The Je Klere Foundation (FJKL), a citizens' human rights organization, expresses its deep concern regarding the new decree on freedom of expression adopted on December 18, 2025, by the Presidential Transitional Council (CPT) and published in the official gazette, Le Moniteur, on December 31, 2025.

In a report published on January 15, 2026, the FJKL deems the decree repressive and presents it as a serious threat to democracy in Haiti, demanding its immediate withdrawal.

The FJKL believes that the CPT, with this decree, is encroaching on the legislative power normally vested in Parliament and violating the Constitution and international treaties.

According to the Foundation's analysis, this decree contravenes the Haitian Constitution and the Inter-American Convention on Human Rights.

The ambiguities surrounding the decree foster arbitrariness and censorship. Articles 4 and 5 use vague terms such as "public order" and "national security" imprecise notions that can serve as a basis for arbitrary interpretations to silence the opposition.

Although the decree purports to protect journalists, it actually facilitates their arrest in cases of "flagrant offenses" or even simple complaints, without sufficient legal safeguards.

Furthermore, the report denounces a definition of defamation so broad that it prohibits all journalistic criticism. Journalists cannot prove the veracity of their statements to defend themselves. Disproportionate penalties are stipulated, up to three years in prison for defamation and 20 years of forced labor for insulting the symbols of the Republic, with the statute of limitations extended to five years.

Article 18 of the decree is particularly concerning. It compels digital platforms to retain and transmit the identifying data of authors of content deemed illegal, in flagrant violation of Article 28-2 of the Constitution, which guarantees the confidentiality of sources.

For the FJKL, "This decree is a tool of political repression reminiscent of the darkest periods in Haiti's history."

Download the full Decree (PDF in French, 7 pages) : https://www.haitilibre.com/docs/Decret-la-liberte-dexpression-repression-des-delits-de-diffamation-et-de-presse.pdf

See also :

https://www.haitilibre.com/en/news-46595-haiti-politic-the-cpt-and-the-government-decide-on-the-limits-of-freedom-of-expression.html

TB/ HaitiLibre