No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeTopicsBusinessCosta Rica constitutional court rules in favor of state-run company's right to...

Costa Rica constitutional court rules in favor of state-run company’s right to block Facebook users

A ruling issued last month by Costa Rica’s Constitutional Chamber of the Supreme Court, or Sala IV, could set a precedent by allowing companies to block from their Facebook profiles users who post comments that affect the companies’ commercial interests.

The ruling responded to a complaint by a citizen who was blocked from the Facebook page of Kölbi, the telecommunications subsidiary of state-owned Costa Rica Electricity Institute (ICE), for posting comments suggesting false advertising. The plaintiff claimed ICE’s ban affected his freedom of expression.

In its defense ICE argued the plaintiff violated the company’s Facebook code of conduct by posting inappropriate comments and promoting other telecom companies.

Sala IV justices stated that they were unable to confirm the allegations of false advertising, and that ICE, despite being a public agency, acted in its commercial role through their telecommunications brand Kölbi.

“For that reason, and from a business perspective, blocking the user cannot be considered suppression or limitation of the freedom of opinion,” justices ruled.

They also said the comments were posted on Kölbi’s Facebook profile, and not on the plaintiff’s own page, therefore the company has the right to regulate content to protect their commercial rights.

Justices also said that even if a Facebook profile is open to the public, it does not enable the plantiff to post comments discrediting Kölbi’s advertising messages. They also recommended the plaintiff refer directly to Facebook regarding international standards of alleged false advertising.

ICE officials said they communicated to the user in an email the reasons for blocking him, and he had the opportunity to challenge the decision at the Telecommunications Superintendency.

The ruling is the first of its kind in Costa Rica related to a publication on a business Facebook page. Therefore, it is the first legal precedent that could influence how similar cases are resolved in the future, attorneys at the San José-based law firm Ferris & Asociados said.

The Sala IV in December 2012 ruled in favor of a plaintiff in a similar claim, but the case involved the blocking of a user on the Facebook profile of a government agency. That claim was filed by a citizen who was blocked from the Casa Presidencial Facebook page for posting alleged inapropiate remarks against then-President Laura Chinchilla.

At the time, justices said the ban “infringed the plaintiff’s rights to freely express his opinion regarding a public agency’s [the Presidency] post.”

Trending Now

Why is Daniel Ortega Shutting Nicaragua’s Opposition Out of Elections?

Nicaragua approved a constitutional reform that bars the opposition from participating in elections and extends Daniel Ortega’s term in office, a measure aimed at...

Costa Rica Limits Car Imports to One Per Year and Taxes Them at Market Value

If you are planning to ship a vehicle into Costa Rica, two things have changed and both affect what you will pay. Under and...

Rincón de la Vieja Volcano Erupts Again in Costa Rica

The Rincón de la Vieja Volcano gave us yet another eruption yesterday afternoon, sending a column of steam approximately 1,000 meters, or 3,280 feet,...

Mariano Navone Faces Berrettini After Stunning Djokovic at US Open

Mariano Navone has already produced the biggest win of his career at this year’s US Open. The challenge now for the Argentine is making...

Lagoon Operator Says German Consul Was Swimming When He Drowned

The association that runs the recreation center where Germany's consul in Costa Rica died on Saturday has disputed the account that circulated internationally in...

Tourist Guide Dies in Flash Flood on Pérez Zeledón River

A tourist guide died yesterday when a wall of water came down the Río Barú in Pérez Zeledón and caught a group of roughly...

Parque La Libertad Layoffs Prompt Community Protest in Costa Rica

Communities surrounding Parque La Libertad are preparing a peaceful musical protest on Sunday after government budget cuts led to 15 layoffs and temporary salary...

Costa Rica Fines Contractor Over Long-Delayed Cartago Road

Costa Rica has started fining the company building the long-delayed Taras-La Lima highway project $20,000 for every additional day the work remains unfinished. The...

National Geographic Names Costa Rica a Forest Bathing Paradise

National Geographic has named Costa Rica one of five places in the world to experience forest bathing, the practice of walking slowly through a...
L. Arias
L. Arias
Reporter | The Tico Times |
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel