P-au-P, 17 from 2024 [AlterPresse] – Political host Luckner Désir, also known as Louco Désir, risks facing up to three years in prison for defamation, following the insults he uttered on the Wednesday show “Matin Débat” May 8, 2024, against the journalist Ives Marie Chanel and the diplomat Edwin Mardochée Paraison, president of the Fundación Zile in the Dominican Republic, declares on the AlterPresse/AlterRadio Me platform, Samuel Madistin, lawyer for the plaintiffs.
“The law provides for up to three years in prison for defamation, one year in prison for insults. The law also provides for a fine for the benefit of the State (prison and fine or prison or fine, as the case may be). In the case of defamation, it’s prison and fine,” explains Madistin in an interview with AlterPresse/AlterRadio.
“We asked to correct Luckner Désir’s behavior in society. We asked the court to verify the accusations of Luckner Désir, who took the title of “journalist” and committed a serious act,” he said.
The journalist Ives Marie Chanel and the diplomat Edwin Mordochée Paraison summoned the host Luckner Désirso that he provides proof of his allegations and accusations, accompanied by insults made against them, on Wednesday May 8, 2024.
Luckner Désir criticized an article from the investigative media Ayibopost, which denounces questionable management of funds collected for the construction of the canal on the Massacre River (Ouanaminthe, North-East of Haiti, on the common border with Dajabón / Dominican Republic ).
The host of the program “Matin Débat” on Wednesday May 8, 2024, broadcast on Radio Télé Éclair, accused the exhibitors of “having collaborated with a foreign head of state to carry the name of Luckner Désir on a list of people prohibited from entering the Dominican Republic and against the interests of the Haitian people in the context of the canal construction project, according to the summons.
This was addressed to Radio Télé Éclair and to Luckner Désir, star host of the show “Matin Débat”, broadcast on the station.
What about the protection of a journalistic source and freedom of expression?
In a responsive summons, political presenter Luckner Désir invoked the right to protection of journalistic sources in this matter, while taking responsibility for the allegations broadcast.
The law protects the journalistic source, but to what extent? What does this protection mean?, asks Me. Samuel Madistin.
This right to protect journalistic sources is neither absolute nor unassailable, Madistin argues, while recognizing the importance of freedom of expression, “the cornerstone of any democratic society”.
One of the limits of freedom of expression is respect for the reputation of others, respect for the rights of others, he emphasizes.
The law protects a journalistic source, to the extent that it informs the journalist about “something true, verifiable,” he adds.
The law requires journalists to verify the authenticity of the information they are given before disclosing it, Madistin insists.
“If what the journalist says is not verified, he loses this protection,” he points out, recalling how journalistic protection does not cover offensive information.
“When you tell someone that he is a crook (souflanchou), you insult him. Insulting someone is an offense and the law provides for a penalty in this case. When the source gives you inaccurate, misleading information, if you disclose it, it is an offense, it is defamation.”
The act of a journalist publishing, disclosing or disseminating false information about others violates the right to protect the reputation of others. At that moment, the journalist ceases to be a journalist, he becomes a delinquent, maintains Mr. Samuel Madistin.
The press organ, which gives the microphone to a journalist to defame, is a civilly responsible person, he points out.
“We asked the court to ensure that this media now employs those who have taken journalistic training in specialized schools, in order to avoid these mistakes being made in the future.”
Me. Samuel Madistin, lawyer for the plaintiffs Ives Marie Chanel and Edwin Mardochée Paraison, president of the Fundación Zile in the Dominican Republic, asked the prosecution at the court of Port-au-Prince to initiate public action against Luckner (Louco ) Desire for defamation and insults to the detriment of its clients. [mff emb rc apr 17/05/2024 11:15]
