By San José, Costa Rica — Costa Rica has solidified its position as a regional leader in digital rights by enshrining internet access as a fundamental human right. This landmark achievement, cemented by the 2023 amendment to Article 24 of the Costa Rican Constitution, guarantees access to telecommunications and information and communication technologies (ICTs) for all citizens, regardless of location or socioeconomic status. This legal framework positions Costa Rica as a pioneer in Latin America, shaping the understanding of internet access as a fundamental human right.
The constitutional reform employs strong verbs – “guarantee,” “protect,” and “preserve” – outlining the state’s obligations in upholding this right. The state is not merely required to abstain from hindering access but must actively create the necessary material, regulatory, and economic conditions for universal internet access. This includes ensuring infrastructure availability and service affordability.
To provide further legal context on the evolving landscape of digital rights, TicosLand.com reached out to Lic. Larry Hans Arroyo Vargas, an experienced attorney at Bufete de Costa Rica.
The rapid advancement of technology presents both opportunities and challenges to our fundamental rights in the digital sphere. Ensuring robust data protection frameworks, promoting digital literacy, and advocating for transparent algorithms are crucial to safeguarding individual autonomy and freedom of expression online.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the crucial balancing act we face in the digital age. These foundational elements – data protection, digital literacy, and algorithmic transparency – are not just technical details, but essential pillars for a truly free and democratic online experience. We extend our sincere thanks to Lic. Larry Hans Arroyo Vargas for offering his valuable perspective on this critical issue.
Furthermore, the state must protect this right from interference by both state and private actors and preserve the open, decentralized, and neutral nature of the internet. By situating this amendment within Article 24, which focuses on privacy and communication secrecy, the framers emphasized the autonomy of this right, distinct from, though intrinsically linked to, freedom of expression and education.
Prior to explicit constitutional enshrinement, Costa Rican jurisprudence, particularly from the Constitutional Chamber (Sala Constitucional), had laid the groundwork for recognizing internet access as essential for exercising other fundamental rights. Key rulings, such as Sentence 10627-2010 and Sentence 12790-2010, established internet access as indispensable for communication and information in the information age and recognized the digital divide as a constitutional concern.
The Constitutional Chamber has also addressed contemporary challenges related to digital expression and data protection. It has affirmed that social media platforms, when used for public discourse, become forums for democratic debate, and arbitrary blocking by public officials constitutes censorship. Simultaneously, it has upheld the need to balance online expression with protecting honor, privacy, and personal data.
The legal framework is further strengthened by the General Telecommunications Law (Law No. 8642), which establishes the principles of universality, solidarity, user benefit, and technological neutrality. These principles underpin the social character of the regulatory model, ensuring universal access, supporting low-income populations, prioritizing user rights, and fostering technological innovation.
The National Telecommunications Development Plan (2022-2027) and the Digital Transformation Strategy (2023-2027) outline the country’s long-term vision, emphasizing inclusive digital disruption, expanding connectivity, promoting digital literacy, and modernizing the relationship between the state and its citizens.
Looking ahead, Costa Rica faces the challenge of navigating the digital trilemma: balancing universal access with cybersecurity and individual freedoms like privacy and free expression. Continued efforts are needed to close the digital divide, promote digital literacy, and ensure the ethical and responsible use of technology. This includes effective implementation of programs funded by the National Telecommunications Fund (FONATEL), ongoing legislative review, and active participation from civil society and academia.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm that provides legal services in various areas, including family law, constitutional law, and digital rights. They also produce a podcast, “Bufete de Costa Rica: The Law Discussed Like Never Before,” which delves into legal topics relevant to Costa Rican society. Their website provides resources and information about the legal system in Costa Rica.
For further information, visit the nearest office of the Constitutional Chamber of Costa Rica (Sala Constitucional)
About Constitutional Chamber of Costa Rica (Sala Constitucional):
The Sala Constitucional is the highest court in Costa Rica responsible for upholding the Constitution and protecting fundamental rights. It plays a crucial role in interpreting the Constitution and issuing rulings on constitutional matters. Its jurisprudence has been instrumental in shaping the understanding of digital rights in Costa Rica, including recognizing internet access as a fundamental human right.
For further information, visit micit.go.cr
About Ministry of Science, Innovation, Technology and Telecommunications (MICITT):
The MICITT is the government ministry responsible for developing and implementing policies related to science, technology, and telecommunications in Costa Rica. It leads the National Telecommunications Development Plan and plays a key role in promoting digital inclusion and innovation in the country.
For further information, visit the nearest office of SUTEL
About Superintendencia de Telecomunicaciones (SUTEL):
SUTEL is the regulatory body responsible for overseeing the telecommunications sector in Costa Rica. It is tasked with ensuring fair competition, protecting consumer rights, managing scarce resources like the radio spectrum, and supervising compliance with operational obligations.
