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AMERICAS: DOMINICAN REPUBLIC

Zaisa E. Lugo

Caribbean without Bikinis?
Author:   Zaida E. Lugo, Esq., Angeles & Lugo Lovaton

On April 12, 2007, Congressman Néstor Cruz introduced to the Chamber of Representatives a project of law seeking the protection against the abuse of the image of women on television.

In eight introductory supportive paragraphs, Cruz defended his initiative which, according to his beliefs, aims to care for both mental and spiritual health of Dominican citizens.

One of the paragraphs supporting the Project, stated that: “the use and abuse of the body and figure of women in television propaganda is negatively affecting the education of children of both sexes, to the point where it is limiting their intellectual capacity and deforming their vocational interests”.

The first paragraph of proposed Article 5 indicated that the use of images of women in bikinis in television commercials for means other than to promote a bathing suit trademark or to cover a fashion show would be a violation to the law.

The project encountered criticism and opposition by the Dominican Advertisement Agencies Association, Inc. (LIDAP), who presented arguments in writing and during a public hearing held by the special commission of Representatives appointed to review the initiative.  Among the critics:

1) That the project ignored, for procedure purposes, the existence of Laws No. 358-00 regarding Consumer Protection, and 136-03 regarding the Protection of Children and Teenagers.

2) That a particular matter should not be addressed by a law, but instead the Commission should study the proposal prepared by LIDAP for the approval of a General Publicity Law.  LIDAP has prepared said Project of Law with the aid of Law Offices ANGELES & LUGO LOVATON.

As a result, the Permanent Commission of the Chamber of Representatives for Matters related to Media, has appointed Zaida E. Lugo, Esq., of ANGELES & LUGO LOVATON, as their formal advisor for the drafting of a Publicity Law.  Mrs. Lugo is now working with client LIDAP to give final touches to the project.

On December 4, 2007, during a Press Conference, the Commission announced the rejection of the “Bikini Law Project” and that works have started to promote a general Publicity Law for Dominican Republic.