Negative online reviews, social media complaints can trigger criminal liability under UAE cybercrime law

In the UAE, residents may face criminal proceedings for online publications that amount to defamation, insult, slander or unlawful invasion of privacy. Such risks arise from posts on social media platforms, online reviews, public comments, videos, photographs and other forms of electronic publication.

Under Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes, Article 43 penalises insulting another person or attributing qualities that would subject them to punishment or contempt with imprisonment and/or a fine of Dh250,000 to Dh500,000.

Federal Decree-Law No. 31 of 2021 on the Crimes and Penalties Law further provides: Article 425 sets imprisonment of 2 years or a fine not exceeding Dh20,000 for attributing an incident that would make someone subject to punishment or expose them to public hatred or contempt. Article 426 sets imprisonment of 1 year or a fine not exceeding Dh20,000 for slander that violates honour or dignity.

The distinction between legitimate criticism and defamation depends on context. A factual account expressed in measured language and supported by evidence differs legally from public accusations of criminal conduct accompanied by insults or personal attacks. Article 44 of the Cybercrime Law addresses privacy invasion, providing imprisonment of at least six months and/or fines of Dh150,000 to Dh500,000 for revealing secrets or private information through information networks.

To avoid legal exposure, residents should use factual and measured language, distinguish facts from opinions, retain supporting evidence, use appropriate complaint channels, and avoid disclosing private conversations, photographs or confidential documents.