of the Dominican Association of Broadcasters.

Article. 32. The attendees of the Organizing Committee must appoint

their delegates within fifteen (15) days from the promulgation of this law.
Article. 33. The provisional headquarters of the Dominican Journalists
Association and the Local Organising Committee will be the first.
Article. 34. The functions of the Organizing Committee will conclude
with the inauguration of the Executive Committee, the Disciplinary Tribunal and the
Institute of Security and Protection of Journalists to be elected by secret majority vote
of the First General Assembly organized under the provisions of this law except the
members of the Dominican Society of Newspapers and the Dominican Association of
Broadcasters.
Article. 35. This act replaces and repeals the No. 148 dated June 30,
1983, and any provisions of other laws that are contrary.
GIVEN in the Hall of Sessions of the Senate, National Congress, in
Santo Domingo, National District, capital of the Dominican Republic, nine (9) days of
the month of April 1991; 148th year of Independence and 128th of the Restoration.

LIC. FLORENTINO CARVAJAL SERUM,

President.Amable Aristy Castro Hector Rodriguez Pimentel,
Secretary.- Secretary.-

GIVEN in the Hall of Sessions of the Chamber of Deputies, National

Congress, in Santo Domingo, National District, capital of the Dominican Republic at

twenty (24) days of the month of April 1991; 148th year of Independence and 128th
of the Restoration.

Norge Botello Fernandez,

President.

Duverg Nelly Perez, Juan Bautista Cabrera,

Secretary. Secretary.
JOAQUIN BALAGUER
President of the Dominican Republic

In exercise of the powers conferred upon me by Article 55 of the

Constitution of the Republic.
ENACT this Law and order that it be published in the Official Gazette,
for knowledge and compliance.
GIVEN in Santo Domingo, National District, capital of the Dominican
Republic, seven (7) days of the month of May of the year 1991; 148th year of
Independence and 128th of the Restoration.
Joaquin Balaguer