Court Sides with Journalist Who Sought to Expose Curaçao’s Sub-Licensing Framework

A Curaçao court has sided with a journalist who was accused of defamation by a gambling company. Despite the operator’s insistence that a report published by the journalist hurt its business, the court ruled that her criticism didn’t violate the law.

Cyberluck Sought to Make Cramm Retract Her Insinuations

Nardy Cramm previously made headlines with a publication in which she critiqued the Caribbean island’s gambling regulation framework. She extensively scrutinized Curaçao’s sub-licensing model, claiming that sub-licenses were illegal.

Cyberluck, which was one of Curaçao’s master licensees, was unhappy with Cramm’s report, alleging that it constituted defamation. The journalist’s publication was described as containing many serious accusations. To top it all off, Cyberluck insisted that many of the claims were false.

As a result, Cyberluck’s director, Angelique Snel-Guttenberg, initiated a lawsuit in which it sought to make Cramm retract her statements. The lawsuit was backed by GRS and G-Force, two providers of gaming services. The plaintiffs also sought a daily fine for the journalist, should she fail to follow the order.

The Court Upheld Cramm’s Freedom of Expression

After a prolonged legal battle, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and the BES Islands ended up backing Cramm, refuting Cyberluck’s claims that her report constituted defamation.

On May 20, the court ruled that Cramm’s publication did not violate the law and that her claims were consistent with her right to exercise her freedom of expression.

The court furthermore noted that even claims that could be perceived as offensive could still be in line with the freedom of journalism. It emphasized that Cramm, as a journalist, has a mission to be a protector of the public’s interest, which could include critiquing those with power and money.

The court also stated that Cramm’s claims could be considered “plausible” considering that master licensees are not always capable of ensuring the integrity of their sub-licenses. It also upheld her right to express concerns about the licensing framework, which exists within the Kingdom of the Netherlands, which Curaçao is a part of.

The Sub-Licensing Model Was Revoked

In any case, Curaçao has replaced its sub-licensing model with a more modern framework that would lead to increased regulatory oversight. The introduction of the National Ordinance on Games of Chance (LOK) in 2024 sought to dispel remaining doubts in the wake of high-profile corruption scandals.

In the meantime, Cyberluck declared bankruptcy in 2024.