What Is Considered As Defamation In The UAE?

A negative review in the UAE can amount to defamation if the wording is capable of damaging the reputation of a person or establishment. From a legal perspective, the issue is not simply whether the review is true, false, or expressed as an opinion. The question is whether the review, viewed in its full context, is capable of damaging the reputation of the person or business concerned, reducing public trust, or exposing them to contempt.

Online vs Offline Defamation

Under Federal Law by Decree No. (31) of 2021 Promulgating the Crimes and Penalties Law, “Penal Code”, Article 425 provides that a person may be liable where they publicly attribute an incident to another person in a way that could expose that person to punishment, hatred or contempt. In such cases, the penalty can be imprisonment for up to two years or a fine of up to AED 20,000. Slander or insult can also be punishable where the statement affects another person’s honour or dignity, even if no specific incident is attributed.

The assessment usually depends on:

• The wording used;
• The context of the statement;
• The method of publication;
• The identity of the person or establishment targeted;
• The possible effect on reputation.

The position is more serious where the statement is published online. Online defamation is addressed under Federal Decree-Law No. (34) of 2021 on Countering Rumors and Cybercrimes “Cybercrimes Law”. Under Article 43 of the Cybercrime Law, a person who uses an information network, electronic platform, information technology system or device to insult another person, or to attribute a quality to them that would make them subject to punishment or contempt, may face imprisonment and/or a fine ranging from AED 250,000 to AED 500,000.

Online Reviews, Opinion and Reputation

There is no precise formula for when a review becomes defamatory. The court will consider the overall wording and likely effect of the review. A limited statement such as “I did not enjoy the food” is different from a statement such as “This restaurant is a scam” or “The staff are thieves”. The second type of wording does more than express dissatisfaction. It suggests dishonesty, fraud, theft or criminal conduct, and can affect how the public views the business or individuals involved. The legal risk increases where the review includes language suggesting:

• Fraud or scamming;
• Theft or cheating;
• Criminal conduct;
• Professional misconduct;
• Unsafe practices;

Words such as “scam”, “fraud”, “thief”, “cheat”, “criminal” or “corrupt” can therefore create legal exposure, depending on the context and the effect of the statement.

The risk may increase further where the review includes photos or videos of staff, customers or private individuals. Article 44 of the Cybercrimes Law may become relevant where a person uses an information network, information technology equipment, or an information system to invade another person’s privacy, including by publishing photos, images, comments, data or information relating to that person.

Appropriate Complaint Channels and Evidence Required

Where a person has a genuine complaint, the better route is to use formal channels instead of publishing accusations online. Depending on the facts, the person may consider:

• Filing a police complaint, where there is a genuine criminal issue
• Submitting a complaint to the relevant consumer protection authority;
• Filing a complaint with the municipality or food safety authority;
• Opening a civil case, where they suffered financial loss, physical harm or other legally recognised damage;
• Sending a formal written complaint to the company before escalating the matter.

A formal complaint should be supported by evidence. The evidence will depend on the type of complaint, but may include:

• A hospital report, medical report or laboratory result, especially in cases involving alleged food poisoning, illness or physical injury;
• The date, time and location of the incident, including the specific branch of the restaurant or business;
• Receipts, invoices, order confirmations, payment records or delivery app records;
• Written communications with the business, including emails, WhatsApp messages, SMS messages or complaint reference numbers;
• Photographs or videos kept for evidential purposes;
• Witness details or witness statements, where available;
• Any prior complaint submitted to the business and the response received;
• Proof of financial loss;
• Screenshots of relevant communications, online transactions, booking confirmations or product/service descriptions;
• Copies of any terms and conditions, warranty documents, menus, advertisements or representations relied upon;
• The name of the staff member or manager involved, where known;
• Any official report or reference number issued by the police, consumer protection authority, municipality or relevant regulator.

Frequently Asked Questions

Can I post a negative review in the UAE?

Yes, but the wording and the effect of the review matter. The risk arises where the review is capable of harming the reputation of a person, company or establishment, especially if it contains insults, accusations, or language suggesting fraud, theft, dishonesty, criminal conduct or unsafe practices.

Even where the customer is describing something factual, such as finding hair in their food, the review may still create legal risk if the wording, context and public impact are capable of damaging the reputation of the restaurant or business concerned. In such cases, the safer approach is usually to preserve the evidence and submit a formal complaint through the relevant authority, rather than publishing allegations online.

Can a business file a case against me for posting a bad review?
Yes. If a review is capable of damaging the reputation of the business or individuals involved, the business may consider filing a criminal complaint. This is especially relevant where the review is public, online, and uses strong allegations or insulting language.

Is deleting the review enough to avoid liability?
Deleting the review may reduce further publication, but it does not necessarily remove liability for what was already published. Online content can be screenshotted, shared or preserved as evidence before it is deleted.

Conclusion

UAE law distinguishes between fair criticism and defamatory publication. The issue is not whether the review is negative. The issue is whether the review is capable of harming the reputation of a person, company or establishment.

Offline defamatory statements can attract criminal penalties under the Penal Code. Online defamation can fall under the Cybercrimes Law, where fines can range from AED 250,000 to AED 500,000, in addition to possible imprisonment.

Labelling a statement as an opinion does not remove the risk if the wording damages reputation or influences how the public views the person or business. Where the complaint is genuine, the better approach is to preserve evidence and use the appropriate formal channels, including the police, consumer protection authority, municipality, or civil courts.