The rapid growth of social media platforms has transformed the way people interact and share information worldwide. However, this technological advancement has also brought its own challenges, particularly regarding defamation and its impact on individuals and businesses in the United Arab Emirates (UAE). This article explores the complex relationship between social media and defamation in the UAE, focusing on the legal framework and the challenges authorities face in protecting reputations while preserving freedom of expression.
Understanding defamation in the United Arab Emirates
Defamation consists of making false statements about a person or entity that damage their reputation. The UAE takes defamation very seriously and holds individuals accountable for their online actions. Social media allows anyone to become a potential publisher, but this power comes with significant responsibilities. A defamatory statement published on social media can reach a large audience almost instantly, potentially causing irreversible harm to a person or business.
The new Penal Code provides for two main defamation offenses in Articles 425 and 426. Under Article 425, it is prohibited to publicly allege a fact against a person, thereby exposing the victim to punishment or contempt. Article 426 concerns publicly insulting someone in a manner that could harm the victim's honor or dignity.
UAE legal framework regarding defamation on social media
On January 2, 2022, significant changes concerning defamation and cybercrimes were introduced into UAE legislation:
- Federal Decree-Law No. 34 of 2021 on Combating Rumors and Cybercrimes (Cybercrimes Law);
- Federal Decree-Law No. 31/2021 on the Issuance of the Crimes and Penalties Law (Penal Code).
Under UAE law, publishing defamatory comments on social media is a criminal offense, just as it is when publishing them in newspapers, books, and magazines. However, the penalties can be even more severe, and the easily accessible and informal nature of social media can catch authors off guard. It could even be argued that the risk of harm through social media is greater than through traditional media, given the immediate and largely uncontrollable spread of opinions published on social media platforms, which can be shared and go viral within minutes to an audience far beyond what the original author had contemplated.
The new Penal Code provides for a separate offense involving infringement of privacy and family life, including recording or distributing private conversations or photos without consent. The Cybercrimes Law also includes this offense and penalizes the dissemination of information with the intention of causing harm. Offenders may face a fine of up to AED 500,000 and/or imprisonment for at least one year.
In the United Arab Emirates, there is no specific civil remedy for defamation, but claimants may seek damages where a civil tort has been proven.
In the UAE, any comment posted, whether anonymously or not, may result in criminal defamation proceedings.
Recent high-profile cases include that of a woman convicted of insulting her uncle via WhatsApp, and another case that resulted in four individuals being sentenced to prison following an exchange of insults on Twitter.
Defamation through digital tools
Defamatory statements made on social media or through any other digital means, such as WhatsApp, TikTok, Twitter, Instagram, Facebook, websites, SMS, and email, may constitute an offense under the new Cybercrimes Law. Article 43 of this law prohibits insulting others or attributing an incident to them that could expose them to punishment or public contempt by using a computer network or any information technology means, and carries criminal penalties of a fine ranging from AED 250,000 to AED 500,000 and/or imprisonment.
The new Cybercrimes Law also introduced a new offense for spreading rumors or false information through digital means if this provokes unfavorable public opinion against a state authority or is committed at a sensitive time, such as during an epidemic, emergency, or disaster.
It remains prohibited to record or photograph someone without their consent, as well as to copy and distribute such recordings or photos. This constitutes a crime even if the recording or photo is not sent to anyone else, regardless of the context. The offense is punishable by imprisonment or a fine. A potential defense exists if the recording or photo was taken for the purpose of reporting a crime to the police.
The Cybercrimes Law also prohibits any owner or operator of a website or information network from facilitating the commission of a crime punishable by law. This means that Internet service providers, as well as owners and administrators of websites and social media platforms that store or provide illegal content, may commit an offense punishable by imprisonment and/or a fine, especially if they are aware of the illegal content. Consequently, website and group administrators may be held liable for inappropriate posts by their members and should implement measures to mitigate this risk.
Defamation on social media represents a significant challenge for the United Arab Emirates, which strives to maintain a delicate balance between protecting reputations and preserving freedom of expression. The country's legal framework provides a solid basis for addressing defamation cases, but the borderless nature of the Internet and anonymous accounts remain significant obstacles. By raising public awareness, cooperating with social media platforms, strengthening cybercrime units, and encouraging the use of alternative dispute resolution mechanisms, the UAE can take steps to manage defamation on social media effectively and foster a safe online environment for its citizens.
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