Dubai, with its prosperous business environment and diverse population, is no stranger to legal disputes, including defamation cases. Defamation can damage an individual's or a company's reputation, and if you find yourself in such a situation, seeking the right defamation lawyer is important. The UAE legislation categorizes a range of actions related to defamation and which is primarily governed by the Federal Decree-Law No. 31 of 2021, known as the Penal Code, and Federal Decree-Law No. 34 of 2021, which relates to cybercrimes.
Defamation under the Penal Code
Defamation involves publicly attributing a fact to an individual that may subject them to punishment or contempt. Penalties can include imprisonment for up to two years or a fine not exceeding AED 20,000. If the victim is a public official or someone in public service, the penalties can be significantly higher, especially if defamation is committed during the fulfilment of their duties or with an illegal intent.
Insult includes insulting another person's honour or dignity publicly. Those found guilty of this offense may face imprisonment for up to one year or a fine not exceeding AED 20,000. The penalties can escalate if the insult targets a public official or someone in public service during their duty or with malicious intent.
Invasion of Privacy and Disclosure of Secrets violations are taken seriously in the UAE. Activities like eavesdropping, recording private conversations, capturing unauthorized images, or disclosing secrets without consent can result in substantial penalties, including imprisonment and fines.
Defamation under the Cybercrimes Law
Electronic Extortion and Threat: Using information networks or technology to extort or threaten others into specific actions or abstentions can lead to detention for up to two years and/or a fine ranging from AED 250,000 to AED 500,000. If the threat includes a demand to perform or withdraw from an act, penalties may escalate to provisional imprisonment for up to ten years.
Insult and Slander: Insulting or attributing incidents to individuals using computer networks or information technology means can result in imprisonment and fines. Penalties for spreading rumours or fake news that damage public opinion or occur during sensitive times can be notably severe, with potential fines ranging from AED 250,000 to AED 500,000 or imprisonment.
Disclosure of Secrets and Privacy Breach: The breach of privacy and the disclosure of secrets through electronic means, including actions like eavesdropping, intercepting, recording, and communicating conversations, can result in detention for a minimum of six months and/or fines ranging from AED 150,000 to AED 500,000.
Given the legal landscape surrounding defamation in the UAE, choosing the right defamation lawyer in Dubai is an essential decision. Here are key considerations:
Expertise and Experience: Ensure the lawyer possesses expertise in UAE defamation laws. Seek a track record of successfully handling defamation cases in Dubai. Research the lawyer's reputation and past defamation cases. Look for client reviews, testimonials, or case results.
Communication and the Legal Team: Effective communication with the lawyer is also very important. The lawyer should clarify your case convincingly and negotiate effectively. Defamation cases often require extensive research and documentation. Confirm the lawyer has a capable legal team.
Strategy and Approach: Discuss the lawyer's strategy for your case. Transparency in their approach is vital. Ensure the lawyer has the necessary resources, including access to investigators and research materials.
Confidentiality and Trust: Confidentiality is integral to the legal profession and is fundamental to the law firm's philosophy. The best defamation lawyer strictly adheres to principles of confidentiality.
In conclusion, selecting the right defamation lawyer in Dubai is paramount to protect your reputation and interests. Given the particulars of defamation laws in the UAE, it's essential to consider expertise, communication, strategy, and confidentiality when making this critical decision.
