The Constitutional Chamber of Costa Rica He resolved on Tuesday that a fine of one million colones (about 2,000 euros) imposed last February to the then coach of the Saprissa, José Giaconefor criticizing arbitration violated freedom of expression and indirectly affected the right of people to receive information.
The Constitutional Chamber estimated that “the disciplinary punishment was a disproportionate and illegitimate restriction to the fundamental right to freedom of expression,” for which it ordered the cancellation of the fine and condemned the Costa Rican Football Federation (FCRF) to the payment of costs, damages and losses. In the resolution, which responds to two amparo resources, the magistrates determined that the sanction also “indirectly affected the right of people to receive information and opinions on the action of the referees.”
The court explained that it is not usual to intervene in disciplinary decisions of private sports entities, but that in this case an assessment was required by the alleged affectation of a fundamental right such as freedom of expression. “After examining the expressions expressed by the sanctioned, the magistrates concluded that, although the expressions of the technical director contained a severe criticism and suggested irregularities, they do not reach the threshold of insults, outraged expressions or incitement to violence, so they are protected by the right to freedom of expression, according to national and international standards.”
The FCRF Disciplinary Court, by making known on February 10 the sanctions imposed in accordance with the disciplinary regulations of the First Division football after the eighth day of the 2025 Closing Tournament, announced the fine to Giacone for “referring to arbitration in offensive and pejorative terms.” In Costa Rica football it is common for coaches, players and managers to receive sanctions when they criticize arbitration.
