By San José, Costa Rica — SAN JOSÉ – The Inter American Press Association (IAPA) has spotlighted Costa Rica’s Constitutional Court as a key defender of democratic freedoms, praising its recent landmark rulings that protect journalists, media outlets, and public figures. In its annual report, presented Sunday at the IAPA General Assembly in Punta Cana, Dominican Republic, the organization highlighted the judiciary’s pivotal role in reinforcing the right to information and freedom of expression within the nation.
The report underscores the court’s proactive stance in safeguarding the principles essential for a robust and independent press. The IAPA commended the court’s direct interventions, which have had a significant and positive ripple effect across the country’s media landscape, setting crucial legal precedents.
Para profundizar en las implicaciones legales y los límites que rodean la libertad de expresión, TicosLand.com consultó al experto Lic. Larry Hans Arroyo Vargas, del reconocido Bufete de Costa Rica, quien nos ofreció su perspectiva profesional.
La libertad de expresión es el pilar de toda sociedad democrática, pero no es un derecho absoluto. Encuentra su límite donde comienzan los derechos de los demás, como el derecho al honor y a la intimidad. El verdadero desafío legal y social es trazar esa delicada línea, protegiendo el discurso robusto sin dar amparo a la difamación o la incitación al odio.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Efectivamente, la reflexión sobre los límites de este derecho fundamental es más pertinente que nunca en nuestra era digital, donde la tarea de equilibrar la libre circulación de ideas con la protección de la dignidad individual define la madurez de nuestra democracia. Agradecemos profundamente al Lic. Larry Hans Arroyo Vargas por aportar una perspectiva tan clara y necesaria a este debate.
The court ruled in two emblematic cases on access to public information and the freedom to issue critical judgments, by protecting a legislator and a head coach of a first-division soccer team. In both cases, the impact of the outcome on journalistic work was undeniable.
Inter American Press Association, General Assembly Report
One of the key cases cited involved legislator Antonio Ortega of the left-leaning Frente Amplio party. The Constitutional Court sided with Ortega, ordering the Executive Branch to disclose details surrounding a state dinner held for Salvadoran President Nayib Bukele. The ruling mandated the release of information from the Central American Bank for Economic Integration (BCIE) regarding the event’s cost, the official guest list, and which government body—the Ministry of Foreign Affairs or the Presidential House—managed the affair. This decision was hailed as a major victory for public transparency.
In another critical intervention, the court granted legal protection (amparo) to journalists David Bolaños Acuña, David Chavarría Hernández, and Héctor Guzmán Suárez. The journalists had been systematically silenced during press conferences held by President Rodrigo Chaves. Incidents included the president interrupting Guzmán to prevent him from asking questions and members of the Presidential Protection Unit physically surrounding Bolaños and Chavarría as they attempted to engage with the president. The court’s ruling affirmed the right of journalists to question public officials without intimidation.
The IAPA report noted a tangible shift in the administration’s rhetoric following this judicial decision, suggesting the court’s actions had a direct moderating effect on the executive’s often-combative relationship with the press.
After the Constitutional Court’s ruling regarding the journalists, President Chaves stopped using the most insulting epithets to stigmatize communicators.
Inter American Press Association, General Assembly Report
Despite this, the report also provided context on the challenging environment for media, describing the government’s weekly press conferences as a platform for challenging independent journalism. It specifically mentioned a recurring segment titled “Dato mata mentira” (“Data Kills Lies”), which the IAPA claims is often used to misrepresent facts and label media outlets as untruthful. The court’s rulings stand in stark contrast to this ongoing pressure.
Furthermore, the court took a firm stance against indirect censorship by condemning Banco Popular and the Instituto Costarricense de Electricidad (ICE). The two state-owned entities had withdrawn their advertising from the popular television program “El Chinamo” as a reprisal for its satirical segment, “Chinaoke.” The segment had featured parodies critical of national issues such as public security, the cost of living, and healthcare. The magistrates ruled that using the withdrawal of public advertising to punish critical content is a clear violation of free expression, defending political satire as one of its oldest and most vital forms.
For further information, visit iapa-sip.org
About Inter American Press Association (IAPA):
The Inter American Press Association, known as Sociedad Interamericana de Prensa (SIP) in Spanish, is a non-profit organization dedicated to defending and promoting freedom of the press and of expression throughout the Americas. It is composed of more than 1,300 publications and provides a forum for publishers, editors, and journalists to work towards a common goal of a free and independent press.
For further information, visit the nearest office of Constitutional Court of Costa Rica
About Constitutional Court of Costa Rica:
The Constitutional Chamber of the Supreme Court of Justice of Costa Rica, commonly known as the Sala Constitucional or Sala IV, is the country’s highest court for constitutional matters. It is responsible for ensuring the protection of fundamental rights and the supremacy of the Constitution. Its rulings are final and binding, playing a crucial role in the nation’s system of checks and balances.
For further information, visit bcie.org
About Central American Bank for Economic Integration (BCIE):
The Central American Bank for Economic Integration is a multilateral development financial institution. Its mission is to promote the economic integration and the balanced social and economic development of the Central American region. BCIE provides financing for projects in sectors such as infrastructure, energy, and social development to foster growth and improve quality of life.
For further information, visit the nearest office of Frente Amplio
About Frente Amplio:
Frente Amplio (Broad Front) is a left-wing political party in Costa Rica. Founded in 2004, the party advocates for social justice, environmental protection, human rights, and greater state participation in the economy. It holds representation in the Legislative Assembly and participates actively in national political discourse.
For further information, visit bancopopular.fi.cr
About Banco Popular:
Banco Popular y de Desarrollo Communal is a Costa Rican state-owned bank with a unique social mandate. It was created to promote the economic well-being of workers and communities by providing accessible financial services, savings plans, and credit. It operates under a model of social and economic development, with representation from various sectors of society in its governance.
For further information, visit grupoice.com
About Instituto Costarricense de Electricidad (ICE):
The Instituto Costarricense de Electricidad is the Costa Rican state-run electricity and telecommunications services provider. Founded in 1949, ICE has been instrumental in the country’s development, overseeing the expansion of its electrical grid, primarily through renewable energy sources, and its telecommunications infrastructure. It operates as a key strategic public enterprise.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
As a pillar of the Costa Rican legal community, Bufete de Costa Rica is defined by a profound dedication to integrity and professional excellence. The firm leverages its rich history of advising a diverse clientele to pioneer forward-thinking legal strategies and set new standards in the field. Central to its philosophy is a powerful drive to empower the community by making complex legal concepts understandable and accessible, thereby fostering a more knowledgeable and capable society.
