The widespread use of social media, messaging applications and other digital platforms has made it easier than ever to share information and opinions. However, online comments can also create significant legal risks. In the UAE, defamatory or insulting statements made through social media, websites, WhatsApp, email and other digital platforms may result in criminal liability and, in appropriate cases, civil claims for compensation.
What Is Defamation Under UAE Law?
Defamation generally involves attributing a statement or fact to another person that may expose them to punishment, contempt or damage to their honour or dignity. Under Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law, Articles 425 and 426 address libel and slander. Article 425 covers publicly attributing a fact that may expose another person to punishment or contempt, while Article 426 addresses public insults that may harm a person’s honour or dignity.
Importantly, the fact that a statement is made online does not make it less serious. The nature of the platform, the wording used, the circumstances in which the statement was published and its potential impact may all be relevant when assessing liability.
Online Defamation and the Cybercrime Law
Where defamatory or insulting conduct takes place through an information network, information technology or an information system, Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes may also apply.
Article 43 specifically criminalises using an information network or information technology to insult another person or attribute a matter to them that may expose them to punishment or contempt by others. The offence carries imprisonment and/or a fine of between AED 250,000 and AED 500,000. The offence is treated as aggravated where it is committed against a public official or a person entrusted with a public service in connection with their duties.
This can apply to content posted or circulated through platforms such as Instagram, Facebook, TikTok, X, websites, email and messaging applications. A person should therefore not assume that a comment is legally safe simply because it was made from a personal account or shared within a private digital group.
Privacy and Digital Content
Defamation is not the only digital risk. Article 44 of the Cybercrime Law also protects privacy and private or family life. It covers, among other things, unauthorised recording or disclosure of conversations, photographs and other private material. It also addresses certain forms of publishing information, images or recordings with the intention of harming another person’s reputation. The penalties can include imprisonment of at least six months and/or a fine of AED 150,000 to AED 500,000.
Accordingly, sharing a photograph, recording, private message or other personal material without consent may create separate criminal liability, even where the material itself is genuine.
Can a Person Be Liable for Reposting or Sharing Content?
Yes. Digital liability is not necessarily limited to the person who originally created the content. Reposting, forwarding or otherwise circulating potentially unlawful material may also expose an individual to legal consequences depending on the circumstances.
For this reason, individuals and businesses should exercise caution before sharing allegations, accusations, screenshots, recordings or other material concerning another person. The fact that the content was created by someone else does not automatically make its further publication risk-free.
Civil Compensation
Criminal liability and civil liability are separate issues. A person who suffers harm to their reputation may, depending on the circumstances and applicable legal requirements, also pursue a civil claim for compensation for the damage caused. The availability and extent of compensation will depend on the facts and evidence of the particular case.
Practical Steps for Individuals and Businesses
Individuals should avoid posting or forwarding allegations about another person without first considering whether the content could be defamatory or otherwise unlawful. Particular care should be taken with accusations of criminal conduct, professional misconduct or other statements capable of damaging a person’s reputation.
Businesses should also have clear policies governing employees’ use of social media, email and other digital communications. Where an employee’s online activity is connected to the business, its employees or its brand, the situation may create additional legal and reputational risks for the organisation.
Conclusion
Online communication should not be treated as separate from ordinary legal responsibilities. In the UAE, social media posts, messages and other digital content can give rise to serious consequences where they amount to defamation, insult or an unlawful invasion of privacy.
The safest approach is to think carefully before posting, forwarding or publishing content about another person, particularly where the statement concerns their reputation, professional conduct or private life. Where potentially defamatory content has already been published, prompt legal advice can help assess the available remedies and the appropriate steps to take.