Defamation & Social Media in the UAE

In the recent years, UAE has witnessed several high-profile defamation cases, with most of them
relating to social media. The responsibility for acts conducted online are perceived the same as
in the physical world and in the UAE, the legislation is harsh and online offenders can expect
large sums of fines and in some cases, detention and/or deportation. On the internet, the most
frequent cases are in respect to crimes against honor, through social networks. Individuals tend to
overreact within the comments section and leads to others reputation, in which case, the author
will be subjected to face criminal consequence for their actions.

What is Defamation in the UAE?

Defamation is a complex law to explain and argue in court, due to the intangible nature of
reputation. Article 373 of the UAE Penal Code states defamation is “Any person who insults
another person, by any means of publicity, which harms his honor or dignity, without attributing
any specific incident” and Article 372, “whoever attributes to another, through a means of
publicity, a fact that makes him an object of punishment or contempt”. Libel and slander are both
types of defamation. The difference is that libel is a defamatory written statement and slander is
a defamatory oral statement. Digital statements such as WhatsApp conversations, Facebook and
Instagram posts or comments are considered written libelous acts.

Burden of Proof
In defamation cases, all the burden of proof is on the claimant. The law also states that the
complaint must be presented within 3 months from when the complaint acknowledged the
offence. To succeed with a criminal complaint for defamation, the claimant must prove:
1) A false or defamatory statement was made;
2) Which was issued to a third-party (written or orally); and
3) That statement caused harm to the claimant.
The absence of any of these elements will undermine the merits of a complaint.

Penalties
The highest court in Dubai, the Court of Cassation held that a defamatory statement is likely to
make the defamed individual subject to “punishment” or “humiliation” within their community.
The court further held that mere criticism may be regarded as defamatory if it exceeds the
“normal limits” or affects the honor of a defamed individual.
According to Article 373 of the Penal Code, the accused individual can face up to 2 years in
detention and/or a fine of up to 20,000 Dirhams.
If the defamatory statement is made against a public officer, it will be considered an aggravating
circumstance, that will lead to a harsher sentence.
There is no civil action for defamation in UAE Law; however, the claimant can file a civil claim
for damages in tort and may be entitled to compensation, provided the elements can be proved.

How to Lodge a Defamation Complain in the UAE?

 You can use the Dubai Police online portal or the mobile app
 You can visit the nearest Police station or call 999
 If you are an employee and felt any defamatory statements have been made towards you
(written or oral), you can approach the Ministry of Human Resources and Emiratisation
(MOHRE) and file a complaint against the employer.
Upon investigation, if your complaint has merit to prosecute the offender, the police may open a
case against the offender. The case will then be referred to the public prosecutor for charges as
under the applicable Penal Code and Defamation law of the UAE. The prosecutor must question
the accused in the first 48 hours of the filing of the complaint.
After the judgment is passed in favour of victims in criminal court, they can claim civil
compensation for both material and moral damages.