DEFAMATION – LEGAL POSITION IN UAE The social media has brought many advantages with it as far as communication is concerned but it too has its own woes. The recent years have seen an increase in defamation cases, most of them emanating from the improper use of the social media tools. Unlike before where cases of defamation were mostly associated with newspapers and magazines, the increase in avenues of communication and offering opinions have created the rise in instances of defamation. Facebook, Linkedln and Twitter amongst others are some of the social media avenues that have contributed to this increase and consequently the number of legal complications. NITTY-GRITTY OF DEFAMATION In UAE, defamation is considered a criminal offense with the perpetrator being liable to either a fine or imprisonment. It is defined as any statement made either orally, through writing or posting to any websites, that has a potential of being injurious to the person it is aimed at. According to the law, defamation complaints have to be forwarded to the police within three months after the publication for them to be actionable. If there is conclusive evidence of a crime, the case is referred to the Public Prosecutor. The wronged party can also file a suit under the law of tort for compensation as long as the case is adequately proven. The law also covers any injurious language used against any religion with a stiff penalty of seven years imprisonment. PROVING DEFAMATION IN COURT The law categorizes defamation into two as outlined in Articles 372 and 373 which refers to defamation which renders the victim vulnerable to public embarrassment and also which puts him or her into disrepute in the public court respectively. The burden of proof in this case is with the public prosecutor who must prove that a defaming statement was made to or against a third party in any of the ways outlined earlier on and that such a statement was injurious to the complainant. These three elements have to be proven without which the case is not likely to go through. In reaching the harsh judgment against the perpetrators of defamation, the court considers the likely effect such a defamatory statement would have on the victim. In some instances criticism can too be considered defamatory if met out in limits that are beyond what is acceptable and if it is injurious to the victim. The punishment is more severe if the circumstances are considered more aggravating if for instance the defamatory statement is printed or posted in the social media.
Posted on: Wed, 23 Jul 2014 06:16:44 +0000
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