Defamation Under UAE Law

Defamation under UAE law refers to any statement or communication that unlawfully harms another person's honour, dignity, or reputation. The concept extends far beyond traditional media or public scandals. In professional settings, defamation may arise from routine workplace activity, including internal correspondence, managerial assessments, reporting processes, and informal exchanges. UAE law treats defamation as a criminal offence rather than a civil wrong, such that a single communication may trigger criminal liability.

Core Elements of Defamation

Before a statement is legally classified as libel or slander under UAE law, the statutory elements of the offence must be satisfied. The starting point is the existence of a statement or communication capable of conveying meaning. Written text, spoken words, audio or video recordings, images, and digital content all fall within scope. The requirement is met once the communication is made available to at least one other person, including through email, WhatsApp, internal company platforms, or social media. The legislature's use of the expression “by any means of publicity” confirms a technology-neutral approach that captures both traditional and electronic communications.

Second, the statement must be attributable to an identifiable individual. The person does not need to be named directly; it is enough if a reasonable person can determine who is being referred to base on the context, description, or surrounding circumstances.

The third element is harm to honour, dignity, or reputation. Financial damage is not required. What matters is whether the communication negatively affects how others perceive the person or impacts their dignity or standing. Once these three elements are present, the conduct may meet the threshold for defamation under UAE law.

Legal Framework

Defamation in the UAE is primarily governed by two key laws. The first is Federal Decree Law No. 31 of 2021 on Crimes and Penalties (“The Crime and Penalties Law”), which regulates libel and slander through traditional and direct forms of communication. The Crime and Penalties Law distinguish libel from slander based on the substance of the allegation, rather than the form (written vs. spoken). Article 425 of the Crimes and Penalties Law defines libel as the attribution, through any means of publicity, of a specific incident to another person that would render him liable to punishment or expose him to public hatred or contempt. A “specific incident” refers to the assertion of a concrete, identifiable act or course of conduct presented as a fact, such as an allegation of theft, fraud, bribery, harassment, or other unlawful or immoral behaviour. The incident need not be described with technical precision, but it must be sufficiently definite to convey that the person committed a particular wrongdoing, capable of being proven true or false.

Article 426, by contrast, criminalises slander where a person violates another's honour or dignity without attributing any incident, again through any means of publicity. Slander therefore captures expressions that consist of pure insult or abuse, such as derogatory labels, degrading characterisations, or contemptuous language, where no concrete act is alleged. Accordingly, the Crimes and Penalties Law conceptualise libel as an accusatory offence based on a concrete factual allegation, while slander constitutes an abusive offence consisting of insulting or degrading expressions devoid of factual attribution.

This approach departs from the traditional common-law model prevalent in many Western jurisdictions, where the primary distinction is formal, with libel referring to written or published defamation and slander to spoken defamation. The UAE legal framework thus adopts a substance-based classification, focusing on whether a factual incident is alleged, rather than on whether the statement is written or oral.

The second major law is Federal Decree Law No. 34 of 2021on Combating Rumours and Cybercrimes (“The Cybercrimes Law”). This applies to defamation carried out through digital channels, including social media, messaging platforms, and online publications. Penalties under this law are significantly higher, reflecting the heightened risk associated with digital dissemination.

Means of Publication and Communication

UAE law recognises multiple forms of defamation, and importantly, it draws no distinction between private and public communication when determining liability. Direct or verbal defamation occurs when statements are made in person, by telephone, or through private letters or messages. On the other hand, public or electronic defamation covers content shared through newspapers, print media, social platforms, online publications, broadcasts, or websites. In practice, everyday tools such as emails, WhatsApp messages, internal communication systems, and group chats constitute publication the moment they reach even a single third party.

Defamation and Related Criminal Exposure: Hidden Risks in Workplace Communication

Under UAE law, defamation rarely operates in isolation. The Crimes and Penalties Law protect reputation, privacy, dignity, and confidentiality as parallel legal interests, meaning that a single communication may trigger several offences at once. As a result, defamatory statements often sit at the centre of a wider cluster of criminal exposure.

