Your comprehensive guide to the issue of defamation and slander under the UAE law

Your comprehensive guide to the issue of defamation and slander under the UAE law

The social status of an individual represents his reputation, honor and boundaries, and whenever these boundaries that protect his personal and psychological safety are violated, the reality is considered a crime that deserves condemnation and punishment, and this is what happens in the crime of defamation and slander.

Since the crime of defamation and slander violates the personal and legal boundaries of the victim’s entity, the UAE law has tightened the penalties for defamation and slander and varied them according to their severity, prevalence and the extent of the resulting damage.

The personality of the individual is his individuality in front of society, and the person is keen to protect it as he is keen on himself, his money and his family, because without it he may appear outcast, obscure or marginalized.

Hence, the UAE law pays great attention to the issue of defamation and slander, which made it a heinous crime of assault, deserving the maximum penalty, as it targets a person with his dignity, status, value and reputation in front of others. Therefore, we at the office of  MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE” provide you with a comprehensive guide to the issue of defamation and slander in the United Arab Emirates… To get an immediate response to your questions, Click and contact us now for any legal inquiries!

What is defamation and slander in the UAE law?

Defamation and slander are two different types of abuse, through which the expression of obscene, impolite and insulting words that include bad criticism of the other party without evidence to prove it, and the difference between defamation and slander lies in the meaning associated with each one of them

Defamation: is the use of words that contain an insult to the other party, and include criticism against him, and these criticisms are not proven against him and have no evidence or basis of truth.

Legally, defamation is: the use of offensive, insulting and abusive words, the content of which degrades the person and causes him to be slandered and criticized by attributing a defect to him without any legitimate justification for that. Therefore, the crime of defamation in the UAE law is based on two elements:

The first element is the material element: it includes insulting a person in a way that insults his honor in any way, without including any direct and clear accusation or attribution.

The second element is the moral element: it is represented by the criminal intent to achieve insult and harm to the victim, and in all cases, defamation is a deliberate crime based on knowledge and will.

As for slander in the UAE law, it is:

Attributing any actions to other persons that, if true, would result in the imposition of penalties on the victim due to the existence of a legally prescribed penalty or that this defamation would cause the reputation of the victim to be distorted among people and be despised by them.

Slander is one of the forms of defamation based on false accusation to achieve a specific goal, which is to harm a person’s reputation and slander him with false news. Slander is by claiming incorrect facts motivated by hatred and malice.

The act of slander is not achieved unless there are conditions for relying on the incident, as this incident must be specified in detail and lead to harm, whether it is punishment or contempt. Slander is adopted as a crime if two elements are met, which are:

The first element is the material element: It is achieved by three elements, which are the realization of the criminal act with the attribution of the accusation, the accusation that leads to the realization of direct harm, and also the nature of the activity of this crime, which is that it is public and occurred in the sight and hearing of people.

The moral element: The act is motivated by intent, so it is one of the intentional crimes, and its moral element is based on criminal intent and the true will to cause harm.

Now, what is the penalty for insult and slander in the UAE:

Some people may say words that represent insult and slander in a rude, immoral and impolite manner with the intention of mocking or joking, insulting the person’s reputation, dignity and individuality.

This leads to the degradation of this person’s status and reputation, as despite the difference in the meanings of insult and slander from one person to another, they have the same content that leads to the degradation of the person’s social status. Accordingly, the Penal Code was approved for the crime of insult and slander as crimes that affect the reputation of the person it represents, and the penalties are as follows:

– A maximum of two years’ imprisonment or a fine not exceeding 20 thousand dirhams, for anyone who attributes to him an incident that makes him subject to punishment, contempt, or ridicule.

– A maximum of two years’ imprisonment if the slander is against a public employee or a person charged with public service, and if the slander is by way of defamation.

– A maximum of one year’s imprisonment and a fine not exceeding 20 thousand dirhams for anyone who accuses another of something that leads to violating the boundaries of honor and scratching it.

– The penalty shall be increased to two years at most and a fine of 20,000 and not more than 50,000 dirhams if the insult is directed at a public employee charged with a public service or harms the reputation or honor of a particular family.

– If the insult is committed by phone or in front of the victim, the penalty shall be imprisonment for a maximum of six months, or a fine of no more than 5,000 dirhams according to the UAE’s defamation and slander law.

