DEFAMATION UNDER THE LAWS OF ARUBA AND THE NETHERLANDS ANTILLES
The nature of the medium is of relevance
Under Aruban and Netherlands Antilles law the doctrine of defamation pertaining to civil law is governed by the general rules of liability arising from an unlawful act, more specific to harm ones good name. Whether a statement under Aruban or Netherlands Antilles law shall be considered as an unlawful infringement to ones reputation depends on the circumstances of the case. If the person making the statement is aware of the fact that the statement is not true, he is in principle liable. Furthermore, according to case law, the following circumstances appear to be important:
(i) the nature of the suspicions made public;
(ii) the seriousness of the consequences of the publication for the injured person;
(iii) the seriousness of the abuse (if any), from the point of view of the public interest;
(iv) the extent of the available evidence on which the suspicions are based;
(v) the framing of the suspicions;
(vi) the possibilities to achieve the objective through other ways that are less harmful for the injured party.
Also the nature of the medium is important, for instance statements made public by television (for example as a result of a press conference) are (generally speaking) more penetrating than those made public in news papers. Finally the image of impartiality and expertise of the person making the suspicions containing statements to the public is important.
An important ground for justification of the defaming statement appears to be the public interest. Pursuant to case law, the interests of both parties, such as for example the freedom of speech and the freedom of integrity will be weighed.
Karel Frielink
Attorney (Lawyer) / Partner
