COSTA RICA

WHEREAS
the Inter American Press Association was able during its mission to San José July 2-3 to verify the restrictive nature of Costa Rican legislation and the high level of self-censorship prevailing in news media newsrooms

WHEREAS
in Costa Rica there have been numerous court rulings that have curtailed freedom of the press and of expression to the point of their being incompatible with democratic principles and modern jurisprudence

WHEREAS
the Costa Rican Legislative Assembly appointed a special commission to study existing limits on free speech and press freedom and to amend the current restrictive legislation

WHEREAS
Principle 1 of the Declaration of Chapultepec states "No people or society can be free without freedom of expression and of the press. The exercise of this freedom is not something authorities grant, it is an inalienable right of the people"

WHEREAS
Principle 5 of the Declaration of Chapultepec states "Prior censorship, restrictions on the circulation of the media or dissemination of their reports, forced publication of information, the imposition of obstacles to the free flow of news, and restrictions on the activities and movements of journalists directly contradict freedom of the press"

THE GENERAL ASSEMBLY OF THE IAPA RESOLVES
to express its satisfaction at the action taken to amend legislation in Costa Rica in order to remove barriers to full enjoyment of freedom of the press and of expression

to call upon the legislative commission to take the principles of the Declaration of Chapultepec into consideration in its work and to pay special attention to the following aspects of current legislation: the burden of proof being placed upon reporters charged with press crimes, in practice leaving them with truth as their sole defense; the crime of "publication of offenses," that makes journalists who publish or quote statements by third parties themselves criminally and civilly liable; the insult law, which provides public officials with unjustifiable privileges; and the lack of protection for journalists' professional secrecy.