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The court relied on a 1985
Inter-American Court of
Human Rights advisory
decision that defined a
journalist as someone who
exercises freedom of
expression continually and
stably as well as is paid
to do so. / A.M. Costa
Rica wire services photo.
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University
degree not required to
practice journalism, says
the court
By the A.M. Costa Rica staff
The Costa Rican Supreme Court
has rejected another effort to
restrict the practice of
journalism.
The decision Friday is the
latest involving legal oversight
of the mass media that began in
1637 with the British Star
Chamber Decree that led to the
persecution and execution of
printers there.
The question of journalistic
qualifications is more relevant
today because everyone with a
computer is a potential
publisher and the branding of
some reports as fake news has
heightened concerns about
ethics.
In the case reported Friday, the
court ruled that a university
degree is not a requirement for
exercising journalism. The
Colegio de Periodistas de Costa
Rica was brought to court by two
individuals. The decision only
identified them by their
surnames, Rodríguez-Barrantes
and Mena-Madrigal.
The court said the Colegio
issued a threat on its website
when it said that persons who
identify themselves as
journalists but do not have an
appropriate academic degree will
be reported to the competent
agencies.
The court relied on a 1985
Inter-American Court of Human
Rights advisory decision that
defined a journalist as someone
who exercises freedom of
expression continually and
stably as well as is paid to do
so. The court also concluded the
Colegio statement was a clear
breach of the Costa Rica
Constitution that declares
everyone has the right to
express opinions.
Regardless of what its name may
imply in English, the Colegio is
not a degree-granting
institution. It is, instead, a
professional association
authorized by a 1969 Costa Rican
law. The Colegio has vigorously
guarded the profession and in
the past has brought criminal
charges against those who did
not meet its requirements to be
a journalist, including not
having a journalism degree. The
best-known case is that of
Stephen Schmidt, who wrote
articles for The Tico Times and
La Nación. He was sentenced to
three months in jail by a Costa
Rican court for illegally
practicing journalism in 1983.
Schmidt, a U.S. citizen, had a
university degree in journalism
but had not joined the Colegio
or paid dues.
Before that, there were several
other cases, including that of
respected U.S. newsman Joe
Phillips, a University of Texas
journalism graduate. He was
convicted in 1978 of violating
the Colegio law, No. 4420, and
given a suspended sentence. He
founded and published the San
José News, an English-language
weekly, which he was forced to
close after his conviction,
court records said.
The Schmidt case took some years
to resolve. First, he was
acquitted, but in a Costa Rican
judicial do-over, he was
convicted and sentenced. The
case went to the Costa Rican
Supreme Court, which upheld the
criminal conviction. Then the
Inter-American Commission on
Human Rights held a full
hearing, and it, too, upheld the
conviction. There was a lot of
support for Schmidt, including
from the U.S. based
Inter-American Press
Association. That organization
successfully encouraged Costa
Rican President Luis Alberto
Monge to seek an advisory
opinion from the Inter-American
Court of Human Rights, which
happens to be based in San
Pedro.
The InterAmerican Rights Court
found “that the compulsory
licensing of journalists is
incompatible with Article 13 of
the American Convention on Human
Rights if it denies any person
access to the full use of the
news media as a means of
expressing opinions or imparting
information.” It also found that
the Colegio prevents certain
persons from joining and
consequently, denies them the
full use of mass media as a
means of expressing themselves
or imparting information.
The Colegio has argued that its
oversight of members protected
the quality and ethics involved
in newsgathering. There are
similar views elsewhere, fanned
by the wide range of truthful
and untruthful information on
the internet. Some have
suggested licensing reporters.
For expats in Costa Rica, the
ruling Friday means they will
not be swept up in court because
they are publishing a blog or
otherwise reporting or editing
news copy. That does not mean an
expat may work as a physician or
as an engineer without the
correct degrees and memberships
in a professional organization.
The courts have clearly said
that journalism is a special,
constitutionally protected
occupation.
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Do you think it necessary for
blog writers to be a part of the
Colegio de Periodistas de Costa
Rica? We
would like to know your thoughts
on this story. Send your
comments to news@amcostarica.com
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