– If the insult and slander is committed in the presence of the victim without the presence of anyone else or by sending a text or written message to him, the law punishes him with a fine of no more than 5,000 dirhams.

– As for the penalty for insult and slander on social media, it shall be according to the Anti-Rumors and Cybercrimes Law by using an information means, such as social media, to achieve a specific purpose, which is to harm the victim’s honor, reputation, and social status.

– Anyone who insults another person or attributes something to him that makes him subject to punishment, and abuses and belittles the status and value of others using the information network, the penalty is imprisonment and payment of a fine ranging from 250 thousand dirhams to 500 thousand dirhams or one of the two penalties.

How to file a case of insult and slander in the Emirates?

When you are exposed to a situation that you feel has diminished your status and position in front of others, or you are exposed to an offensive, offensive and immoral word, you have the full right to file a lawsuit against the person who assaulted you, and to file a lawsuit of insult and slander, the elements of the lawsuit of insult and slander must be met, which are as follows:

– The Defamation: The defamation and slander are announced in the hearing and sight of others

– Attribution: Attaching a specific incident to the victim

– The incident: The incident is clear and unambiguous

After that, the lawsuit procedures are initiated by appointing an expert lawyer who is familiar with how to plead to win defamation and slander cases and recover rights, and this is what we provide at MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE”, where our experts are always able to support their clients and recover rights in the shortest possible time.

Therefore, when you are exposed to a situation involving defamation and slander, you have two options, which are the first step:

First: File a complaint with the local police.

Second: File a complaint with the Public Prosecution.

Second step: File a lawsuit in the specialized criminal court by adhering to these steps, with the submission of all the required data in the claim form, including the data of the parties to the lawsuit with the facts of the crime, the signature, and the date of the claim.

Third step: Prove and attach all the evidence and proof that can be submitted to the court that proves the facts of the defamation and slander, with the attachment of your demands.

Step Four: Submit the petition in person or by hiring a legal representative to represent you in submitting the petition. You can have absolute confidence in recovering your full rights through the office of Attorney MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE”. Click and contact us now for any legal inquiries!

The social status of an individual represents his reputation, honor and boundaries, and whenever these boundaries that protect his personal and psychological safety are violated, the reality is considered a crime that deserves condemnation and punishment, and this is what happens in the crime of defamation and slander.

Since the crime of defamation and slander violates the personal and legal boundaries of the victim’s entity, the UAE law has tightened the penalties for defamation and slander and varied them according to their severity, prevalence and the extent of the resulting damage.

The personality of the individual is his individuality in front of society, and the person is keen to protect it as he is keen on himself, his money and his family, because without it he may appear outcast, obscure or marginalized.

Hence, the UAE law pays great attention to the issue of defamation and slander, which made it a heinous crime of assault, deserving the maximum penalty, as it targets a person with his dignity, status, value and reputation in front of others. Therefore, we at the office of  MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE” provide you with a comprehensive guide to the issue of defamation and slander in the United Arab Emirates… To get an immediate response to your questions, Click and contact us now for any legal inquiries!

What is defamation and slander in the UAE law?

Defamation and slander are two different types of abuse, through which the expression of obscene, impolite and insulting words that include bad criticism of the other party without evidence to prove it, and the difference between defamation and slander lies in the meaning associated with each one of them

Defamation: is the use of words that contain an insult to the other party, and include criticism against him, and these criticisms are not proven against him and have no evidence or basis of truth.

Legally, defamation is: the use of offensive, insulting and abusive words, the content of which degrades the person and causes him to be slandered and criticized by attributing a defect to him without any legitimate justification for that. Therefore, the crime of defamation in the UAE law is based on two elements:

The first element is the material element: it includes insulting a person in a way that insults his honor in any way, without including any direct and clear accusation or attribution.

The second element is the moral element: it is represented by the criminal intent to achieve insult and harm to the victim, and in all cases, defamation is a deliberate crime based on knowledge and will.

As for slander in the UAE law, it is:

Attributing any actions to other persons that, if true, would result in the imposition of penalties on the victim due to the existence of a legally prescribed penalty or that this defamation would cause the reputation of the victim to be distorted among people and be despised by them.

