Online defamation raises a myriad of legal questions, leaving individuals unsure of whether to take legal action, the potential consequences for the defendant, and the possibility of claiming compensation for damages. For comprehensive guidance on the legal intricacies of defamation, consider reaching out to the Best Lawyers of Dubai for assistance. Don't let online defamation disrupt your daily routine without understanding your legal options.
UAE Criminal Laws Against Defamation
The UAE Criminal Laws against defamation are robust, imposing stringent penalties for those engaging in online slander. The government employs advanced technical systems to unveil the identities of individuals behind defamatory comments on social media platforms. Defamation cases, particularly on online platforms, have surged, prompting legal action.
Federal Law number 3 of 1987 outlines the Criminal Law of the UAE, addressing defamation in Articles 372 and 373. Chapter VI focuses on crimes against reputation, libel, abuse, and disclosure of secrets. Article 372 stipulates penalties for attributing punishable incidents to another person, with detention up to two years or a fine not exceeding twenty thousand Dirhams.
If the libel targets a public official in charge of public service, it is deemed to have an illegal purpose, aggravating the offense. Article 373 imposes detention up to one year and a fine not exceeding ten thousand Dirhams for disgracing the honor or modesty of another person through any means of publication, without specifying a particular act. The penalties increase if the defamation targets a public official.
Key considerations for a defamation complaint include a false and defamatory statement, its communication to a third party, and its adverse impact on the complainant's life. Understanding these legal nuances is crucial for those navigating defamation cases in the UAE.
Penalties Under Cybercrime Law
Under the Federal Law Number 2 of 2012, known as the Cybercrime Law in the UAE, making defamatory remarks on social media or any IT device is considered a serious offense. Article 20 of the Cybercrime Law explicitly prohibits individuals from insulting others or making derogatory comments through computer networks or IT devices, subjecting them to prosecution before the relevant court.
Moreover, Article 39 of the Cybercrime Law makes it illegal for owners of websites or IT networks to store or provide unlawful content, holding them accountable if they are aware of such content. This implies that website owners can be held responsible for inappropriate posts by users. Violating Article 20 of the Cybercrime Law may result in a hefty fine of up to AED 500,000, accompanied by a deportation order. The penalties underscore the strict measures in place to combat defamation and inappropriate online behavior in the UAE.
Implications of Defamation
Defamation is a criminal offense in the UAE, especially serious when using IT devices under the Cyber Crime Law. Individuals must be cautious about comments that may be interpreted as disparaging or annoying, particularly those against religion, public officers, or personal life, as they attract higher punishments. Employers are advised to update web usage policies, explicitly mentioning social media, and educate employees about the potential repercussions.
LEGAL UPDATE: The UAE Penal Law has recently been amended with Federal Decree-Law No. 31/2021 on Crimes and Penalties, and the UAE Cyber Crime Law is now governed by Federal Decree-Law No. 34/2021 on Fighting Rumors and Cybercrime.
Under Article 43 of the Cybercrime Law, individuals using information networks to insult or attribute punishable events to others may face detention and/or fines ranging from AED 250,000 to AED 500,000. Article 44 outlines penalties for using electronic systems to alter recordings for defamation, with similar detention and fine provisions.
Defamation is also addressed in the UAE Penal Law. Article 425 prescribes jail sentences or fines up to AED 20,000 for publicly defaming someone. If defamation occurs through publishing, it is considered an aggravating circumstance. Furthermore, Article 426 outlines penalties for insulting someone publicly, leading to potential jail sentences or fines. Stay informed on these legal amendments to navigate online conduct responsibly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
