Costa Rica adopts landmark access to information law as media face mounting pressure

Introduction

Fourth cycle of the Universal Periodic Review

In November 2024, the UN Human Rights Council reviewed Costa Rica during the fourth cycle of the Universal Periodic Review (UPR). The UPR is a UN process that reviews the human rights records of all member states. The UN Human Rights Council considered and adopted the outcome at its 58th session in March 2025.

Costa Rica received 299 recommendations and supported 244, reflecting a 25.77 per cent increase in accepted recommendations compared with the previous cycle. These commitments span the legal and institutional framework for human rights, universal and cross-cutting issues, civil and political rights, economic, social and cultural rights, women’s rights, and the rights of specific groups and persons.

Several recommendations addressed the protection of human rights defenders, particularly women. They called for comprehensive strategies to prevent, investigate and respond to threats, hate speech and attacks, including killings of environmental and Indigenous defenders.

Recommendations also underscored the importance of safeguarding freedom of expression. States urged Costa Rica to adopt policies to combat violence, intimidation, hate speech and disinformation, including by political leaders and through digital platforms. They further called for measures to ensure a safe environment for journalists and media workers, including prompt investigations into threats and attacks, accountability for perpetrators, and guarantees that public authorities refrain from verbal intimidation.

IACHR hearing exposes human rights challenges

On 5th March 2025, the Inter-American Commission on Human Rights (IACHR) held a public hearing on the situation of human rights in Costa Rica. Civil society organisations presented evidence of challenges to rights protection in a context of austerity and institutional weakening. They highlighted the effects of reduced public investment in essential sectors such as health, education, security and justice.

For example, the budget of the Ministry of Education dropped from 5.25 per cent to 4.98 per cent of GDP, disproportionately affecting children and adolescents, while resources for the National Child Welfare Agency declined amid rising reports of violence against minors.

Concerns were also raised about stagnating budgets for the judiciary, limiting access to independent justice, and about the rhetoric from the Executive that seeks to delegitimise judicial operators.

Civil society underscored setbacks in women’s rights, including rising femicides and barriers to justice, as well as threats to LGBTQI+ rights through the dismantling of anti-discrimination policies and educational programmes. They also highlighted delays in refugee status recognition, barriers to health, housing and employment for migrants, and persistent structural discrimination.

Environmental concerns included worsening water shortages due to contamination with agrochemicals, limited access to safe drinking water, illegal logging, and the encroachment of real estate projects on fragile ecosystems.

Organisations called on the government to allocate budgets aligned with human rights, to reinstate comprehensive sexuality education, to create protection mechanisms for human rights defenders and journalists, and to avoid reprisals against those who took part in the hearing.

Expression

Enactment of the Framework Law on Access to Public Information

On 1st November 2024, the Framework Law on Access to Public Information (Law No. 10.554) was enacted, a long-awaited step after years of demands from civil society. Approved by the Legislative Assembly on 8th October 2024, the new law establishes a legal framework to guarantee the human right of access to public information.

The law requires institutions to proactively and promptly disclose information, strengthening transparency, accountability, and public scrutiny. It aims to foster a culture of openness, combat corruption and facilitate meaningful public participation in decision-making. It also encourages the use of digital technologies to expand access and reduce barriers.

Institutions must now publish, in open and accessible formats, key data such as budgets, payrolls, procurement contracts, audits, and travel costs. Authorities are required to respond to requests within ten working days—with limited extensions allowed—and citizens can seek judicial remedies if information is withheld. The law explicitly prohibits discrimination in access on the grounds of gender, disability, ethnicity, sexual orientation, or socio-economic status, and recognises the right of Indigenous Peoples to use their languages when requesting information.

The legislation applies broadly, covering the executive, judiciary, legislature, municipalities, political parties, and even private entities that manage public resources. Public officials must also include in annual reports data on requests received, transparency progress, and measures to ensure accessibility for disadvantaged groups.

For civil society, the reform is seen as a landmark victory after more than 15 years of struggle. “In some ways, it fulfils a longstanding obligation Costa Rica had internationally, lacking a legal framework on access to public information despite having extensive jurisprudence guaranteeing this right”, said Giselle Boza, coordinator of the Freedom of Expression and Right to Information Programme at the University of Costa Rica (PROLEDI).

Withdrawal of state advertising raises concerns of censorship

On 19th December 2024, Kölbi, the commercial brand of the Costa Rican Electricity Institute (ICE), announced the withdrawal of its advertising from the programme “El Chinamo on Teletica”, Channel 7. According to media reports, the decision responded to the segment El Chinaoke, which uses musical parody and satire to address issues such as insecurity, the rising cost of living and corruption. Kölbi stated that the content did not reflect the company’s values and argued it should not be associated with depictions of violence, discrimination, or parody of victims. The state-controlled Banco Popular later adopted a similar stance, signalling a broader withdrawal of state advertising from the broadcaster.

In response, on 23rd December, the Inter American Press Association (IAPA) criticised the measure, describing it as a form of indirect censorship and an act of state interference in editorial content. IAPA President José Roberto Dutriz highlighted that the withdrawal undermines democratic principles and press freedom, while Carlos Jornet, Vice President of the IAPA’s Press Freedom and Information Committee, warned that the measure resembles practices of authoritarian governments that use public resources to pressure media outlets. Both urged the authorities to reverse the decision and ensure transparent, fair allocation of state advertising.

