109. The representatives agreed with the Commission’s recommendations and asked
the Court to require the State to eliminate from its laws all those norms that permit the
penalization of critical or disrespectful expressions against public officials in the exercise
of their functions. Also, regarding the provisions of article 1045 of the Costa Rican Civil
Code, they asked that Costa Rica be ordered to stipulate in its legal system, “either by
law or by the case law of its courts, the need to conduct the test of malice or actual
malice as a requirement for imposing civil liability on those who express their opinions
on matters of public interest or in relation to public officials, in those cases where it has
been proved and justified that it may be appropriate.” In addition, they asked the Court
to require the State to adapt the offenses of defamation and libel by the press established
in articles 145 of the Criminal Code and 7 of the Printing Act to inter-American standards.
110. The State emphasized that, at no time, had the victims in this case been criminally
convicted and, therefore, “the consequences of the offenses regarding which they now
seek condemnation by the Court were never applied to them.” It also reiterated that the
discrepancy now raised concerning the criminal offenses and article 1045 of the Civil
Code in relation to their condition as journalists had not been broached in the domestic
jurisdiction by means of the corresponding action of unconstitutionality
111. The Court notes, first, that Messrs. Moya Chacón and Parrales Chaves, among
others, were prosecuted for the offense of libel established in article 7 of the Printing Act
in relation to Article 145 of the Criminal Code, as well as for the offense of defamation
established in article 146 of the said Criminal Code, although, finally, they were acquitted
in the criminal sphere and received a civil conviction in application of article 1045 of the
Civil Code. 132 The Court considered that the civil conviction was contrary to Article 13 of
the American Convention, in relation to Article 1(1) of this instrument, because it was
neither necessary nor proportionate to the legitimate purpose sought; nevertheless, it
did not question the conventionality of article 1045 on which the conviction was based.
Consequently, the Court does not find it necessary to require the adaptation of the laws
on subsequent liability in relation to freedom of expression. That said, the Court recalls
that the interpretation of article 1045 of the Civil Code must be coherent with the
American Convention’s principles on freedom of expression contained in its Article 13
and developed by the Court’s case law and, in particular, by this judgment.
d.2 Training programs
112. The Commission recommended providing training programs to the Costa Rican
Judiciary to disseminate the standards and criteria established in its Merits Report.
113. Similarly, the representatives asked that training be provided to judges and other
agents of justice on the international standards with regard to the right to freedom of
expression in matters of public interest.
114. The State contested this measure of reparation indicating that, at no time, had
the victims in this case been criminally convicted and, therefore, “the consequences of
the offenses regarding which they now seek condemnation by the Court were never
applied to them.”
This article stipulates that “[a]nyone who, by malice, omission, negligence or imprudence, causes
another person harm shall be obliged to redress this, and also pay damages.”
132
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