المدونة

Under UAE law, specific conditions must be met to initiate a criminal case for defamation or insult, especially in cases involving harm to an individual’s dignity or social standing. It is not sufficient for an offense or insulting statement to occur—certain legal conditions, as defined by the legislator, must be fulfilled for the court to accept the defamation and insult claim.

In this article, we will shed light on the key conditions, the penalties imposed on those who commit defamation and insult crimes, and the role of the lawyer in handling such cases before the judiciary.

Key Conditions for Filing a Defamation and Insult Lawsuit under UAE Law

Defamation generally involves the use of offensive language without attributing a specific act, while slander (or libel) involves accusing someone of a particular act that harms their honor or reputation. UAE law requires the fulfillment of several conditions to ensure the seriousness of the case and to protect the rights of all parties, as well as to prevent the misuse of the judiciary for personal vendettas.

The legal conditions for filing a defamation and insult lawsuit in the UAE are:

1. The occurrence of an act that violates dignity, whether through verbal insult or slander by attributing a false incident, with the statement containing clear humiliation or a baseless accusation.
2. The identity of the offender must be known. A lawsuit cannot be filed against an unknown individual unless their identity is revealed during the investigation.
3. No legal justification must exist, such as the legitimate right to critique or expression of opinion within legal limits.
4. The lawsuit must be filed within the legal timeframe, which is three months from the date of knowledge of the incident and the perpetrator.
5. Providing tangible evidence to prove the alleged incident, such as (witness testimonies, documents, or audio/visual recordings).
6. The complaint must be filed by the affected party personally or by someone legally authorized on their behalf (such as their lawyer or a family member). No third party may file the lawsuit except in specific cases like minors or the absent.
7. The matter must not have been resolved through official reconciliation or settlement between the parties.
8. The act must not have occurred in a legal or professional context, such as disclosures during official investigations or in defense of a legal right.

Legal Procedures for Filing a Defamation and Insult Lawsuit in the UAE

Defamation and insult crimes are closely related to personal dignity, and the Public Prosecution will not initiate criminal proceedings unless the victim or their legal representative submits an official complaint and the conditions for filing a lawsuit are met, as clarified in Article 11 of Federal Law No. 38 of 2022.

According to the law, the procedures are as follows:

1. The victim must file an official complaint at the police station or with the Public Prosecution, detailing the defamation or insult incident, how it occurred, and the identity of the offender, if known.
2. The complainant must support their report with physical evidence (audio recordings, written messages, videos, online posts, or eyewitness testimonies).
3. The Public Prosecution gathers evidence and hears statements from both parties and witnesses and may order further investigation if necessary.
4. If sufficient elements of the crime are found, the case is referred to the competent criminal court for adjudication.
5. The judge reviews the facts and allows both parties to present their defenses before issuing a ruling based on the documents and evidence.
6. The victim or defendant may appeal the judgment within the legal timeframe if justified by legal grounds.

We strongly advise consulting a defamation and insult lawyer in the UAE to guide the legal process, offer accurate legal advice, and avoid any procedural errors that could impact the outcome of the case.

Legal Penalties for Defamation and Insult in the UAE

Penalties for defamation and insult in the UAE are applied only after the legal conditions for filing a lawsuit are fully met. Depending on the nature of the act and the method used to commit it, penalties vary between imprisonment and fines, as outlined in Articles 425–427 of Federal Law No. 31 of 2021:

1. Up to two years imprisonment or a fine of up to AED 20,000 for publicly committing an act that criminalizes or disrespects a person.
2. Harsher penalties apply if the offense targets a public official during their duties or harms one’s honor or reputation, which may include imprisonment, a fine, or both.
3. Up to one year imprisonment or a fine of up to AED 20,000 for public insults without attributing a specific incident.
4. Insults or defamation over the phone or in the presence of a third party may result in six months’ imprisonment or a fine of up to AED 5,000.
5. If the insult or defamation occurs privately without witnesses, the penalty is a fine of AED 5,000.
6. Penalties are increased if the act targets a public official or affects honor and dignity with malicious intent.
7. Using publication methods (such as newspapers or print materials) is considered an aggravating factor due to the wide-reaching impact.

The Lawyer’s Role in Defamation and Insult Cases

A lawyer’s involvement is essential in defamation and insult cases due to their legal complexity and procedural requirements, which demand knowledge of criminal law and understanding of personal rights and freedoms. The lawyer’s role includes:

1. Providing online legal consultation and assessing whether the complaint meets the conditions for filing a lawsuit.
2. Drafting the complaint in a legally sound manner that clearly presents the elements of the crime and includes convincing facts and evidence.
3. Submitting admissible evidence to the Public Prosecution, whether emails, recordings, publications, or witness statements.
4. Preparing legal pleadings with precision, ensuring adherence to proper legal protocols, thus protecting the client’s rights.
5. Representing the client before the investigative and judicial authorities, presenting appropriate defenses and responding to the opposing party based on legal texts and case precedents.
6. Following up on the case until a ruling is issued, ensuring legal deadlines are met and handling appeals if necessary.

Conclusion

This article has outlined the legal conditions for filing a defamation and insult lawsuit in the UAE. These conditions are designed to strike a legal balance between protecting individual reputations and safeguarding freedom of expression.