Court Upholds Journalist’s Freedom of Speech in Curaçao Gambling Case
The Joint Court of Justice in Curaçao has ruled in favor of journalist Nardy Cramm in a lawsuit filed against her by Cyberluck and two trust companies. The court affirmed previous rulings, stating that Cramm’s statements fall under the freedom of expression afforded to journalists.
In 2022, several Curaçaoan gambling companies initiated legal action against Cramm. The journalist, who also serves as a director of the Stichting Belangenbehartiging Gedupeerden Online Kansspelen (Foundation for the Representation of Victims of Online Gambling), regularly published critical articles about the Curaçaoan gambling industry on her website, Knipselkrant Curaçao.
The gambling companies sought damages in the lawsuit due to Cramm’s statements in her articles. The journalist wrote, among other things, that the sub-licenses used to operate many online casinos were illegal. Additionally, Cramm called the gambling sector on the island a “money-laundering paradise” and criticized the administrators in Curaçao and the owners of the gambling companies based on the island.
Damages Claim
The plaintiffs in this lawsuit included multiple companies from the Curaçaoan gambling industry, including master license holders, sub-license holders, trust companies, and their directors. While not all names were made public in the ruling, the names of three gambling companies were mentioned:
- Cyberluck Curacao, a former master license holder in Curaçao;
- Global Related Services, a trust company in Curaçao;
- G-Force Corporate Services, also a Curaçaoan trust company.
Together, they had previously demanded damages of nearly €1.3 million. They also sought a publication ban for Cramm and demanded that she retract previous publications. The gambling companies argued that the statements about illegal sub-licenses and the “money-laundering paradise” should be rectified.
In earlier rulings in the Court of Appeal, Cramm was twice vindicated. According to the court, her statements fell under the freedom of expression that applies to journalists. The court also stated that her statements about “illegal sub-licenses” were defensible, as stated in the rulings in October 2022.
Now, more than two and a half years later, the Court of Justice rules in favor of the journalist once again. The Court confirms the previous rulings, informing Cramm again that her statements do not need to be rectified.
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