The Dark Side of Social Media: Understanding the UAE's Laws on Online Defamation

In today's digital age, social media has become an integral part of our lives, with millions of users expressing their thoughts and opinions on various platforms. However, with the rise of online activity, the gravity of online defamation has become increasingly prominent. The UAE has taken significant steps to combat this issue by issuing strict legislations against posting untrue or defamatory statements on social media. Under Federal Decree-Law No. 34 of 2021, individuals found guilty of spreading hate or making derogatory comments on public platforms can face severe consequences, including fines and imprisonment.

Key Takeaways:

  • Article 44 of the Cyberlaw states that breaching the privacy of a person by spreading news, electronic images, photographs, footages, comments, data, or information to harm such person can lead to a minimum of 6 months' imprisonment and/or a fine between AED 150,000 and 500,000.
  • The law prohibits spreading negative information about an individual, even if the statements are true, as well as tracking, detecting, disclosing, exposing, copying, or keeping data of geographical sites of third parties without consent.
  • Using derogatory language or insults against another person on social media, including WhatsApp, can lead to legal actions, forcing the offender to pay heavy damages.
  • In a recent case, a woman was ordered to pay AED 30,000 as compensation for insulting another woman on social media, and a man was ordered to compensate his colleague for making insulting comments on WhatsApp.
  • Aggravated crimes under Article 44 of the Cybercrime can lead to an aggravated prison sentence of a minimum of one year, or to pay a fine between AED 250,000 and AED 500,000, for altering a recording, image, or footage for the purpose of defamation or abuse of another person.

Statistics:

  • AED 150,000 to 500,000: The fine for breaching the privacy of a person and/or spreading negative information about an individual.
  • AED 30,000: The compensation paid by a woman to another woman for insulting her on social media.
  • AED 150,000: The damages claimed by the victim of insults for both moral and material losses.
  • 6 months: The minimum imprisonment term for breaching the privacy of a person.
  • AED 250,000 to AED 500,000: The fine for aggravating crimes under Article 44 of the Cybercrime.

Sources:

  • Federal Decree-Law No. 34 of 2021 Concerning the Fight Against Rumors and Cybercrime ("Cyberlaw")
  • Federal Law No. 5 of 1985 on the Civil Transactions Law ("Civil Transaction Law")
  • Article 293 of the Civil Transaction Law
  • Article 44 of the Cyberlaw
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