In today’s day and age, personal and professional reputations can be tarnished by false claims, whether spread through social media, news outlets, or even by word of mouth.

In Dubai, the UAE’s strict defamation laws provide robust protection against libel (written defamation) and slander (spoken defamation). Here’s a closer look at what constitutes defamation and the potential consequences for those who damage another’s reputation.

Understanding Defamation: Libel vs. Slander

1. Libel: This refers to false and damaging statements published in writing. For instance, if an article falsely accuses someone of a crime, it’s a clear case of libel. Proven cases can result in up to two years in prison or significant fines, especially if published for the public’s consumption. Importantly, any defamatory remark made on social media, whatsapp or any public platform will be considered as libel.
2. Slander: This involves spoken statements that harm someone’s reputation. An example might be a co-worker spreading rumors about unethical behavior during a meeting. Such instances of slander can lead to fines or even jail time if the victim takes legal action.

Penalties for Defamation in Dubai

Defamation is taken seriously in Dubai, with penalties tailored to the severity of the offense. Having said that a person found guilty of writing false claims that damage another’s reputation could face up to two years in prison or a fine of up to AED 20,000. Whereas, verbal defamation can lead to up to one year in prison or a fine of up to AED 20,000.

Moreover, aggravated penalties apply in certain situations, such as when:

• The target is a public official or someone in a public service role.
• The defamatory statements harm a family’s reputation.
• The motive involves malicious intent, like blackmail or revenge.
• The statements are widely publicized, such as through newspapers or online platforms.

For example, falsely accusing a government official of corruption in a widely read publication could lead to harsher fines or longer jail terms.

Defamation Through Digital Platforms in Dubai

Defamatory statements made on digital platforms, including social media (such as WhatsApp, TikTok, Twitter, Instagram, Facebook), websites, SMS, or email, are considered serious offenses under Dubai’s Cybercrimes Law 2021. Article 43 of this law specifically criminalizes insulting others or making false claims that could lead to public contempt or punishment for the targeted individual, with penalties including prison time and fines ranging from AED 250,000 to AED 500,000.

The Cybercrimes Law also addresses the spreading of rumors or fake news through digital channels. This is particularly punishable if it stirs public sentiment against a state authority or occurs during sensitive periods, such as epidemics, emergencies, or disasters.Recording or photographing someone without their consent is strictly prohibited, regardless of whether the material is shared with others or not. Violating this law can lead to jail time or fines. A possible defense exists if the recording or photo was taken as evidence to report a crime to the police.

Under the Cybercrimes Law, website owners, operators, and social media administrators are responsible for preventing the dissemination of illegal content on their platforms. Those who knowingly allow or facilitate the sharing of unlawful material can face penalties, including imprisonment or fines. This means that internet service providers, website owners, and group admins should enforce preventive measures to mitigate the risk of liability for inappropriate posts by users.

Defences Against Defamation Charges

Not every damaging statement qualifies as defamation under UAE law. Here are some scenarios where accusations of libel or slander may not hold:

1. Truth as a defence: If the statement can be proven true, it does not constitute defamation, even if it damages the individual’s reputation.
2. Good Faith Reporting: Statements made in good faith to authorities, particularly if believed to be true, are protected.
3. Legal Immunity: Statements made in court as part of a legal defence are protected, even if they could appear defamatory.

If someone has damaged your reputation, it may be beneficial to consult the best criminal lawyers in Dubai or Legal Consultants in Dubai for further advice either on pursuing your defamation claim or to defend you in a defamation case.