Another ruling from the Constitutional Court condemns indirect censorship in the case of El Chinamo
Another ruling from the Constitutional Court condemns indirect censorship in the case of El Chinamo
Miami (July 10, 2025) — The Inter American Press Association (IAPA) applauds the ruling by Costa Rica's Constitutional Chamber that upheld the amparo appeals filed against the Costa Rican Electricity Institute (ICE) and Banco Popular for withdrawing their advertising from the television program El Chinamo, broadcasted on Teletica Channel 7, following the airing of its satirical segment "El Chinaoke". The organization considered the ruling a significant precedent in favor of press freedom in Costa Rica.
The constitutional tribunal, known as Sala IV, acknowledged that the decisions of both state entities constituted acts of indirect censorship by imposing commercial consequences linked to editorial content, in this case a satire, thereby violating fundamental rights enshrined by the Constitution and international treaties, as reported by local press.
In the amparo appeals filed by a lawyer and an elderly citizen, it was alleged that ICE and Banco Popular withdrew their sponsorship after the broadcast of songs with political and social satire in "El Chinaoke". The Court emphasized the importance of such expressions within the democratic framework and underscored that official advertising cannot be used to restrict the right to criticize those in power.
The Constitutional Chamber determined that both entities linked state advertising funding to the content of a humorous segment of political criticism, which constitutes an inappropriate use of public funds to exert pressure, as reported by Teletica. The "Chinaokes" aired in the 2024 season addressed issues such as insecurity, high cost of living, social inequality, and deficiencies in the services of the Costa Rican Social Security Fund.
"The Constitutional Chamber's decision strengthens an essential principle: state advertising should not be used as a mechanism to reward or punish journalistic or artistic content," said José Roberto Dutriz, president of IAPA. "We welcome the clarity of the ruling, which sends an unequivocal message about the obligation of public institutions to respect freedom of expression in all its forms," stated Dutriz, CEO and general director of La Prensa Gráfica from El Salvador.
Martha Ramos, president of IAPA's Committee on Freedom of the Press and Information, added: "Satire and political humor are legitimate forms of criticism that enrich democratic debate. This ruling recognizes that withdrawing state advertising due to the critical content of a program constitutes a form of veiled censorship and is inappropriate in a democratic society," said the editorial director of the Organización Editorial Mexicana (OEM).
Televisora de Costa Rica also reacted to the tribunal's decision: "Following the ruling by the Constitutional Chamber, Televisora de Costa Rica values the defense of freedom of expression by the Chamber and we are considering our options, including assessing damages suffered from these clearly unconstitutional acts that undermine press freedom, freedom of expression, and freedom of commerce."
The ruling validates IAPA's statement on December 21, 2024, where the organization warned about the use of state advertising as an instrument of censorship in Costa Rica, following actions by ICE and Banco Popular. At that time, IAPA condemned governmental interference aimed at silencing legitimate expressions of criticism through economic pressures.
The IAPA also priased two other recent rulings by Sala IV that reinforce press freedom in Costa Rica. In the first, last May, it unanimously ruled in favor of three local journalists in two amparo appeals filed against President Rodrigo Chaves' government, citing violations of press freedom and the right to access information.
The organization had already welcomed a previous decision by the same tribunal, issued in May 2023, where the Constitutional Chamber highlighted that "certain expressions and words used by officials are unjustified and indeed constitute excesses, which could promote harassment against the media and journalists mentioned."
An IAPA mission verified in January, during a visit to the country, a "disturbing degradation of the environment of press freedom," including governmental practices of stigmatization against critical media and journalists. The mission also documented how official discourse has generated a climate of hostility and self-censorship in certain newsrooms."
The IAPA is a non-profit organization dedicated to defending and promoting freedom of the press and expression in the Americas. It comprises more than 1,300 publications from the western hemisphere and is based in Miami, Florida, United States.