Curaçao Court Dismisses Defamation Action Against Gambling Licensing Critic Luigi Angelo Faneyte
A Curaçao court dismissed all defamation claims by Mario Fiorini and others against Luigi Angelo Faneyte, ruling his gambling licensing criticism is protected speech.Summary
A Curaçao court dismissed a lawsuit brought by businessman Mario Fiorini, Phaedra Hanst, and IGA Trust B.V. against commentator and journalist Luigi Angelo Faneyte. The plaintiffs sought removal of publications, publication bans, and an advance damages payment of XCG130,000 (about €64,000), alleging Faneyte's statements on the island's gambling sector were inaccurate and harmful. The Court of First Instance ruled that Faneyte's articles, statements, and criminal complaints concerning Curaçao's former licensing regime and the National Ordinance on Games of Chance (LOK) constitute protected expression. It found these topics involve significant public interest. It further held that Fiorini, having participated in public debates on gambling legislation, must accept a higher degree of criticism than a private citizen. The judgment explicitly did not assess whether Faneyte's allegations of corruption, fraud, and licensing irregularities were true. It concluded only that there were insufficient grounds to find unlawful conduct or to grant any of the requested remedies. The plaintiffs' claims were rejected in full. A counterclaim by Faneyte alleging misuse of legal proceedings was likewise dismissed. The plaintiffs were ordered to pay Faneyte's legal costs.
(Source：Sccg Management)