Question: Can UAE residents face legal action for posting negative reviews of businesses, criticising employers or sharing complaints about individuals on social media? Where does legitimate criticism end and defamation begin, and what legal risks arise from publishing allegations, sharing screenshots or naming people online?
What do UAE laws say about such posts, and how can residents express dissatisfaction without exposing themselves to potential legal consequences?
Answer: Pursuant to your queries, the provisions of the Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes (the “Cybercrime Law”) and Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law (the “Crimes and Penalties Law”) are applicable. Depending on the circumstances, the provisions relating to privacy and the unlawful disclosure of personal information may also apply.
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In the UAE, a person may face criminal proceedings for online publications that amount to defamation, insult, slander or an unlawful invasion of privacy. Such risks may arise from posts on social media platforms, online reviews, public comments, videos, photographs and other forms of electronic publication.
Article 43 of the Cybercrime Law provides:
“Whoever uses an information network, ITE, 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/or a fine of not less than (Dh 250,000) two hundred fifty thousand dirhams or more than (Dh 500,000) five hundred thousand dirhams.”
Accordingly, a person who publishes online statements insulting another individual or attributing conduct or characteristics may face criminal liabilities as mentioned under the provisions above.
Where does legitimate criticism end and defamation begin?
By the provisions of the Cybercrimes Law and the Crimes and Penalties Law, defamation would begin where a person by his or her statement [whether conveyed in writing (online or offline) or verbally] attributes to another person an incident that could get the latter punished or subject the latter person to “public hatred” or “contempt”.
Article 425 of the Crimes and Penalties Law sets forth a penalty of “incarceration” (imprisonment) of 2 years or a fine not exceeding Dh20,000 for someone “who through any means of publicity, attributes to another person an incident that would make him subject to punishment or expose him to public hatred or contempt”.
Likewise, by Article 426 of the Crimes and Penalties Law, the penalty of “incarceration” (imprisonment) of 1 year or a fine not exceeding Dh20,000 for someone “who slanders others through any means of publicity in such a way as to violate his honour or dignity without attributing a particular incident thereto”.
Following the aforesaid provisions of the Crimes and Penalties Law, the distinction between “legitimate criticism” and “defamation” is to be assessed in context.
A factual account of a transaction, expressed in measured language and well supported by evidence, presents a different legal situation from a public accusation of criminal conduct accompanied by insults or personal attacks.
What are legal risks of publishing allegations, screenshots or identifying individuals online?
Publishing allegations or personal information online may create additional legal risks, particularly where the publication goes beyond describing a genuine grievance and discloses private communications, photographs or other information concerning an identifiable person.
This is in accordance with Article 44 of the Cybercrime Law which addresses revealing secrets and invasion of privacy. It provides for imprisonment for at least six months and/or a fine of not less than Dh150,000 and not more than Dh500,000 for the specified privacy offences committed through an information network, information system or information technology means. Its application depends on the conduct and circumstances specified in the said article.
How can residents express dissatisfaction without exposing themselves to unnecessary legal risks?
To be cautious: a person should exercise caution if communicating complaints or conveying discontent regarding another person or an incident attributable to another person in public (including in online forums, e.g., Google review pages).
To use factual and measured language: Describe the actual experience, including relevant dates, transactions, services or communications, rather than using insults or making allegations which may expose a person to criminal conduct.
To distinguish facts from opinions: Explain the experience and, where appropriate, state that the experience did not meet expectations. Avoid presenting suspicions or assumptions as established facts.
To retain supporting evidence: Preserve invoices, receipts, correspondence and other relevant records such as defects, damages and malfunctions. Supporting documentation may assist in substantiating a complaint, although it may not automatically make every public disclosure lawful.
To use appropriate complaint channels: Where a complaint concerns a business, consider contacting its management or the competent customer service department. Employment-related grievances may be raised through the appropriate internal grievance procedure or the competent authority. Where allegations concern criminal conduct, the appropriate authorities should be approached rather than relying on public accusations on social media.
To avoid disclosing private information: Do not publish private conversations, personal photographs, contact details or confidential documents unless there is a lawful basis for doing so. Where evidence must be submitted, provide it through an appropriate complaint or legal process.
In accordance with the aforementioned provisions, a UAE resident may face criminal liability for online publications that constitute defamation, insult, slander or unlawful invasion of privacy.
Residents may express dissatisfaction through factual and measured statements, avoid unsubstantiated allegations and unnecessary disclosure of private communications, and use the appropriate complaint channels to seek redress.
Applicable laws:
Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes
Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law
Ashish Mehta is the founder and managing partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.
Source: Khaleej Times