It seems like every other morning, unless, your social media platform was
overnight filled with defamatory remarks and comments, not being true.
Obviously, you are an immediate victim of defamation through the online
platform.
In this internet era, where every other individual is available on social media
websites watching others activity like a hawk, it is arduous to remove something
posted online. Unfortunately, some individuals consider this platform a way to
ruin others reputation causing significant damages.
Criminal Lawyers of Abu Dhabi have scrutinized the definition of Defamation as
an illegal act committed by spreading false information about an individual
which may tarnish his reputation before friends and family and if against any
business it may cause serious financial loss as well.
The Internet is a boon or bane that is indeed a very wide topic to discuss
wherein; online defamation is undeniably a disadvantage.
Now rather than moving ahead with your daily routine, you are stuck with
innumerable legal questions, for instance, whether or not to take any legal
action, what consequences the defendant might face, can you claim compensation
for the damages caused and it is a non-exhaustive list of queries. Nevertheless,
should you wish to understand the legalities surrounding defamation, reach out
to Best Lawyers of Dubai for assistance.
UAE Criminal Laws against Defamation
Undoubtedly, the Criminal Laws of UAE are so stringent and vigorous that any
anonymous comment on any social media platform will open gates for varied
criminal charges against the alleged. Pertinently, the UAE government have
developed technical systems to ascertain and scrap out the details of the
individuals hiding behind his bright screen defaming innocent people. Lately, we
have witnessed an enormous growth in defamatory cases against individuals, known
or unknown in our region, mostly on online websites.
Federal Law number 3 of 1987 regarding Criminal Law of UAE imposes criminal
penalties on alleged offenders of defamation. Article 372 and Article 373 of the
criminal law specifically deals with the defamation charges. Chapter VI of the
Criminal Law provides for crimes against reputation, libel or abuse and
disclosure of secrets.
Consequently, Article 372 of the Criminal Law states as follows:
Whoever attributes to another person, by any means of publicity, an incident
which makes him liable to punishment or contempt, shall be punished by detention
for a period not exceeding two years or by fine not exceeding twenty thousand
Dirhams.
Furthermore, the article states that if the libel is committed against any
public official who is in charge of public service, it will be observed that the
libel was intended with an illegal purpose. Also, any libel by any means of
publication shall be considered as aggravating circumstances.
On the other hand, Article 373 imposes detention for a maximum period of one
year and a fine not exceeding ten thousand Dirhams, who will disgrace the honour
or modesty of another person by any means of publication without attributing any
particular act to the defamed party. Similarly, the fine and detention period
shall increase if the defamation was against any public official.
Analyzing the aforementioned articles, it is pertinent for our readers to note
that any complaint about defamation shall always possess the following
constituents:
- A statement which is false and defamatory;
- The statement was mentioned before the third party in any form;
- The statement had an adverse impact on the complaints life.
Penalties under Cybercrime Law
In accordance with Federal Law, Number 2 of 2012 (the Cybercrime Law), any
remark which is considered as defamation made on social media or via any other
means of IT device will be termed as an offence and gross violation of
Cybercrime Law. Further, Article 20 of the Cybercrime Law forbids individuals to
insult others or pass any comments using any computer network or IT Device; else
they will be prosecuted before relevant court.
It is additionally precluded under Article 39 of the Cyber Crime law for any
owner of any website or IT network to store or give unlawful substance, on the
off chance that they know about the illicit substance. This implies website and
can likewise be held at responsible for improper posts by individuals. A fine of
maximum AED 500,000 can be imposed on whoever violates the Article of 20 of the
Cybercrime Law along with deportation order.
Be Aware!
Defamation is a criminal offence under the Criminal Law of UAE, and on the off
chance that it happens by using IT device the punishments under the Cyber Crime
Law can be much extreme. People should scrutinize the menace attached to such
criminal activity which might be interpreted as disparaging or annoying and
ought to know that comments against religion, public officers, or relating to
personal life, will in general draw in higher punishments.
We suggest employers revise and update any web utilization arrangements to
explicitly allude to social media websites and should educate the employees
regarding the repercussions of such acts. Â
Please Drop Your Comments