Freedom of speech is a right that belongs to everyone and can only be restricted by law and if it is truly necessary in a democratic society- article 10 European Treaty on Human Rights(EVRM). This freedom can be restricted if considered to be unlawful. Social interests and personal interests are then being weighed against each other.

 In case law, statements are distinguished between value judgements and factual declarations within the meaning of the EVRM. Value judgments should have enough factual basis and facts should be made plausible.

A restriction on the right of freedom of speech will not be allowed easily in case a statement is made about a politician. Whether the statement is considered wrong depends on the facts and circumstances of each case. In a political discussion or in a public debate the limits of freedom of speech should be interpreted broadly as to the form and the content. Also to be taken into account is whether a politician who is objected to and being addressed, is capable to react to the comment made. These norms are also applicable for politicians in the Netherlands Antilles (KG 2008/17 Pronk- Godett). – Mrs. Giolina Daal, Llm.