Uitspraak
1.De zaak in het kort
2.Het verloop van de procedure
3.De feiten
4.De procedure bij het Gerecht
5.De beoordeling
In a landscape already tainted by the reticence to challenge the status quo, this demand for an apology (…) becomes a slippery slope, paving the way for a society where the right to voice dissent is sacrificed at the altar of political expediency”.
“Because when you have (…Hof: namen van politici
) and the Prime Minister all of them in one collusion together as a group of gangs that is basically giving this country out to the Italians and all the highest gangsters and mafias that is walking around this place, then the people of Sint Maarten can’t get nothing”) en in video 34 (met als opschrift
“Discussion about [geïntimeerde] being corrupt and court case”)waarin [appellant] 14 keer achter elkaar herhaalt dat [geïntimeerde] corrupt is. Bij het publiek wordt op deze wijze (ook door de herhaling en de grove formuleringen de stevige suggestie gewekt dat [geïntimeerde] zich zelf aan omkoping schuldig maakt, dit terwijl de feitelijke onderbouwing daarvan geheel ontbreekt.
Lord they rip people off 10 million dollars with the help of (…Hof: namen van politici
), with the help of the Prime Minister(…) Prime Minister, yes you have aided and abate(…). You all are criminals”.
" Inside of our own government building, in our own administration we have got people that are uncomfortable to work in government administration because of sexual harassment(…) We need to know if it's true if you had sexual relationships with young girls in Sint Maarten under the age of 18(…) Madame prime minister, you need to come clean (…)"Keep in mind ladies and gentlemen I need to know if we have a statutory rapist, a rapist in the government(…)”.
"So [geïntimeerde], this is allegedly yet to be proven by a therapist or psychologist it is alleged that you as well were molested when you was a child. No wonder why you have that psychological problem and became a lesbian deep down inside the psychological problem had to come out and you became gay and you lash out at men.(…) It is not like you were born a lesbian. (…) But you have became. And when you become that is a sign of a molestation that has happened to you. (...), but you did not apologize to Sint Maarten for that.(…) (in video 29)
Who still have the video of this young lady physically abusing [geïntimeerde]. I need that video please. Whoever have that video of that lady [naam], the girlfriend of [geïntimeerde] beating her please send it to me (…)".
“(…) Article 10 of the Convention does not (…) guarantee a wholly unrestricted freedom of expression even in respect of coverage of matters of serious public concern (…) the exercise of this freedom carries with it “duties and responsibilities” which are liable to assume significance when there is a question of attacking the reputation of private individuals and undermining the “rights of others”. Thereby, the information conveyed on issues of general interest is subject to the proviso that the party concerned is acting in good faith in order to provide accurate and reliable information”.