All countries have laws governing false accusations or defamation to make sure a framework is in place between free speech and disperse of false comments or assertions to harm a person’s reputation under the guise of exercising freedom of expression. The United Arab Emirates (UAE) has very strict laws safeguarding one’s status, and false allegations are illegal here, unlike in other countries.
What is Defamation?
Defamation is the gesture of attacking and making false allegations against an individual or persons in order to harm their reputation. Defamation is classified into two types: libel and slander.
Libel – It can be described as any written or published statement. False allegations caused by billboards, comics, images, and even the exhibit of statues also can be considered libel.
Slander – Slander can be interpreted as any verbal assertions or comments made. It includes any type of verbal abuse or false and misleading statements that can harm or degrade a person’s reputation.
Law in the UAE
As per the UAE defamation law, anyone who makes statements or comments about another person in order to sentence him to punishment or disrespect through any means of public communication is guilty of libel. If such publication occurs in one of the newspapers or other printed materials, the gravity of the offence is increased.
A person who commits libel would be punished with imprisonment for a term not more than two years and/or by a fine not exceeding AED 20,000 (UAE Dirhams twenty thousand). If such a libel is made against a public official or a person responsible for public service in order to harm the honor or reputation of the family members or to achieve an illegal purpose, the individual faces extreme imprisonment and/or a fine.
Anyone who makes demeaning remarks or comments against any individual, causing damage to that person’s honor or integrity without justification, through any methods of publicity, shall be imprisoned for a period not exceeding one year and/or a fine not exceeding AED 20,000 (UAE Dirhams twenty thousand). If any person is deemed to have made any kind of disrespecting statements or remarks against a public official, ruining the reputation and honor of the family members, or to accomplish any malice intent, he or she may be sentenced to imprisonment not exceeding a term of two years and/or a fine of not less than AED 20,000 (UAE Dirhams twenty thousand).
The law also states that,
- If any false and misleading statements are made over the phone or on the victim’s face in front of others, the offender will face imprisonment for a term not exceeding six months and/or a fine not exceeding AED 5,000 (UAE Dirhams five thousand).
- If the comments are made on the victim’s face but not in the presence of others, or via a means of letters sent to the victim by any method, a fine of not more than AED 5,000 (UAE Dirhams five thousand) shall be imposed; if such libel is committed against any public official, the allegation of libel shall be intensified.
Online Allegations
With the emergence of different techniques and latest networking apps, such as Facebook, Twitter, and WhatsApp, it is quite likely to come across a million deleterious, insulting, or shameful declarations on different digital platforms, and there can be assertions that cause damage to one’s reputation or character, extend racism and hatred, or attempt to belittle religions or individuals. False accusations on online platforms can result in severe penalties because they can disseminate demeaning or misleading statements to a greater extent than newspapers in today’s technologically advanced world.
According to the Cybercrimes Law, anyone who uses a computer server or any information technology to make disrespectful or accusatory assertions against another person, potentially exposing him to punitive action or mistreated by others, is subject to both prison and/or a fine of not less than AED 250,000 (UAE Dirhams two hundred fifty-thousand). If such humiliating remarks are made about a public servant, the offence will be magnified.
Risk for Employers
The employer must clearly define the guidelines and restrictions for using social media at work. If any person uses the office space, network, or platform to pass any false claims and is accused of a criminal complaint, the employer will be pulled into the judicial proceedings as well, regardless of the basis for the issue. As a sponsor, the employer must bear the consequences of such a wrongdoing.
For the purposes of the investigative process, the police may gain access to the workplace computer systems or even confiscate them if such a system was used to commit a felony act. An employee has the right to file a complaint with the employer under the regulations of the Penal Code if the employer issues notifications or memorandums containing abusive, sexual, derogatory, or other false claims or words.
If you are an employer in the UAE, you are urged to provide a channel for employees to voice their concerns. You should, however, inform them of the legal measures that will be taken against them. Anybody who makes baseless accusations against an individual or persons at work will almost certainly face disciplinary action.
How can Bin Eid Advocates help?
Bin Eid Advocates and Legal Consultants are committed to providing refined yet workable legal advice in order to prevent unnecessary troubles and strain for the client. Our team has expertise in defending and winning defamation cases, and sincerely emphasizes safeguarding and preserving the client’s best interests. With our group of experts possessing extraordinary experience and knowledge in handling defamation suits, we ensure that each and every judicial battle we engage in results in the finest resolutions and in the favor of our clients.
Conclusion
In the UAE, any false accusation or comments posted, whether anonymously or not, may result in criminal charges. In recent years, there is an increase in the number of defamation cases against people in the region, most of these with a social networking context.
People ought to be aware of the potential risks with making or uploading any remarks that could be interpreted as false, misleading, or demeaning, and they should be fully cognizant that statements against the religious practice, public officials, or personal life tend to attract harsher penalties.
It is critical that you consult professional lawyers who are well-versed in this area of law and can provide you with sound legal counsel from the start.