WILLEMSTAD – Tax official Wim Nijdam says a ruling by the Court of First Instance of Curaçao sends an important message about the limits of public criticism after the court found that Richeron Balentien acted unlawfully by repeatedly publishing serious allegations about him without sufficient factual support.
The ruling, issued Monday, August 24, concerns 58 Facebook posts published by Balentien since March 2024. According to local reports on the judgment, the posts linked Nijdam to allegations including clientelism, corruption, cocaine use, spying for the Netherlands, leaking confidential information and improperly favoring third parties in tax collection and public auctions.
The court concluded that the serious accusations lacked sufficient factual basis and that Nijdam had not been given an opportunity to respond before publication. Balentien was ordered to remove the statements about Nijdam from his Facebook account and publish a court-prescribed correction.
In a reaction following the ruling, Nijdam described the decision as significant not only for himself but also for professionals and public figures more broadly.
Nijdam acknowledged that people performing public functions must tolerate criticism, including strong criticism, as part of an open public debate. However, he said being a public figure does not mean having to accept every accusation made against them.
According to Nijdam, serious allegations concerning public figures must still have an adequate factual basis and must be published with appropriate journalistic care.
“The Court of First Instance of Curaçao ruled today that the publications that prompted my proceedings were unlawful and constituted an unjustified infringement of my honor and reputation,” Nijdam said.
He pointed in particular to the court's finding that it had not been demonstrated that the allegations were supported by objectively verifiable sources and that Nijdam had not been approached for his side of the story.
The court examined the dispute in the context of two competing fundamental rights: freedom of expression under Article 10 of the European Convention on Human Rights and the protection of private life, honor and reputation under Article 8. Balentien argued that Nijdam, because of his public position and participation in public debate, should be expected to tolerate more criticism. The court nevertheless concluded that the publications exceeded the permissible limits of freedom of expression.
The conflict between the two men predates the latest series of Facebook posts. Local media reported similar public accusations against Nijdam as early as 2022. At the time, then-Finance Minister Javier Silvania publicly defended Nijdam and accused Balentien of conducting a campaign without factual substantiation. Balentien disputed Silvania's characterization and said the minister had judged the situation too quickly.
According to the reporting on Monday's judgment, Nijdam and Balentien also reached agreements in 2022 concerning the cessation and removal of publications, but the disputed statements resumed in 2024.
Nijdam has worked for Curaçao's tax administration since 2015 in roles related to tax compliance. His work has itself been the subject of considerable public and political discussion. Last month, SOAB director Raymond Faneyte publicly praised Nijdam's contribution to increasing tax revenues and argued that attacks on his character contributed to his decision to leave the Tax Administration.
Following Monday's judgment, Nijdam said the ruling demonstrates that robust criticism of public officials remains permissible, but that serious accusations cannot simply be presented without evidence and journalistic safeguards.
He has made the full judgment publicly available and said the court's findings “speak for themselves.”
The ruling represents the decision of the Court of First Instance. It does not preclude the possibility of an appeal.