Ask the Law: Dh100,000 fine and one-year jail for 'wrongful' social media reviews in the UAE

Question: I am an owner of a private clinic. I found out one clinical reviewer has “defamed” my clinic and warned people not to deal with my clinic, which greatly affected my business. My question is: What is the position of the law on such behaviour? Can I file a criminal and civil case to demand rehabilitation and compensation?

Answer: Under the UAE Cybercrime Law, various acts of spreading rumours and false news using any information network for the purpose of harming the reputation are punishable. Such posted commentaries may lead to criminal charges for defamation.

One year in jail

Article 425 of the Federal Decree-Law No. 31/2021 (the Penal Code) prohibits publicly alleging a fact against someone which exposes the victim to punishment or contempt. Article 52 of the Federal Decree-Law No. 34 of 2021 (Cybercrime Law) stipulates that whoever uses the information network to “announce, disseminate, re-disseminate, circulate, or recirculate false news or data, or false, tendentious, misleading or erroneous rumours or reports, or rumours or reports contrary to what has been announced officially, or broadcasts any provocative advertisements that would incite or provoke the public opinion, disturb the public peace, spread terror among people, or cause harm to the public interest, the national economy, the public order, or the public health, shall be punished with at least one year of imprisonment and a fine of not less than Dh100,000.

Provocation of public opinion

This punishment shall increase to at least two years of imprisonment with a fine of not less than Dh200,000 in case any of the mentioned actions set out under Article 52 result in the incitement and provocation of the public opinion against any of the UAE entities or authorities, or is committed during epidemics, crisis, emergencies, or disasters.

You have the right to file a case in the criminal court for the above actions. There is no civil action for rehabilitation; however, the complainant can file a civil claim for damages in tort i.e. “wrongful acts causing harm” and may be entitled to material and moral compensation, provided the elements of the case can be proved.