Miami (March 2, 2026) – The Inter American Press Association (IAPA) welcomes the decision of the Constitutional Chamber (Chamber IV) of the Supreme Court of Justice of Costa Rica declaring unconstitutional the radio frequency bidding process promoted by the Government, on the grounds that it established the highest economic offer as the sole criterion for awarding licenses, without guaranteeing the pluralism of media and content inherent to a democratic State.
By majority vote, the Chamber upheld the appeal regarding the unconstitutionality of the bidding procedures “for establishing the highest economic offer as the sole criterion for the allocation of radio frequency concessions, without taking into consideration or guaranteeing the pluralism – both of media and content – that must exist in a Democratic State governed by the rule of law and in a free and open information society,” the court explained in a statement issued Friday, February 27, and published in several media outlets.
In its ruling, Chamber IV determined that procedures must effectively incorporate criteria ensuring an equitable, transparent, and equal distribution of the spectrum, and ordered the Government and the Telecommunications Superintendence (Sutel) to design new allocation mechanisms that respect these principles, according to press reports.
As the IAPA had previously warned, the auction held on September 19, 2025 — which sought to grant 15-year concessions with economic base bids reaching up to $1.6 million for nationwide channels — posed serious risks to the diversity and sustainability of numerous media outlets.
“This decision underscores the importance of ensuring that frequency allocation processes incorporate clear standards that safeguard diversity and balance within the media system. Pluralism is not an accessory element, but a central component of democratic debate and of society’s right to be informed,” said IAPA President Pierre Manigault, who leads Evening Post Publishing Inc., of Charleston, South Carolina.
For her part, the chair of the IAPA’s Committee on Freedom of the Press and Information, Martha Ramos, editorial director of Organización Editorial Mexicana (OEM), emphasized that “Inter-American standards establish that concession processes must actively promote diversity and avoid barriers that, in practice, limit the participation of different sectors. When access conditions become disproportionate for certain actors, informational pluralism is weakened,” she added.
In 2025, the same Constitutional Chamber issued two previous rulings reinforcing press freedom: in June, it unanimously ruled in favor of three journalists who had been prevented from carrying out their duties without discrimination or access to information, establishing a key precedent in defending the right to report without stigmatization from public authorities; and in July, the Chamber declared that the withdrawal of state advertising due to critical content constituted indirect censorship, underscoring that official advertising cannot be used to condition journalistic content or punish critical voices in a democratic society, which the IAPA viewed as an important milestone in the protection of freedom of expression.
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.