The Supreme Electoral Tribunal (TSE) determined on Monday the considerations for which it rejected an appeal for electoral amparo presented by former presidential candidate Juan Diego Castro. The then presidential candidate wanted CRHoy to withdraw the publication of a journalistic note that referred to a complaint filed with the Public Ministry where it was indicated he had used in 2016 an extensive network of at least 18 corporations belonging to his own business group to supposedly raise the expenses of his companies and thus reduce the amount that he had to pay for income tax.
The TSE said on Monday that the reports published by CRHoy.com have news relevance, and that this media also acted under the principle of freedom of press and in full protection of the confidentiality of the source that facilitates the information.
The former candidate of the National Integration Party (PIN) had alleged that the media’s publications violated his privacy and information self-determination in addition to the electoral closure, revealing that one of his companies had received at least 82 million colones as payment from Teletica Canal 7.
This is not the first time that the Courts have agreed with CRHoy. Last January Castro went before the Constitutional Chamber with two writs of amparo and both were rejected outright, as the magistrates believed the issue should be resolved by the TSE. Then, Castro went to the electoral body that agreed with CRHoy.com in three aspects:
– The digital newspaper acts under the principle of freedom of press and protected by the fact that the information disclosed is of public interest.
– The information arrived by means of an anonymous source, so the digital news cannot be attributed to the theft of confidential information.
– Being Castro a presidential candidate at the time, he was a public figure so, in a way, he had to submit to the scrutiny of the press.
The TSE relieves the digital media of all responsibility regarding Castro’s complaint and adds that the journalistic exercise, free of pressure and threats, is essential for democracy. In any case, the TSE indicates that if Castro still feels offended by the situation, he can go to the judicial bodies.