Defamation on WhatsApp in the UAE: What You Need to Know

The digital era brings both advantages and disadvantages. Communication has evolved beyond physical boundaries, with the social media and messaging platform WhatsApp becoming central to how we interact. This revolution in communication offers numerous advantages. However, it also exposes us to a significant risk: defamation and cybercrime.

Defamation in the UAE is not a mere civil dispute but a criminal offense. When done intentionally, it can result in severe consequences. Avoid posting a critical comment online or having a heated exchange in a private message. All these fun games often cost you a lot. Both individuals and companies must understand the laws governing their online activities in the UAE to avoid legal trouble.

Digital communication is on the rise after post-pandemic. As a result, famous social media defamation cases have skyrocketed. The UAE’s laws surrounding defamation are strict and carry severe penalties, especially in the realm of social media and electronic communication.

This blog will guide you through:

●     The Legal Landscape of defamation and cybercrime, and

●     Provide practical advice on how to protect yourself

●     Safeguarding your business from potential legal issues.

What is Defamation?

Defamation is making false statements about someone that harm their reputation. It can occur through spoken (slander) or written (libel) words. Whether verbal or nonverbal, both lead to legal consequences.

Social Media Defamation Laws in the UAE: What You Should Know

Defamation is not just a matter of personal harm in the UAE—it can result in criminal charges. Under the UAE’s Penal Code and Cybercrimes Law, making defamatory remarks (public or private) can lead to huge legal consequences. The laws apply to all forms of communication, including traditional media like newspapers. Modern digital platforms such as defamation on WhatsApp, Facebook, and Instagram are also a part of it.

Key Defamation Offences

There are two principal defamation offenses laid out in the UAE's Penal Code:

1. Article 425: Public Allegations
2.  This article addresses allegations that can expose someone to punishment or contempt, particularly in public settings. Such allegations can lead to criminal penalties whether true or false. Especially if they harm the reputation of the individual in question.
3. Article 426: Insulting Honour or Dignity
4. Any public act that insults someone’s honor can be classified as defamation. Including direct insults and verbal abuse. The actions that harm a person’s social standing or respectability.

Defamation Through Digital Means: A Growing Concern

Defamation through electronic means is becoming a threat with the increasing reliance on digital communication,. The UAE Cybercrimes Law of 2021 regulates defamation carried out through digital platforms such as:

• WhatsApp
• X (Also known as Twitter)
• Instagram.

Digital communication amplifies the reach and impact of defamatory statements. Because these comments can quickly go viral. Resulting in affecting the reputation of individuals/businesses.

The Cybercrimes Law: Key Provisions

Under the Cybercrimes Law, several offenses of defamation through electronic means have been explicitly defined, including:

Insulting Others Using Digital Platforms

Article 43 makes it an offense to insult others or attribute false incidents. It may bring harm/humiliation through any electronic medium. Convictions can result in imprisonment. A hefty fine can be charged, ranging from 250,000 to 500,000 Dirhams.

Spreading False Information

The law also criminalizes spreading rumors or fake news online. The incidents that harm public order or incite unrest during crises or sensitive times like pandemics.

Recording or Transmitting Private Conversations Without Consent

Secretly recording a conversation in a private setting is a crime. Taking photographs of someone with the intent to defame them. Sharing those images or recordings. The act itself is a crime even if the content is never shared.

Potential Penalties for Defamation in the UAE

The consequences of defamation in the UAE are severe. It can include criminal penalties and financial fines. An overview of the penalties associated with defamation offenses is discussed in the table:

• Defamation Offence
• Potential Penalties
• Public Allegations (Article 425)
• Imprisonment of up to 2 years or a fine up to AED 20,000
• Insulting Honour or Dignity (Article 426)
• Imprisonment for up to 1 year or a fine
• Insulting a Public Official
• Increased punishment if the defamation targets a public officer
• Digital Defamation (Cybercrimes Law)

Fine between AED 250,000 and AED 500,000, and/or imprisonment for at least 1 year

Note: Defamation against a public official or a family member can lead to more severe penalties. This may include extended prison sentences/higher fines.

Risk to Employers: Corporate Liability

UAE companies must be mindful of how employee actions can lead to criminal liability. Especially when defamation occurs on social media platforms. If the defamatory comments are unrelated to the employer’s business, still it’s risky. The employer’s image and reputation could be tied to the case if the individual making the comments is a company employee.

Key Risks for Employers:

Investigations May Involve Company Devices

The police may request access to company devices if an employee is accused of defamation. This includes:

●     Office computers

●     Smartphones, or

●     Emails to investigate the matter.

Employer's Responsibility for Employees' Actions

The employer may face penalties where an employee’s comments are seen as representing the employer’s view. In another scenario, if it’s damaging the company's reputation.

How to Protect Yourself and Your Business

Individuals and businesses should take proactive steps to mitigate the defamation risk and cybercrime charges. Helping them in achieving compliance with UAE law. Let’s figure out how to avoid defamation on social media by taking measures:

For Individuals:

Think Before You Post: Your all online posts must be respectful and non-defamatory. Including both public and private.

Avoid Insulting Remarks: Insulting someone’s honor or dignity can lead to serious legal consequences. Don’t try to do it even in private messages or small online groups.

Respect Privacy: Never record someone’s conversation or take pictures without consent. Never plan to share the content intentionally.

For Employers:

Implement Clear IT and Social Media Policies: Ensure that all employees are aware of the legal implications of their online actions. Reinforce the importance of responsible use of company devices and communication platforms.

Monitor Digital Content: Monitor digital platforms and social media channels regularly. Check out defamatory content linked to your business or employees. Make sure you don’t have any activity related to social media defamation UAE.

Provide Training: Offer regular training on how employees can avoid defamation charges. This may include clear guidelines on social media use and other online platforms.

Wrapping Up!

Defamation and cybercrime are serious offenses in the UAE. It has far-reaching consequences. The UAE laws governing digital communication are strict. Those who are involved in defamation face penalties. Whether it be public or private, online or offline. Individuals and businesses must be vigilant about the potential legal risks of defamatory remarks. Especially in the social media age.

Hire Professional & Legal Assistance

Being aware of UAE laws surrounding defamation is essential. If you require help, reach out to us at any time to get legal advice in the UAE. We best assist both employers and employees to avoid legal pitfalls. Our presence ensures the protection of their reputations and rights in an increasingly digital world. We want you to stay informed compliant, and safe! Let’s avoid trapping yourself in defamation on WhatsApp and other social platforms.