[A2k] Costa Rican Constitutional Court Declares Internet Fundamental Right

Pranesh Prakash pranesh at cis-india.org
Wed Sep 8 18:53:32 PDT 2010


Automatic translation from Spanish to English via Google:

The Constitutional Court declared the Internet access as a fundamental
right of citizens.

Furthermore, this Court ordered the State to promote and ensure
universally (for all), the citizens' access to new technologies.

"This ruling will force us to revise national plans of development of
telecommunications, as currently there is no 100% goal of universality
of access to these services," the minister said yesterday governing the
area, Teofilo de la Torre .

The ruling was delivered on 30 July when the Constitutional Court
declared the place a writ of amparo against the leaders of the ICE, the
Sutel and the Ministry of Environment, Energy and Telecommunications
(MINAET) for the delay in opening the cell. The protection was promoted
by Juan Manuel Campos, an expert in regulation.

The Court gave the government three months to realize competition in
mobile telephony.

The Board concluded that the "delay verified" at the opening of
telecommunications, in addition to violating the right to a speedy
implementation of the laws, has "affected the exercise and enjoyment of
other fundamental rights."

Among them, freedom of consumer choice, the right of access to new
information technologies, equality and eradication of the digital divide
and Internet access through the interface (middle) of your choice.

George Miley, president of the Council of the Superintendency of
Telecommunications (Sutel), explained that the delay in opening only
applies to the mobile Internet as there is already competition in the

Basic right. In the vote, reported Monday, the judges argue that at this
time access to new technologies is a basic tool to facilitate the
exercise of fundamental rights, democratic participation and citizen
control, education, freedom of expression and of thought, among others.

"Even, it has affirmed the fundamental right that covers the access to
these technologies, in particular, the right to access to Internet or
network of networks", says the Board in reference to a setencia the
Constitutional Council of France, who scored a basic right to Internet

On failure, Miguel Gonzalez, executive director of the Chamber of
Infocommunication and Technology, said that coincide with the Board on
the State's obligation to promote universality.

"You can say that this resolution Costa Rica has consolidated its
competition model with social inclusion," he added.

The country has less than 50% Internet penetration, while cellular
coverage is 80% of the country. This service allows access to the

Sent from Ubuntu

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