Haiti’s presidential council expands defamation laws as end of political immunity looms

Miami, January 16, 2026—The Committee to Protect Journalists calls on Haitian authorities to rescind a decree that broadens criminal defamation laws after Haiti’s ruling body, the Transitional Presidential Council, published the decree without prior public discussion.

“The Transitional Presidential Council is in place to provide stability at a time of deep upheaval in Haiti. Measures like this decree only make conditions worse by threatening the public’s right to know and making accountability journalism even more difficult,” said CPJ U.S., Canada, and Caribbean Program Coordinator Katherine Jacobsen. “CPJ has campaigned against criminal defamation laws around the world. It is shameful that, in its final months in power, Haiti’s Transitional Presidential Council has surreptitiously rolled back media freedoms in what appears to be an attempt to inoculate themselves from criticism once they leave office.”

The decree, published in Le Moniteur, the official organ of the Transitional Presidential Council, states the following: 

• although “freedom of expression is guaranteed” under the Constitution,” victims of “illicit content” may request the removal of the illicit content through summary proceedings under penalty of fines and imprisonment of up to three years

• insulting or defaming the country’s independence heroes, including former Emperor Jean Jacques Dessalines, is punishable by a fine of $80,000 and up to 10 years in prison

• any insult against the emblem or symbols of Haiti or its national heritage, is punishable by a fine of $150,000 and 20 years of forced labor

• all media outlets, including social media, are required to be “duly recognized and authorized” by the National Telecommunications Council (CONATEL) in coordination with the Ministry of Culture and Communication and the Ministry of Justice and Public Security

Installed in April 2024, the mandate of Haiti’s Transitional Presidential Council is scheduled to end February 7, after which nine members will no longer enjoy political immunity and could face increased public scrutiny over surging violence and lack of governmental transparency that has plagued the council’s tenure.

Criminal defamation under Haiti’s penal code has rarely been used against journalist, but the decree, ahead of the country’s first presidential election in a decade, is a concerning harbinger of how the media could be treated both during and after the election.

CPJ’s text message requesting clarity on the decree’s implications to the Transitional Presidential Council’s spokesperson did not receive a reply. 

CPJ’s Work in Haiti 

In 2025, CPJ provided financial support to 17 Haitian journalists, facing incidents related to their work, in the form of grants to cover needs such as psychosocial support, medical and relocation costs. CPJ has also reported about high impunity rates in the killing of journalists in Haiti due in part to a lack of stability and political will within the country, and advocated for justice in their murders.