The Constitutional Chamber played a key role in defending freedom of expression during the last six months by directly protecting media outlets and journalists. The court ruled on two landmark cases concerning access to public information and the freedom to express critical opinions, protecting a legislator and a head coach of a first-division football team. In both cases, the impact of the rulings on journalistic work was undeniable.
On May 20, the Constitutional Chamber ruled in favor of Broad Front deputy Antonio Ortega, ordering the Executive Branch to provide details about the state dinner hosted for Salvadoran President Nayib Bukele during his visit to the country. The deputy received no response after requesting information about the event. The court ordered the government to provide information from the Central American Bank for Economic Integration (CABEI) regarding the cost of the dinner, the guest list, and whether it was organized by the Ministry of Foreign Affairs or by the Presidential House.
On June 5, the Constitutional Chamber granted an injunction to protect the freedom of expression of journalists David Bolaños Acuña, David Chavarría Hernández, and Héctor Guzmán Suárez, who were silenced during press conferences held by President Rodrigo Chaves Robles. Guzmán had been interrupted by the president, preventing him from asking questions. Meanwhile, several agents from the Presidential Protection Unit surrounded Bolaños and Chavarría when they attempted to ask questions to Cháves and the Minister of the Presidency.
On July 8, the Constitutional Chamber ruled against Banco Popular and the Costa Rican Electricity Institute (ICE) for withdrawing advertising from the program El Chinamo, whose satirical segment “Chinaoke” presented several parodies critical of public security, the cost of living, healthcare, and other nationally relevant issues.
The bank argued that its brand should not be associated with inappropriate images or those that could encourage behavior contrary to morality and public order. ICE stated that the values of its brand were not aligned with the program’s content, particularly in the “Chinaoke” segment, and announced that it would consider withdrawing advertising from Teletica Canal 7, where the program is broadcast.
The judges determined that retaliating against the program’s satirical content violated freedom of expression and defended political satire as one of the oldest forms of expressing free speech. The chamber ruled that citizens have the right to criticize public authorities in various ways, taking advantage of the wide latitude inherent in freedom of expression, including satire. The court also condemned the use of public advertising as a form of indirect or covert censorship.
On August 5, the Constitutional Chamber upheld two injunctions against the 1,000,000 fine imposed on head coach José Giacone by the Disciplinary Tribunal of the Costa Rican Football Federation (Fedefútbol). The fine was levied to punish critical statements about the refereeing of a match between Costa Rica’s two biggest football rivals. The judges stated that the sanction, based on Fedefútbol’s Disciplinary Regulations, violated freedom of expression by penalizing opinions on a matter of public interest. They noted that the fine indirectly affected the public’s right to receive information and opinions about referees’ performance. The judges clarified that, in principle, they do not intervene in disciplinary decisions of private sports entities; however, this case required evaluation due to its impact on a fundamental right within the democratic framework.
Following the Constitutional Chamber’s ruling regarding journalists, President Chaves stopped using the most insulting epithets to stigmatize reporters. However, Wednesday press conferences—two-hour events organized by the Presidential communications team and broadcast on official channels—still include direct attacks on media outlets and journalists. In this segment, a session titled “Fact Kills Lie” is regularly used to distort reality and accuse independent media of lying.
