Costa Rica’s highest court, Sala Cuarta, has ruled in favor of a prominent Catholic radio station and its stance against in vitro artificial fertilization.

The case in question dates back to last year, when Radio Fides 93.1 FM aired a series of 14 radio spots clearly stating the opposition of the station and the Catholic church against in vitro fertilization, a procedure that does not enjoy legal protection in Costa Rica.

The Office of Censorship in Costa Rica stopped Radio Fides’ campaign last year on the grounds that it utilized the voice of an underage girl, named “Sofi” in the audio commercial. The Office of Censorship deals with broadcast and media matters that could infringe upon the sensibilities of the public; for example, adult and erotic programming on network television at inappropriate times and without warning. It also looks investigates cases of media manipulation and blatant, harmful propaganda.

Radio Fides argued that its campaign against in vitro fertilization does not amount to propaganda since it merely echoes the legal framework established in the Constitution and the laws of our country. Insofar the matter of using a young girl’s voice in the radio spots, Radio Fides presented evidence that the minor’s parents gave their consent to the radio station.

The name of the radio campaign is “Mi vida no se negocia” (My Life is not to be Negotiated). Radio Fides and the Catholic Church argued that the faithful in Costa Rica have a fundamental right to speak about the rights of the unborn without fear of being censored.

In vitro fertilization has become a thorny issue in Costa Rica, a country that attempts to balance the juxtaposition of respecting civil liberties and human rights while recognizing the Roman Catholic faith in her Constitution. Costa Rica is the only country in the Americas where in vitro fertilization is prohibited.

It is important to note that while the Office of Censorship reviews media content, it must also abide by Title IV, Article 29 of our Constitution:

“People can freely communicate their thoughts, in a written or spoken manner, without fear of anticipated censorship”

Source: Elena Jimenez, Costa Rica Hoy