With the rise in social media usage and the comfort with which people are expressing their thoughts and views on social media, many users do not realize the real-life implications of their online activities. Time and again, we have been witnessing people spewing hate or making derogatory comments on public platforms, without taking into account the permanent nature of these actions, or the wide reach that comments can have.
Provisions under UAE Law
The UAE has issued strict legislations against posting untrue or defamatory statements on social media under Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors and Cybercrime ("Cyberlaw"). The losses or damages caused due to such activities are required to be compensated as per Federal Law No. 5 of 1985 on the Civil Transactions Law ("Civil Transaction Law").
UAE Law governing Social Media Activities
Article 44 of the Cyberlaw states that if a social media user breaches the privacy of a person by spreading news, electronic images, photographs, footages, comments, data or information, even if true and correct, to harm such person, he/she may be jailed for a minimum of 6 months, and/or fined between AED 150,000 and 500,000. The law prohibits the following activities:
- Breaching the privacy of a person without his/her consent
- Spreading misinformation about an individual
- Spreading negative information about an individual, even if the statements are true.
The breach of privacy includes
- eavesdropping, interception, recording, communication, transmission or disclosure of conversations, or audio or video materials.
- Taking photographs of others at any public or private place or preparing, communicating, exposing, copying or keeping electronic images thereof.
- Taking, communication or publication of photographs of the casualties, dead persons or victims of accidents or disasters without permission or consent of the concerned persons.
- Tracking, detecting, disclosing, exposing, copying or keeping data of geographical sites of third parties.
Sending insults on Whatsapp
Apart from the above activities, the law also prohibits individuals from using derogatory language or insults against another person on social media, including WhatsApp. There have been several instances where insults and offensive remarks made during WhatsApp conversations have led to legal actions, forcing the offender to pay heavy damages. In a recent case, a woman was ordered to pay AED 30,000 as compensation to another woman, by the Abu Dhabi Family, Civil, and Administrative Claims Court, for insulting the latter woman on social media. Apart from the civil case, a criminal case was initiated against the offender, for insulting the woman on social media by posting offensive comments on her photos.
The victim of the woman's insults claimed that the incident had caused her emotional and psychological harm, which prompted her to seek damages of AED 150,000 for both moral and material losses. In other similar cases, a man was ordered to compensate his colleague, and a woman was ordered to pay damages to her sister, for making insulting comments on WhatsApp.
Aggravated crimes
Article 44 of the Cybercrime also prohibits using technology in altering a recording, image or footage for the purpose of defamation or abuse of another person. This can lead to an aggravated prison sentence of a minimum of one year, or to pay a fine between AED 250,000 and AED 500,000.
Compensating the victim
Although the cyberlaw issues fines on offenders involved in making derogatory comments on social media, the victims of the offence may also be ordered to be compensated for the damages caused under the Civil Transaction Law. Article 293 of the Law states that trespassing against others in their freedom, honour, dignity, reputation, social standing or financial position may be considered as moral damages.
Conclusion
In the UAE, social media users must be mindful of the consequences of their online activities that can lead to damages to reputations and incite harm against another person. Individuals must always remember that although it is easy to write defamatory and insulting comments on social media, they can have grave legal consequences ranging from payment of damages, fines and even jail sentences.
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.
