Defamation and Insult Crimes in UAE Law

Defamation and Insult Crimes in UAE Law
If you have been subjected to insult, abuse, or defamation in the UAE, whether in person, over the phone, or via social media, UAE law entitles you to file a criminal complaint seeking punishment of the offender, as well as to claim civil compensation for the harm you suffered. Federal Decree-Law No. 31 of 2021 on Crimes and Penalties governs traditional insult and defamation offences under Articles 372 to 426, while Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrime governs insult and defamation committed through social media and electronic messages. At AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS, this guide explains the difference between the two offences, the applicable penalties, and the steps to file a complaint if you have been subjected to either.
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What Is the Difference Between Insult and Defamation Under UAE Law?
Insult (or abuse) is any statement or act that harms the victim's honour or dignity without attributing any specific fact to them, such as using offensive or degrading language against them. Defamation, on the other hand, is attributing a specific fact to the victim that would expose them to punishment or contempt from others, such as explicitly accusing them of committing a disgraceful act or a specific crime. Both offences require the element of publicity - meaning the insult or defamation must come to the knowledge of others, whether in a public place or through a means of communication or publication.
Penalties for Insult and Abuse Under the Federal Penal Code
Public Insult Without Attributing a Specific Fact
Under Article 426 of Federal Decree-Law No. 31 of 2021 on Crimes and Penalties, anyone who publicly insults another in a manner that harms their honour or dignity is punished with imprisonment for up to one year or a fine of up to AED 20,000.
Insult or Defamation by Phone or Message
Under Article 374, imprisonment for up to six months or a fine of up to AED 5,000 applies if the insult or defamation occurs by phone or in the presence of the victim and others, while the penalty is a fine only if it occurs without anyone else present.
Aggravating Circumstances
The penalty is increased under Article 425 if the insult or defamation occurs through publication in newspapers or printed material, or if it is directed against a public official during the performance of their duties, or harms a family's reputation.
Penalties for Online Insult and Defamation via Social Media
Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrime regulates the penalty for insult and defamation committed through social media or messaging applications such as WhatsApp. If the post or message publicly attributes a fact to the victim that would expose them to punishment or contempt, the penalty is imprisonment for up to two years or a fine of up to AED 20,000, with an increased penalty in cases of repeat offences or where the victim is a public official.
Steps to File an Insult or Defamation Complaint in the UAE
  • Document the incident as soon as it occurs: screenshots, audio recordings, or the names of witnesses present.
  • Go to the nearest police station or file an electronic report through the smart police applications of the relevant emirate.
  • Record your statement before the police, after which the report is referred to the competent Public Prosecution for investigation.
  • The Public Prosecution may summon the accused for questioning and confront them with the evidence submitted.
  • The victim may submit a claim for civil compensation as part of the criminal case or through a separate civil lawsuit.
Can I Claim Civil Compensation for Insult or Defamation?
Yes, alongside the criminal case which aims to punish the offender, the victim of insult or defamation is entitled to claim civil compensation for the material and moral damage suffered as a result of the harm to their reputation or honour. This claim can be filed before the competent criminal court alongside the criminal case, or through a separate civil lawsuit before the civil court.
Why Do Clients in Dubai and the UAE Trust FIRM_GOLD?
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS is a licensed UAE law firm specialising in traditional and online insult and defamation cases before the Public Prosecution and criminal courts in Dubai and across all emirates of the country. We help you document the evidence and draft the complaint in the correct legal form to ensure the best chances of it being accepted and resolved.
Whether you were subjected to insult or defamation in person or via social media, our team follows your complaint from the moment it is filed through to judgment, with the possibility of claiming appropriate civil compensation.
Have you been subjected to insult or defamation and don't know how to complain?
Our legal team is ready to help you document the incident and file and follow up the complaint before the competent authorities, in any emirate across the country.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS
Frequently Asked Questions
Q How do I complain if someone insulted or abused me?
Document the incident as soon as it happens with screenshots, a recording, or witnesses, then go to the nearest police station or file an electronic report through the smart police app in your emirate, after which it will be referred to the Public Prosecution for investigation.
Q Where do I file a complaint if I was subjected to insult or defamation?
You can file the report at the nearest police station, electronically through the smart police applications, or directly before the competent Public Prosecution in the emirate where the incident occurred.
Q When should I file the complaint after being insulted or defamed?
It is best to file the report as soon as possible after the incident, to ensure the evidence is documented before it loses its value or is deleted, particularly in cases of online insult through messages and posts.
Q Why is it required to document evidence before filing the complaint?
Because accepting the report and investigating it requires the availability of material evidence or indications proving the incident, such as recordings, screenshots, or witnesses; a bare allegation without evidence is not sufficient.
Q What evidence is required to prove an incident of insult or defamation?
Screenshots of conversations or posts, audio or video recordings, text messages or emails, or the testimony of people who witnessed the incident.
Q Can I file a complaint if the insult occurred via WhatsApp or social media?
Yes, Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrime covers insult and defamation committed through messaging applications and social media platforms.
Q Can I claim financial compensation for the harm I suffered?
Yes, the victim is entitled to claim civil compensation for material and moral damages, either as part of the criminal case itself or through a separate civil lawsuit.
Q Do I need a lawyer to follow up an insult or defamation case?
It is advisable to engage a lawyer to ensure the complaint is properly drafted in legal form, to follow up the investigation and trial procedures, and to submit the civil compensation claim correctly.
Legal Disclaimer
The content of this article is provided for general legal awareness only and does not constitute formal legal advice. It is not a substitute for consulting a specialist lawyer to review the specific facts of your case. Facts and procedures vary from case to case; please contact AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS directly for accurate legal advice tailored to your circumstances. In case of any discrepancy, the Arabic text shall prevail.
AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS provides its services across the Emirate of Dubai, covering traditional and online insult and defamation cases before the Public Prosecution and criminal courts in Dubai.
The firm also provides legal services in Abu Dhabi, Sharjah, Ajman, Ras Al Khaimah, Fujairah, and Umm Al Quwain, covering all insult and defamation cases before the competent authorities in each emirate.