Article 431 of the Crimes and Penalties Law which criminalises the violation of private or family life, becomes relevant where a defamatory statement discloses personal information, including forwarding private messages without consent, or inclusion of images or recordings. While the defamatory content gives rise to reputational harm, the act of recording, capturing, or circulating private material without authorisation constitutes a separate privacy offence.

Article 432 of the Crimes and Penalties Law, concerning the disclosure of professional secrets, is frequently engaged in workplace defamation scenarios. Accusations often rely on internal documents, HR records, investigation materials, or commercially sensitive information. Where such material is shared outside authorised channels, separate liability may arise for unlawful disclosure, in addition to defamation.

When defamatory material is transmitted electronically, the Cybercrimes Law may also apply. Emails, messaging platforms, and social media posts used to disseminate harmful statements can therefore engage both defamation provisions under the Crimes and Penalties Law and the Cybercrime Law. 

A defining feature of the UAE legal framework is that multiple offences may arise from a single act. An email accusing a colleague of misconduct, for example, may harm reputation (defamation), include private screenshots (privacy violation), attach internal documents (breach of professional secrecy), and be sent through a digital platform (cybercrime exposure). The offences do not merge; they apply concurrently.

What Courts Look At

When assessing defamation cases, UAE courts focus on clarity, context, and the identifiable impact of the communication. They examine whether the person targeted is identifiable. Their evaluation is not limited to the words used but extends to how those words would be understood by a reasonable person. Judges closely examine the phrasing and tone of the statement as minor variations in wording can change the legal character of the communication, particularly when distinguishing between a factual allegation and an insult. Thus, the UAE courts prioritise the effect of the statement over the speaker's intent.

Defences are limited and applied narrowly. Contrary to the common belief “truth as a defence” does not hold broadly in the UAE; truth is relevant only in limited cases involving public officials where the statements are directly connected to their duties. Some communications are protected by law, for instance, statements made in court when necessary for legal defence, or good faith complaints submitted to judicial or administrative authorities regarding potentially unlawful conduct. In workplace environments, courts expect concerns to be raised through formal internal channels. Informal remarks, emotional messages, or public disclosures are viewed unfavourably, especially when alternative reporting mechanisms exist. The law applies equally to UAE nationals, expatriates, and visitors, regardless of cultural background or intent, reflecting the country's firm stance on protecting personal dignity.

Why Digital Defamation Is Treated More Harshly

Digital communication is viewed as significantly more serious because of its inherent characteristics as content shared online, becomes instantly distributable, permanently stored, and extremely difficult to retract. A single post, message, screenshot, or comment can reach large and unintended audiences within seconds. The courts recognise this risk and therefore impose heavier penalties for online defamation compared with traditional forms of communication. 

Consequences of Defamation

The penalties for defamation in the UAE can be severe. Traditional forms of libel can result in imprisonment of up to two years or a fine of up to AED 20,000, while slander can lead to up to one year of imprisonment or a similar fine. Aggravated cases of libel and slander can raise penalties to up to two years' imprisonment and fines as high as AED 50,000. Even telephone statements or in person remarks made in front of others may lead to fines or short imprisonment, and private letters or messages may result in penalties of up to AED 5,000. When defamation occurs online, the consequences may escalate dramatically, with fines ranging between AED 250,000 and AED 500,000, in addition to possible imprisonment. Cases typically begin with police reports supported by screenshots, message logs, or recordings, which UAE authorities treat as admissible evidence. Telephone statements or in person remarks made in front of others may lead to fines or short imprisonment, and private letters or messages may still result in penalties of up to AED 5,000. 

Conclusion

Everyday communication in professional environments carries legal consequences in the UAE. This requires individuals to approach all forms of messaging with accuracy, restraint, and verification. Organisations, too, must invest in policies, training, and oversight that promote compliant communication practices. In a country where reputation, dignity, and social harmony are deeply valued, caution in communication is more than good practice, it is a legal necessity. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.