Defamation refers to the act of harming the reputation of a person or organisation. In UAE, defamation is governed by Federal Decree-Law No. 31/2021 on the issuance of the Law on Crimes and Penalties (“UAE Penal Code”).
Defamatory statements may be in the form of written/spoken words or communicated through gestures. The UAE Penal Code prohibits the following kinds of defamatory acts:
1- Publicly attributing a fact or incident against someone which subjects him to punishment or exposes him to public hatred or contempt. If found guilty, the perpetrator can face a fine of up to AED 20,000 or a sentence of up to two years.
2- Insulting someone through any means of publicity in a way that violates his honour or dignity without attributing a particular incident (i.e., insulting without any explicit accusation or attribution of a specific incident). If found guilty, the perpetrator can face a fine of up to AED 20,000 or a sentence of up to one year.
If a defamatory statement is made on the telephone or directly against the victim in the presence of others, the perpetrator can face a fine of up to AED 5,000 or a sentence of up to six months.
Furthermore, certain acts are considered aggravating circumstances resulting in harsher punishments, such as if a defamatory statement is made:
– against a public officer,
– disgraces the reputation of families,
– is expressed by publication in a newspaper or printed material,
– is made to achieve an unlawful objective.
In addition to the above, the UAE Penal Code also prohibits acts that violate individuals’ privacy, such as eavesdropping, recording private conversations, or taking/transmitting pictures without consent.
Defences Against Defamation Under the UAE Penal Code
The Truth of Defamatory Material (Applicable only in Case of Public Servants)
The UAE Penal Code provides that the perpetrator can escape liability if they can prove that the statement made was, in fact, true. However, the defence of truth is available only when the statement is made against a public servant and in connection with his job/service.
Furthermore, the proof may not be accepted:
– if more than five years have elapsed since the incident,
– if the crime has expired for any reason,
– if the Judgment issued on it has been forfeited.
Oral or Written Defence of the litigants
Statements made by litigants (whether oral or written) in judicial proceedings are protected. The UAE Penal Code provides that there is no crime in oral or written Defence of the litigants, within the limits of the right of Defence, before courts or investigating authorities.
The UAE Penal Code prohibits acts that violate individuals’ privacy, such as eavesdropping, recording private conversations, or taking/transmitting pictures without consent.
Sameer A. Khan
Founder & Managing Partner SK Legal
Defamation Through Digital Means
Social Media and Defamation in UAE
There has been a significant rise in defamation cases on social media platforms such as Twitter, Facebook, Instagram, etc. Posting defamatory statements on social media is punishable under Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes (“UAE Cybercrime Law”).
Article 43 of the UAE Cybercrime Law provides that whoever uses an information network or ITE (Information Technology Equipment) or an information system and insults another or attributes a quality to him that would make that person subject to punishment or contempt by third parties shall be punished with imprisonment and a fine of not less than AED 250,000 (Two hundred fifty thousand dirhams) or more than AED 500,000 (Five hundred thousand dirhams).
Posting defamatory statements on social media is punishable under Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes (“UAE Cybercrime Law”).
Sameer A. Khan
Founder & Managing Partner SK Legal
Spreading Rumours or False Information
Spreading rumours and misleading or false information is punishable under Article 52 of the UAE Cybercrime Law.
Article 52 provides that whoever uses the information network or any ITE to announce, disseminate, re-disseminate, circulate, or recirculate false news or data, or false, tendentious, misleading or erroneous rumours or reports, or rumours or reports contrary to what has been announced officially, or broadcasts any provocative advertisements that would incite or provoke the public opinion, disturb the public peace, spread terror among people, or cause harm to the public interest, the national economy, the public order, or the public health shall be punished with imprisonment for at least one year and a fine of not less than AED 100,000 ( One hundred thousand dirhams).
Get Expert Legal Guidance with SK Legal on Defamation Cases in the UAE
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We at S.K. Legal provide the following services:
- Comprehensive legal consultancy: Whether you’re dealing with civil or commercial disputes, our expert legal team is equipped to provide you with the best legal advice.
- Support during negotiations: Our legal advisory services extend to assisting clients during crucial negotiations, ensuring their interests are always protected.
- Collaboration with local law firms: We understand the nuances of local jurisdictions. We collaborate with licensed local law firms to oversee court cases, especially in Dubai and Sharjah courts.
For personalised assistance and advice, contact us at info@sklegalfirm.com.
Disclaimer
This publication does not provide any legal advice and it is for information purposes only. You should not rely upon the material or information in this publication as a basis for making any business, legal or other decisions. Therefore, any reliance on such material is strictly at your own risk.
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Sameer A. Khan
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