Slander is one of the forms of defamation based on false accusation to achieve a specific goal, which is to harm a person’s reputation and slander him with false news. Slander is by claiming incorrect facts motivated by hatred and malice.

The act of slander is not achieved unless there are conditions for relying on the incident, as this incident must be specified in detail and lead to harm, whether it is punishment or contempt. Slander is adopted as a crime if two elements are met, which are:

The first element is the material element: It is achieved by three elements, which are the realization of the criminal act with the attribution of the accusation, the accusation that leads to the realization of direct harm, and also the nature of the activity of this crime, which is that it is public and occurred in the sight and hearing of people.

The moral element: The act is motivated by intent, so it is one of the intentional crimes, and its moral element is based on criminal intent and the true will to cause harm.

Now, what is the penalty for insult and slander in the UAE:

Some people may say words that represent insult and slander in a rude, immoral and impolite manner with the intention of mocking or joking, insulting the person’s reputation, dignity and individuality.

This leads to the degradation of this person’s status and reputation, as despite the difference in the meanings of insult and slander from one person to another, they have the same content that leads to the degradation of the person’s social status. Accordingly, the Penal Code was approved for the crime of insult and slander as crimes that affect the reputation of the person it represents, and the penalties are as follows:

– A maximum of two years’ imprisonment or a fine not exceeding 20 thousand dirhams, for anyone who attributes to him an incident that makes him subject to punishment, contempt, or ridicule.

– A maximum of two years’ imprisonment if the slander is against a public employee or a person charged with public service, and if the slander is by way of defamation.

– A maximum of one year’s imprisonment and a fine not exceeding 20 thousand dirhams for anyone who accuses another of something that leads to violating the boundaries of honor and scratching it.

– The penalty shall be increased to two years at most and a fine of 20,000 and not more than 50,000 dirhams if the insult is directed at a public employee charged with a public service or harms the reputation or honor of a particular family.

– If the insult is committed by phone or in front of the victim, the penalty shall be imprisonment for a maximum of six months, or a fine of no more than 5,000 dirhams according to the UAE’s defamation and slander law.

– If the insult and slander is committed in the presence of the victim without the presence of anyone else or by sending a text or written message to him, the law punishes him with a fine of no more than 5,000 dirhams.

– As for the penalty for insult and slander on social media, it shall be according to the Anti-Rumors and Cybercrimes Law by using an information means, such as social media, to achieve a specific purpose, which is to harm the victim’s honor, reputation, and social status.

– Anyone who insults another person or attributes something to him that makes him subject to punishment, and abuses and belittles the status and value of others using the information network, the penalty is imprisonment and payment of a fine ranging from 250 thousand dirhams to 500 thousand dirhams or one of the two penalties.

How to file a case of insult and slander in the Emirates?

When you are exposed to a situation that you feel has diminished your status and position in front of others, or you are exposed to an offensive, offensive and immoral word, you have the full right to file a lawsuit against the person who assaulted you, and to file a lawsuit of insult and slander, the elements of the lawsuit of insult and slander must be met, which are as follows:

– The Defamation: The defamation and slander are announced in the hearing and sight of others

– Attribution: Attaching a specific incident to the victim

– The incident: The incident is clear and unambiguous

After that, the lawsuit procedures are initiated by appointing an expert lawyer who is familiar with how to plead to win defamation and slander cases and recover rights, and this is what we provide at MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE”, where our experts are always able to support their clients and recover rights in the shortest possible time.

Therefore, when you are exposed to a situation involving defamation and slander, you have two options, which are the first step:

First: File a complaint with the local police.

Second: File a complaint with the Public Prosecution.

Second step: File a lawsuit in the specialized criminal court by adhering to these steps, with the submission of all the required data in the claim form, including the data of the parties to the lawsuit with the facts of the crime, the signature, and the date of the claim.

Third step: Prove and attach all the evidence and proof that can be submitted to the court that proves the facts of the defamation and slander, with the attachment of your demands.

Step Four: Submit the petition in person or by hiring a legal representative to represent you in submitting the petition. You can have absolute confidence in recovering your full rights through the office of Attorney MR Ahmed Humid Al Balooshi Law Firm – AHA LEGAL OFFICE”. Click and contact us now for any legal inquiries!

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