WILLEMSTAD - MFK Minister Charles Cooper of Traffic, Transportation and Spatial Planning (VVRP) must be able to handle criticism. Public figures like him often face sharp criticism and harsh words, which fall under the right to free speech, a cornerstone of democratic society.
This is the essence of the ruling following a summary proceeding that the minister filed against Elvis De Andrade of Union i Progreso (UP). The legal dispute arose from a video on UP's Facebook page that Cooper deemed offensive and threatening.
De Andrade accused the minister of corruption and sexual misconduct and stated on Facebook that Cooper should be ready to use his weapon because he was going to "wage war" against him. De Andrade also posted an image of a shooting target with bullet holes on social media.
The judge ruled that De Andrade can no longer publicly share the video in any accessible manner. If he does, he could face a fine of five thousand guilders per day, up to a maximum of one hundred thousand guilders.
However, Cooper's request to prohibit De Andrade from making inflammatory, violent, or defamatory statements about him after the verdict was denied.
Although threats are prohibited and Cooper should not be lightly subjected to allegations, the judge concluded that De Andrade's statements fall within the bounds of permissible criticism. The remarks were not so grievous as to exceed what is acceptable. Such statements can sometimes be hurtful or shocking, but this is part of public office.
Future statements by De Andrade cannot be pre-judged because their content is not yet known. Therefore, the request to prohibit De Andrade from making inflammatory, violent, or defamatory statements about Cooper on his Facebook page, UP's page, or elsewhere after the verdict was denied.
Cooper
Cooper has posted the court's decision on his Facebook page. He noted that "Elvis de Andrade was convicted in the case he initiated."