Asocial media influencer was penalised Dh81,000 after a UAE court found that a video she posted about a well-known restaurant defamed the business rather than offering legitimate criticism, according to the Abu Dhabi Judicial Department (ADJD).
The influencer filmed the restaurant, posted the video on her social media account, and questioned the owner's integrity and business practices. The owner filed a complaint, stating the video significantly damaged both his personal and business reputation.
When summoned and questioned with the recorded material, the defendant admitted during the initial inquiry and Public Prosecution investigations to filming the premises and publishing the video via her personal account. According to ADJD, she claimed her actions were intended as criticism.
Authorities determined that the video contained direct insults against individuals rather than a review of the restaurant’s services or products. Investigators concluded the content was defamatory and abusive, as it targeted personal character instead of providing an objective business assessment.
The court convicted the defendant, imposed a Dh30,000 fine, ordered the removal of the video, and confiscated the mobile phone used to record and publish the content.
According to the judgment, the repercussions extended beyond the criminal penalty. The court further ordered the defendant to pay Dh51,000 as temporary civil compensation to the aggrieved party, bringing the total financial penalty to Dh81,000.
The Abu Dhabi court emphasised the legal consequences of defaming individuals or entities on social media and clarified the distinction between legitimate criticism and defamation. While consumers may express opinions about products and services, UAE law prohibits comments that target an individual’s reputation or include abusive allegations.
The court stressed that online posts may result in legal consequences if they harm others’ reputations, according to ADJD.
Any person who publicly defames another individual by alleging a fact, could face a jail sentence of up to two years or a fine not exceeding Dh20,000. Under Article 425 of the Penal Code, this offence is considered a criminal offence and aims to protect individuals from accusations or statements that may harm their reputation or subject them to legal consequences.
If the defamation is committed through publishing in a newspaper or publication, it is considered an aggravating circumstance, which may result in a more severe punishment.
Article 426 deals with public insults that injure another person's honour or dignity without imputing a specific fact. Unlike defamation (Article 425), which involves claiming a specific defamatory fact that could result in punishment or contempt, Article 426 focuses on general offensive remarks or name-calling that degrade someone's honour or dignity without making specific allegations.
Under Article 428 of the UAE Penal Code, defamation is not a crime if the perpetrator can prove the incident that was attributed to the victim, specifically involving public officials or persons assigned to public service. Thus, simply proving the truth is not sufficient unless it is related to the conduct of a public official in their official capacity.
Under the UAE cybercrime law, the dissemination of false information is strictly prohibited and carries severe penalties. It targets modern platforms used to spread, publish, re-publish, circulate or re-circulate fake news or data, or false, malicious, misleading, or incorrect reports or rumours that contravene officially announced news thus protecting public health, public peace and combating the spread of false information and rumours that can have detrimental effects on society and public order.
Violators may face a penalty of imprisonment for at least one year, along with a fine of not less than Dh100,000. The penalty increases to two years in jail and a minimum of Dh200,000 fine if the crime was committed during pandemics, emergencies and crises.
Since the law specifically targets false and misleading information, a key defence is demonstrating that the information shared is true and is not intended to mislead or provoke to avoid penalties.
The law also aims to protect individuals from defamation and harmful statements made through digital means. It states that anyone who insults another person or attributes to them an event that may subject them to punishment or contempt by others shall be subject to detention and/or a fine. The minimum fine is set at Dh250,000, while the maximum fine is Dh500,000.
