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Residents who use social media apps like WhatsApp daily for family, school, and community groups are cautioned that private chats are not exempt from the UAE's cybercrime laws. Lawyers say many people unknowingly break the law by forwarding unverified content or sharing images without consent.
“What many people often do not realise is that private chats and WhatsApp groups are not exempt from the laws of the UAE, and sharing content may lead to legal consequences,” said lawyer Sam Moore from BSA Law. “Residents should therefore exercise caution and refrain from posting or forwarding content that may be misleading, offensive, or intrusive."
He identified three common mistakes users make without realising they are breaking the law: sharing private conversations by forwarding or taking screenshots without consent, forwarding unverified news on sensitive topics, and tagging or naming inpiduals in complaints that harm their reputation.
Dr Hasan Elhais, legal consultant at Amal Al Rashedi Lawyers and Legal Consultants, stressed that liability is not limited to public posts. “Private communications, including WhatsApp groups, have been the basis of successful prosecutions, reinforcing that ‘private’ does not mean ‘legally protected’,” he said. “Penalties under the UAE Cybercrime Law can include substantial fines, often between Dh250,000 and Dh500,000 or higher, depending on the offence, along with potential imprisonment.”
Several people have been arrested in the UAE this year for spreading information over WhatsApp. In March, 25 people were arrested and faced expedited trials for publishing and circulating digital content. Hamad Al Shamsi, the UAE Attorney General, described the video content as misleading and aimed at undermining national defence measures.
Forwarding WhatsApp messages amounts to re-publication
Moore pointed out that UAE laws stipulate that forwarding a message in a WhatsApp group can amount to re-publication, even if the person did not create the content. Article 52 of the Cybercrime Law expressly covers anyone who "publishes, re-publishes, circulates or re-circulates" unlawful content.
“A WhatsApp user who forwards a message, such as a news update, video, or comment, may be held liable if the content is false, misleading, defamatory, or otherwise unlawful,” he said.
Dr Elhais reiterated this point. “UAE courts have consistently treated the act of forwarding via WhatsApp, email, or social media as a new act of publication,” he said. “Inpiduals have faced criminal liability even where they were not the original author, particularly in cases involving defamation, false news, or privacy violations.”
He added that authorities routinely rely on chat logs, screenshots, and metadata to establish dissemination. “The evidentiary burden is often straightforward, making enforcement more efficient and increasing conviction risk,” he said.
“Courts have repeatedly emphasised that the absence of malicious intent does not automatically negate liability. The focus is often on the effect of dissemination rather than the subjective intention behind it.”
Duties of a WhatsApp admin
Moore said that while there are no specific monitoring obligations imposed on group admins, liability may still arise if they facilitate or tolerate unlawful content.
Under Article 53 of the Cybercrime Law, a person may be liable for publishing or allowing the continued circulation of illegal content, including failing to remove it once aware of it.
He advised admins to promptly remove unlawful content once made aware of it, warn or remove the member responsible, and avoid engaging with or endorsing the content.
“While admins are not expected to actively monitor every message, reasonable steps should be taken to address unlawful content once they become aware of it, to minimise the risk of being associated with its circulation,” he said.
He added that if a resident receives a provocative message about regional politics, the safest course is to avoid engaging with or circulating it.
"By limiting interaction altogether, avoiding engaging with the message, refraining from forwarding it, deleting the message, and leaving the group if similar content is repeatedly circulated, residents are less likely to be exposed to liability under the Cybercrime Law,” he said.
Related Links:
- The Role of Witnesses and Evidence in Criminal Proceedings
- Learn more about privacy violations and secret disclosure under the UAE
- Can electronic evidence such as email and instant messages through WhatsApp or other social media applications be used in criminal defamation proceedings?
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