3. Country Analysis: Costa Rica

3.1 Political and Legal System

Costa Rica has a presidential system of government and legislative initiatives may be proposed by either the Legislative or Executive branch. In the Central American region, it has been characterized by maintaining high standards of democratic quality and, despite recent declines in The Economist's Democracy Index, it remains classified as a full democracy.

The functioning of the political system is configured by three Branches of Government (Executive, Legislative, and Judicial) and a Supreme Electoral Tribunal which holds the same constitutional rank. It has maintained free and consecutive national elections since 1953 and currently its electoral contests elect the authorities of the Executive and Legislative branches every 4 years, with a mid-term election for elected local government authorities, who are also appointed for 4 years.

Costa Rica has concentrated constitutional control and grants exclusive and exclusive constitutional interpretation to the Supreme Electoral Tribunal in electoral matters. This latter body has a dual function: it serves as the election administration and civil registry; and additionally, it has constitutional powers as a jurisdictional authority for the protection of political rights.

The organization of the State, in addition to the powers of these branches, is decentralized at the institutional level among Ministries, autonomous and semi-autonomous institutions; and separately, in a territorial decentralization of 7 provinces with 84 municipalities, each composed of Mayoralties and Municipal Councils.

3.2 Freedom of Expression and Human Rights

Freedom of expression (article 29), the right to access to information (article 27), and the right to telecommunications (article 24) are provisions established by express text of the Constitution and developed at the jurisprudential level by the Constitutional Chamber of the Supreme Court of Justice.

The country is one of the principal destinations for exile for Central American and Latin American journalists¹⁸, although the latest report from the OAS special rapporteur for freedom of expression warned about difficulties that have recently worsened for these persons, mainly due to cost of living and citizen insecurity, which has led them to engage in other professional fields. The positions and results in indices and reports on freedom of expression for this country are as follows:

Judicial protection, both for freedom and access to information and for freedom of expression, is guaranteed through the Constitutional Chamber's amparo jurisdiction and through administrative bodies. The Constitutional Chamber has issued numerous rulings protecting these rights and establishing extensive jurisprudence in the matter.

Additionally, the country has three administrative departments involved in this matter. The first is the Legislative Authority's Committee on the Regime, which oversees restrictions on the right of expression for reasons of national security and public order, pursuant to Article 29 of the Constitution.

The second institution involved is the Propaganda Control Office, with limited jurisdiction over the prohibition of foreign propaganda and ideological content considered contrary to the Constitution.

Additionally, the Telecommunications Superintendency functions as a technical and administrative body within the framework of telecommunications regulation, including provisions regarding the protection of broadcasting rights and the application of regulations related to media ownership and concentration.

Although it is not an administrative body exclusively oriented toward digital platform governance, the Defensoría de los Habitantes (Ombudsman) plays an important role in monitoring and investigating human rights violations, including those that may occur through digital platforms.

According to official records from the Constitutional Chamber, in 2024 there were 41 amparo cases filed related to freedom of expression and access to information. This demonstrates that these rights continue to be subject to challenges requiring judicial protection.

Recently, there have been concerns regarding the protection of access to information under the Freedom of Information Law (Ley de Acceso a la Información Pública). Some administrative bodies have delayed responding to information requests or have refused access on grounds of confidentiality that appear to exceed the legal limits established by the law and jurisprudence.

In one notable case, a State institution refused to provide information regarding detention execution, and the amparo claim was rejected by the court, raising concerns about the practical applicability of access to information rights.

Another case addressed by the electoral body involved protecting the political rights of citizens through digital means, establishing that electoral institutions must guarantee access to electoral information through digital platforms in an accessible manner.

3.3 Digital Environment

In the context of digital governance and digital platform regulation, Costa Rica has gradually incorporated digital platforms into its public discourse, commerce, and civic participation. However, the regulatory response has been slow and fragmented, with limited specific provisions addressing digital platform governance.

3.4 Digital Platforms Available in the Country

The main digital platforms operating in Costa Rica include:

These platforms have become essential for information dissemination, political discourse, commercial activity, and social interaction. The telecommunications sector in Costa Rica is governed primarily by the Instituto Costarricense de Electricidad (ICE), a state-owned utility providing internet and telephony services, alongside several private telecommunications companies that operate in a competitive market.

3.5 Legislative and Regulatory Context in Costa Rica

3.5.1 Constitutional Framework

The Costa Rican Constitution of 1949 establishes the fundamental framework for protecting civil rights and public freedoms. Articles 24, 27, and 29 specifically protect telecommunications rights, access to information, and freedom of expression respectively. The Constitution also establishes the separation of powers and the independence of the judiciary, including the Constitutional Chamber (Sala Constitucional), which serves as the supreme guarantor of constitutional rights.

The Constitutional Chamber has developed extensive jurisprudence protecting freedom of expression and access to information, establishing that these rights are essential for democratic functioning and cannot be arbitrarily restricted. The chamber has established that restrictions on these rights must be justified, proportional, and subject to strict scrutiny.

