In a recent summary judgment, the Court of First Instance of Curaçao ruled in a defamation dispute between a lawyer-mediator and her former client. The case centered on false accusations made by the client, including claims of overpayment and calling the lawyer a “fraud” in private conversations and on WhatsApp.
The court found that the statements were unjustified and damaging to the lawyer’s professional reputation. However, it limited the required corrective measures to a retraction on WhatsApp—visible to all of the client’s contacts, including the lawyer. The demand for broader publication in newspapers and financial compensation was denied due to a lack of evidence of actual harm.
The ruling underscores that while private individuals may express critical opinions, spreading false accusations—especially about professionals—can cross the line into unlawful defamation.
Both parties must bear their own legal costs. Failure to post the retraction within two weeks may result in daily fines.
ECLI:NL:OGEAC:2025:41
Photo: by Deeksha Pahariya on Unsplash
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