Can online comments be considered crime in UAE? Woman fined AED 30,000 for offensive messages

TL;DR

• In the UAE, online insults and defamation are criminal offences, not just civil matters.
  
• Social media comments are treated like published content, with serious legal consequences.
  
• A woman was fined Dh30,000 for insulting another via messages and comments.
  
• Even private messages and “casual” language can lead to jail, fines, or deportation.

The UAE has seen a rise in high-profile defamation cases, many of which stem from social media misconduct. For newcomers, it's crucial to understand that casual insults, profanities, or offhand comments, commonplace elsewhere, can lead to serious legal consequences here. According to UAE law, derogatory or defamatory remarks made online are treated with the same weight as printed content in newspapers or books. In fact, penalties may be even harsher due to social media’s instant reach, permanence, and viral potential. What may seem like a spontaneous post or message can quickly become a criminal offence in the eyes of the law.
Social Media Insults Result in Court-Ordered Compensation
In a significant judgment underscoring the UAE’s strict stance on digital misconduct and cyber defamation, the Abu Dhabi Court for Family, Civil, and Administrative Cases has ordered a woman to pay Dh30,000 in compensation for sending insulting and offensive messages via social media to another woman.

The case arose when the plaintiff filed a civil lawsuit claiming that the defendant insulted and cursed her through written comments on her photos and videos, as well as through private messages on a social media platform. A criminal case was initiated and resulted in a conviction against the defendant. Following this, the plaintiff filed a civil claim seeking Dh150,000 in compensation for the emotional, moral, and material damages she said were caused by the insults.

In addition to awarding compensation, the court also ordered the defendant to bear all legal costs and expenses associated with the case.

Legal Grounds and UAE's Strict Cyber Defamation Framework
This case is grounded in multiple layers of UAE law, particularly criminal defamation statutes and cybercrime regulations, which treat digital insults and abuse with the same, and often greater, severity as traditional forms of defamation such as those found in newspapers or books.

This is largely due to the instantaneous, borderless, and viral nature of social media platforms. Unlike traditional media, where defamatory content circulates within a limited audience and timeline, content posted online can spread rapidly, reach a global audience within seconds, and remain permanently accessible unless removed. This amplifies the potential for reputational harm, emotional distress, and social consequences for the victim.

Relevant provisions include:

• UAE Federal Law No. 3 of 1987 (Penal Code), Articles 371–380, which cover criminal defamation.
  
  
• Federal Decree-Law No. 5 of 2012 on Cybercrime, amended by Law No. 34 of 2021, which governs electronic insults and abuse.
  
  
• Specifically, Article 20 criminalizes the act of insulting or defaming others using information technology, including computer networks, websites, SMS, emails, and social media platforms.
  
  

Under these laws:

• Verbal or written abuse online is considered a criminal offence, not just a civil dispute.
  
  
• Penalties may include jail time, fines ranging from AED 25,000 to AED 500,000, and deportation for non-citizens.
  
  
• Defamation that targets religion, family honour, or public officials attracts even more severe consequences.
  
  

Notably, the UAE courts have clarified that social media posts, comments, direct messages, and even emojis or symbols, if offensive, can fall under the scope of electronic defamation. Additionally, group administrators and employers may also bear liability if they fail to act upon discovering abusive content posted on their platforms or infrastructure.

Court's Ruling and Assessment of Damages
In its decision, the court emphasized that the assessment of damage, determination of causality, and the link between the act and harm lie within the court’s discretionary authority, provided its conclusions are grounded in the evidence and the law.

The court confirmed, based on the criminal case file, that the defendant had used profane and abusive language against the plaintiff through a digital communication platform. This was supported by documentation submitted to the criminal court, which formed the basis for the civil proceedings.

The ruling distinguished between moral damage and material damage:

• Moral damage, the court stated, refers to non-financial harm, such as emotional distress, injury to dignity, damage to personal reputation, and violation of individual rights. The plaintiff successfully demonstrated this.
  
  
• Material damage, on the other hand, involves actual financial or economic loss, such as loss of income or business opportunity. The court noted that no clear evidence was presented to prove such material loss.
  
  

While the plaintiff had claimed Dh150,000, the court ruled that only Dh30,000 was warranted for moral damage, based on the severity of the offence and the impact on the plaintiff.

Importantly, the court clarified that compensation for future material damages may be granted, but only if such harm is proven to have occurred and can be directly linked to the wrongful act. In this case, no future loss had been proven or sufficiently demonstrated in the documents submitted. As such, that portion of the claim was dismissed.

Legal and Social Takeaways

This ruling serves as a cautionary precedent and a stark reminder of the legal consequences of online misconduct in the UAE.

1. Defamation is a Criminal Offence in the UAE

• Unlike many other countries where defamation is a civil matter, in the UAE it falls under criminal law.
  
  
• Victims can first file a criminal complaint, and if successful, proceed with a civil compensation case.
  
  

2. Social Media Posts Are Treated as Public Communication

• Posts, comments, DMs, and even emojis on social platforms are not protected by informality.
  
  
• Courts view such communications as published content, especially when they reach a third party.
  
  

3. Compensation Is Based on Proven Harm

• Moral damages (emotional suffering, harm to reputation) are compensable if demonstrated.
  
  
• Material damages (financial loss) must be proven with clear documentation.
  
  
• Future damages may be compensated, but only if they are likely, direct, and evidenced.
  
  

4. Employers and Group Admins Must Be Vigilant

• If the abuse is conducted using office networks, or in groups under their control, employers and admins may also be implicated.

FAQs:

Q. Is swearing on social media illegal in the UAE?
Yes. Even a single offensive word online can be treated as a criminal offence under UAE cybercrime law.

Q. Can private messages be used in a defamation case?
Yes. Insults or abuse sent via DMs, WhatsApp, or SMS can be used as evidence in court.

Q. What is the penalty for online insults in the UAE?
Penalties range from Dh25,000 to Dh500,000 in fines, jail time, and possible deportation for foreigners.

Q. Can I be sued for posting a rude comment under someone’s photo?
Absolutely. Public comments, even sarcastic or emotional ones, can be considered libel if they harm someone’s dignity.

Q. What should I do if someone insults me online in the UAE?
You can file a complaint at a local police station or through the Dubai Police app or website within 3 months of the incident.