The Institute of Press and Freedom of Expression (IPLEX) added that Costa Rica’s Constitutional Chamber has repeatedly established jurisprudence against the arbitrary withdrawal of state advertising, noting that such practices constitute censorship and intimidation aimed at shaping editorial content.

Press freedom under pressure as the President escalates attacks on the media

In March 2025, the University of Costa Rica’s Freedom of Expression and Right to Information Programme (PROLEDI) warned that the country’s democratic tradition of strong press freedom is facing growing strain. Its 2024 annual report documents how President Rodrigo Chaves repeatedly used his platform to stigmatise and discredit journalists, media outlets and independent public institutions. Between May 2022 and January 2024, the President criticised journalists and media organisations on at least 287 occasions during his weekly press briefings.

The report highlights how Chaves’ confrontational rhetoric has broadened beyond the press to encompass other independent institutions, including the Office of the Comptroller General, the Ombudsman, the Attorney General’s Office, the Constitutional Chamber of the Supreme Court and public universities. Political and social actors cautioned that several of the President’s statements in 2024 veered close to undermining constitutional order and national stability. These developments occur in a wider context marked by deepening political polarisation, disinformation and violent digital discourse, often directed against women and historically excluded groups.

Concerns about the country’s trajectory were echoed by an international delegation from the IAPA, which visited Costa Rica in January 2025. While acknowledging Costa Rica’s longstanding reputation as a democracy with robust human rights protections, the delegation reported a deteriorating environment for freedom of expression and the press. Its findings included repeated verbal attacks by President Chaves during press conferences, harassment of journalists online — sometimes from accounts allegedly linked to government actors — coordinated digital smear campaigns, the unauthorised disclosure of personal data of reporters and activists, and the strategic use of state advertising as both a reward and sanction, disadvantaging critical outlets.

The IAPA also underscored the persistence of criminal defamation provisions, which remain out of step with international human rights standards and have been used to exert pressure on critics.

Peaceful Assembly

Protesters demand action, authorities respond with mockery and police pressure

On 5th February 2025, authorities responded dismissively to a peaceful protest in San José where civil society organisations demanded action on organised crime, education, women’s rights and protections for LGBTQI+ people.

The authorities allowed the march to reach the presidential house's surroundings. Later, President Rodrigo Chaves mocked them as “a handful of Costa Ricans making noise.” After the protest ended, traffic police attempted to detain a driver associated with the march despite already issuing a citation, prompting allegations of intimidation.

President Chaves leads protest targeting Attorney General

On 18th March 2025, hundreds of protesters rallied in San José, demanding the resignation of the Attorney General and other judicial authorities. The demonstration, called by President Rodrigo Chaves and attended by him, took place outside the Public Prosecutor’s Office. Although peaceful, the protest directly targeted judicial officials responsible for ongoing investigations, including allegations of illicit campaign financing in 2022.

Such state-backed protests raise serious concerns about pressure on judicial independence. The Attorney General said that the protest, rather than addressing insecurity or inequality, was aimed at intimidating institutions tasked with checking executive power.

International Women’s Day March

On 8th March 2025, feminists, students, trade unionists and LGBTQI+ activists took to the streets of San José to demand urgent action on femicides and gender-based violence. Union activist Andrea Cordero demanded the declaration of a national emergency, while feminist leader Mirna Blandón emphasised the right “to live happily and in peace as women of all ages.”

Protesters called for the restoration of education protocols, access to reproductive rights and equality in public life. They also denounced the government’s inaction, noting that femicides nearly doubled in the first two months of the year.

Rally against gentrification

On 17th January 2025, dozens gathered outside the Legislative Assembly in San José to oppose gentrification and defend the rights of coastal and urban communities. Protesters highlighted how luxury tourism and real estate projects are driving up housing prices, weakening public services and forcing families out of traditional neighbourhoods in Guanacaste, Limón, Belén and Nicoya.

The protesters also denounced what they see as a model of development that privileges foreign investment over community well-being. “Gentrification is advancing unchecked in Costa Rica, displacing local communities and transforming historic areas into exclusive spaces for foreign and luxury interests. This phenomenon is driving living costs to unsustainable levels, eroding community cohesion, and threatening both cultural roots and the biodiversity that defines the country [sic]”, organisers declared.

Lawmakers have yet to act on two bills introduced last year aimed at curbing gentrification and regulating tourist developments.

Association

Workers’ case against Costa Rica heads to Inter-American Court

On 13th November 2024, the IACHR submitted Case 12.542 against Costa Rica concerning mass dismissals at Fertilizantes de Centroamérica S.A. (FERTICA) in 1995 and subsequent restrictions on trade union rights of members of the Fertiliser Workers’ Association (ATFE). The Commission found that the dismissals, which included 265 union members and the entire union board, sought to dismantle the existing collective agreement.

It observed that judicial and administrative decisions repeatedly denied ATFE’s participation, misapplied legal norms, and allowed claims to prescribe, while favourable rulings remained unenforced for more than 15 years. These failures undermined due process, labour rights and freedom of association.

The IACHR concluded that Costa Rica violated Articles 8.1, 16.1 and 25 of the American Convention, in relation to Articles 1.1 and 26. It recommended that the State immediately enforce pending judgments, ensure payment of amounts owed, and provide full reparation, including compensation to workers and families of deceased victims.

It further called for measures to prevent recurrence, including timely enforcement of judicial decisions, enhanced judicial powers to secure compliance and training of authorities on the protection of trade union rights.