3.5.2 Telecommunications and Media Legislation

The General Telecommunications Law (Ley General de Telecomunicaciones) of 2008 establishes the regulatory framework for telecommunications services in Costa Rica. This law regulates the provision of telecommunications services, including internet provision, and establishes the Superintendency of Telecommunications (Superintendencia de Telecomunicaciones, SUTEL) as the regulatory authority responsible for overseeing compliance and protecting consumer rights.

The Radio and Television Law (Ley de Radio y Televisión) establishes the regulatory framework for broadcasting, granting licenses for radio and television services and establishing requirements for transparency and accountability in media operations. The law also addresses media ownership and concentration issues.

3.5.3 Specific Regulation on Platforms and/or Content Regulation

Costa Rica currently lacks specific legislation that directly regulates digital platforms or their content moderation practices. There are no specific laws governing algorithmic transparency, content takedown procedures, or platform accountability for user-generated content. This represents a significant regulatory gap, given the growing importance of digital platforms in public discourse and their role in information dissemination.

Some attempts have been made to address online harassment and hate speech through existing criminal legislation, but these efforts have been limited and have not resulted in comprehensive platform regulation or clear guidelines for platform accountability.

3.5.4 Data Protection and Privacy Legislation

The Law for the Protection of the Person against the Processing of Personal Data (Ley de Protección de la Persona frente al Tratamiento de sus Datos Personales) of 2011 establishes the regulatory framework for personal data protection. This law establishes principles for lawful data processing, individual rights regarding personal data access and correction, and establishes the Authority for the Protection of the Person against the Processing of Personal Data (Autoridad para la Protección de la Persona frente al Tratamiento de sus Datos Personales, PRODHAB) as the supervisory authority.

The law establishes requirements for data processors regarding consent, transparency, and security of personal data. However, some observers argue that the law has not kept pace with technological developments, particularly regarding digital platforms' data practices and the collection of data from users through digital services and applications.

3.5.5 Specific Regulation for the Protection of Vulnerable Groups

Costa Rica has various laws protecting vulnerable groups, including the Law for the Protection of Minors (Ley de Protección de Menores), the Law against Domestic Violence (Ley contra Violencia Doméstica), and the Criminal Code provisions on child sexual abuse material and online child exploitation.

However, these laws do not specifically address the protection of vulnerable groups on digital platforms, including protections against online exploitation, cyberbullying targeting minors, or algorithmic amplification of harmful content targeting vulnerable populations. There is a need for more specific legislation addressing platform-related harms to vulnerable groups.

3.5.6 Digital Electoral Regulation

The Supreme Electoral Tribunal (Tribunal Supremo de Elecciones) has issued regulations addressing digital campaigning and electoral processes, including requirements for transparency in political advertising on digital platforms. The regulations also address the use of social media by political parties and the dissemination of electoral information through digital means.

However, the regulatory framework for digital electoral matters remains underdeveloped, with limited provisions addressing foreign interference, automated accounts, coordinated inauthentic behavior, or misinformation on social media platforms. These gaps may pose challenges for electoral integrity in the digital context.

3.6 Alignment with UNESCO Guidelines: Costa Rica

The UNESCO Guidelines for the Governance of Digital Platforms establish principles for protecting human rights, ensuring freedom of expression, promoting transparency, and protecting vulnerable groups. The following analysis assesses Costa Rica's alignment with these guidelines across key dimensions:

Human Rights Protection: Costa Rica has a strong constitutional framework protecting human rights, including freedom of expression and access to information. However, the application of these protections to digital platforms remains limited due to the lack of specific platform regulation and limited jurisprudence addressing digital platform-related human rights violations.

Freedom of Expression: The constitutional protections for freedom of expression are strong and have been reinforced through extensive jurisprudence from the Constitutional Chamber. However, there are concerns about online harassment, hate speech, and threats against journalists that require stronger regulatory responses and more active platform moderation policies in compliance with constitutional principles.

Transparency and Accountability: While Costa Rica has an access to information law applying to public institutions, the application of transparency principles to digital platforms is limited. There are no requirements for platform transparency regarding algorithmic decision-making, content moderation practices, or the criteria used for content removal. This represents a significant gap in alignment with UNESCO Guidelines.

Protection of Vulnerable Groups: Costa Rica lacks specific regulations addressing the protection of vulnerable groups on digital platforms, including children, women, and minority communities. There are no specific requirements for platforms to implement age-verification systems, safeguard children from harmful content, or protect vulnerable groups from exploitation and discrimination.

Regulatory Coherence and Coordination: There is limited coordination between the various regulatory agencies responsible for different aspects of digital governance (Constitutional Chamber, Telecommunications Superintendency, Electoral Tribunal, Ombudsman, Data Protection Authority), which may limit the effectiveness and consistency of regulatory efforts.