How To File an Online Defamation Case in the UAE?

A social media post, WhatsApp message, online review or comment can spread within minutes. When that content contains insults or damaging accusations about another person, it may go beyond an online disagreement and become a criminal matter under UAE law.

The UAE does not take online defamation lightly. Certain defamation complaints are subject to a limited time frame, so individuals should also act quickly.

What Is Online Defamation in the UAE?

Online defamation is mainly regulated by Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes.

Article 43 applies in cases where a person uses an information network, technological means or an information system to insult another person or attribute to him/her something that may expose him/her to punishment or contempt by others.

The provision can extend to behavior on social media platforms, messaging apps, websites and other digital channels. Under Article 43, the punishment is imprisonment and/or a fine from AED 250,000 to AED 500,000. The offense is aggravated if it is committed against a public official or a person entrusted with a public service by reason of his functions.

Online defamation does not therefore require a lengthy public post. Depending on the facts, an insulting message, accusation, comment, voice note or digital publication may be sufficient to raise legal concerns.

Step 1: Preserve the Online Evidence

Keep a clear record of what was posted or sent before you report the matter.

Useful evidence might include:

Avoid heavily cropping, editing or altering screenshots. The surrounding conversation and original account information may help establish the context and identify the person responsible.

Even if the offending post is later deleted, other electronic evidence may still be relevant. Dubai Police has also emphasised that online content is traceable and may be used as digital evidence in legal proceedings.

Step 2: Do Not Delay the Complaint

With internet defamation, timing is even more crucial. Pursuant to Article 11 of Federal Decree-Law No. 38 of 2022 on Criminal Procedures, a criminal case for some violations, including cursing and slandering persons, may not be initiated unless the victim, his representative, or a counsel files a complaint.

The same Article establishes an important time limit. No complaint shall be entertained after the expiry of three months from the date of the information in the case to the victim of the offense and the person responsible for it, if the law provides otherwise.

For this reason, a person affected by an online defamatory post, message or comment should not delay simply because they expect the content to be deleted or the dispute to resolve informally. It is important to keep a record of when the offending content was discovered and when the identity of the person responsible became known.

Step 3: File the Complaint With the Competent Authority

Article 12 of the Criminal Procedures Law provides that a complaint may be filed with the Public Prosecution or a law enforcement officer. If the offence is discovered while it is being committed, the complaint may also be made to a public authority officer who is present.

In practice, an online defamation complaint may be reported to the police or the competent Public Prosecution in the relevant emirate. The complainant will usually be required to provide identification details, information about the person responsible where known, and the available electronic evidence.

The appropriate authority may depend on the circumstances of the case, including where the parties are located and where the offending content was published, sent or received. Once the complaint is registered, the authorities can review the evidence and take the necessary investigative steps.

Step 4: Police Investigation and Public Prosecution

When a complaint is made, police can examine the digital evidence, take statements and find or contact the person accused of posting the material.

The case may be sent to the public prosecution. Article 9 of the Criminal Procedures Law gives the Public Prosecution the right to initiate and prosecute criminal cases.

The evidence will be considered by the prosecution and a decision made whether to progress the matter. If there are sufficient reasons, the case could be eventually sent to the criminal court responsible.

Mrs Awatif Al Khouri provides strategic advice on issues of online defamation by assessing the offending content, identifying the relevant legal provisions, analyzing the strength of the electronic evidence and determining the most appropriate course of action to protect the reputation and legal rights of the complainant.

What if Private Information or Photos Were Published?

Some cases involve more than defamatory words. Article 44 of the Cybercrime Law deals with breaches of privacy, including the unlawful recording, sharing or publication of conversations, photographs, videos and other material.

The provision also applies to the spreading of news, images, comments, data or information, even if true and correct, where this is done to harm another person. Penalties vary depending on the conduct and may include detention and heavy fines.

Cases involving photographs, recordings, private conversations or altered images may therefore raise privacy offences in addition to online defamation.

Can the Victim Claim Compensation?

A criminal fine is a punishment imposed on the offender and is not automatically compensation paid to the victim.

Where the defamatory conduct has caused financial loss, reputational damage or moral harm, the victim may also consider seeking civil compensation, subject to proving the damage and its connection with the wrongful conduct.

The criminal complaint and the claim for compensation should thus be understood as distinct, but perhaps related, legal steps.

Conclusion

Online defamation can have serious consequences in the UAE, particularly as digital messages and social media posts can spread quickly and can be traced. Those affected should preserve original evidence, refrain from responding with further insults, identify the responsible person and consider filing the complaint without delay, as the three month complaint period may apply.

Mrs. Awatif Al Khouri assists individuals and businesses facing online defamation by evaluating the evidence, determining the appropriate criminal and civil remedies and guiding the matter through the police, Public Prosecution and court process where required. Early and properly structured legal action can be critical in protecting both reputation and legal rights.