19
To challenge the compatibility of articles 146, 149 and 152 of the Costa Rican
Criminal Code with Article 13 of the American Convention, an independent
constitutional-law proceeding exists called acción de inconstitucionalidad. But
in the case of a definitive ruling delivered by the Third Chamber of the Costa
Rican
Supreme
Court
upholding
a
conviction,
the
acción
de
inconstitucionalidad cannot be used to challenge the law applied in the
judgment delivered in the instant case, because in Costa Rica such actions
are not permissible against specific court rulings. In Costa Rica, one can only
challenge jurisprudence, which must consist of at least three similar cases.
The right to privacy trumps freedom of information. However, the only
circumstance when the right to privacy cannot be invoked to restrict freedom
of information is when a public figure is involved and the public deeds of that
public figure are at issue. Public officials are subject to public scrutiny and
must show a greater degree of tolerance to criticism. In practice this means
that the protection that public officials enjoy as regards privacy and
reputation is not the same as the protection that a private citizen enjoys, as
the citizenry must have complete and effective control over the manner in
which public affairs are being conducted.
There are two remedies to exact satisfaction for or put an end to defamation:
the right to demand correction and the right of response provided for in the
Convention; the other is civil suits to demand compensation for any offense.
These means are sufficient to protect a public official’s honor.
Under Article 48 of Costa Rica’s Constitution, human rights treaties have the
same rank in law as the Constitution. Further, the Constitutional Chamber
has held that if a provision of an international human rights convention better
protects some fundamental right, that convention shall be applied in
preference to the Constitution. The judgments that the Inter-American Court
delivers are to be executed immediately within Costa Rica’s juridical system,
through the Constitutional Chamber; its decisions trump any decision by a
domestic court.
d.
Expert testimony of Héctor Faúndez Ledesma, attorney
The European Court has held that freedom of expression protects not only the
substance of the ideas and information expressed, but also the form in which
they are conveyed, and that there is little scope under Article 10 of the
European Convention for restrictions on political speech or on debate on
matters of public interest.
Article 4 of the Inter-American Democratic Charter provides that freedom of
expression and of the press are essential components of the exercise of
democracy. This same principle is reflected in some of the earliest judgments
of the United States Supreme Court. Lest there be any doubt or discrepancy
as to the limits, content and scope of freedom of expression, those rulings
hold that it is clear that it was conceived and designed to protect political
expression, messages having a political content and those having to do with
the free flow of ideas on matters of public interest or concern.
Spain’s Constitutional Court has held that freedom of expression serves a
constitutional purpose in a system of checks, balances and counterbalances,
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents