SRFOE calls on Haitian authorities to guarantee freedom of expression as a pillar of democratic transition and the restoration of security

January 28, 2026

Washington, D.C. — The Office of the Special Rapporteur for Freedom of Expression (SRFOE) of the Inter-American Commission on Human Rights (IACHR) expresses its deep concern over the recent approval of a decree in Haiti that could impose undue restrictions on freedom of expression and criminalize criticism of authorities. This law threatens to inhibit public debate and accountability in a particularly sensitive context for the country, marked by the expiration of the Transitional Presidential Council’s (TPC) mandate in February 2026, difficulties in holding elections in a scenario of persistent insecurity, and the replacement of the Multinational Security Support (MSS) Mission by the Gang Suppression Force (GSF). The SRFOE urges the Haitian authorities to repeal the decree, to refrain from adopting provisions that unduly restrict freedom of expression, and to guarantee this right as an essential pillar of democratic transition and the restoration of security.

On December 18, 2025, the TPC approved a decree regulating the exercise of freedom of expression, aimed at the “prevention and repression” of defamation and “press crimes”. According to the regulation, “press crimes” may include defamation; insults; dissemination of false news that may alter “public order” or “incite violence or hatred”; cyber-bullying, understood as any repeated act by electronic means aimed at “altering the tranquility” or “attacking the dignity” of other persons; and “hate speech” (Article 7).

In addition, these acts may be punished with imprisonment of up to three years and a fine of up to 100,000 gourdes, without prejudice to civil damages. For slander or defamation against public officials, members of the public force, the emblems or symbols of the Republic and heroes of independence, additional sanctions are prescribed or may be imposed, including imprisonment, fines, hard labor and public apologies (Article 11). According to the decree, the direct authors, the directors or persons responsible for the publication, the owners or administrators of media or online platforms that have not promptly removed the alleged “illicit” content may be held liable under this law (Article 9).

Likewise, the decree assigns to the National Telecommunications Council (CONATEL) the regulation of duly “recognized and authorized” media. The media and digital platforms must keep and deliver, at the request of the judicial authority or complainant, the data to identify the authors of alleged “illicit content,” and immediately remove any “manifestly illicit” content; otherwise, they are considered “accomplices” and will be subject to the same penalties as the alleged perpetrators of the crimes (articles 17 and 18).

The SRFOE expresses serious concern regarding these provisions, particularly due to the use of vague and ambiguous language in the decree, which could be interpreted broadly, unduly restricting the right to freedom of expression and contravening the standards of the Inter-American system, according to which any limitation to fundamental freedoms must be expressly, precisely and specifically provided for in the law. It also warns that the aforementioned sanctions, together with the obligation to remove “allegedly illicit” content and the threat to hold media outlets and platforms responsible as “accomplices”, have the potential to produce an inhibiting and self-censoring effect, as well as to restrict legitimate criticism and democratic debate, which are essential for public control and accountability.

As this Office warned in its recent Special Report on the “Situation of Press Freedom in Haiti”, the country’s multidimensional crisis requires reinforced guarantees for the free flow of information and independent journalism, essential for the accountability of the actors of the transition, including the CPT, the Office of the Prime Minister and their Cabinet, as well as the Gang Suppression Force, approved by the UN Security Council; the denunciation of human rights violations, corruption, and impunity; and the protection of the integrity of the eventual electoral process and the public debate surrounding it. These conclusions and recommendations were reiterated by the Special Rapporteur during the public hearing on “Haiti: Arms trafficking and its impact on human rights”, held in November 2025, at the 194^th IACHR Regular Period of Sessions, to which the State did not send representatives.

The approval of criminal defamation offences not only imposes undue restrictions on freedom of expression, but also aggravates an already adverse and violent context for the exercise of journalistic work, with lethal attacks by armed groups, kidnappings, forced displacement and exile, and excessive use of public force. The SRFOE therefore urges the Haitian authorities to repeal this decree, to refrain from adopting regulations that unduly restrict freedom of expression, and to reaffirm their commitment to protect journalists and the role of the press in the restoration of democracy and security in the country.

This Office also reiterates its willingness to provide technical assistance and maintain a dialogue to strengthen the legal and institutional frameworks that protect freedom of expression and the right of the Haitian people to seek, receive and disseminate information and ideas without fear.

The Office of the Special Rapporteur for Freedom of Expression (SRFOE) is an office created by the Inter-American Commission on Human Rights (IACHR) to encourage the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system.

No. R019/26

11:55 AM