Dubai: Received a faulty product? Or received terrible service at an outlet? While posting a negative online review of a bad experience is reasonable, always make sure that your comments are not offensive, unsubstantiated or personal.
The UAE’s criminal and civil laws protect both consumers and companies against any hateful or damaging speech, and online content that violates these laws can be prosecuted. Gulf News spoke with legal experts to find out what the laws state about negative reviews, when a bad review can be deemed defamatory and what people should keep in mind when posting online.
What the UAE’s laws state
Shehab Abdelrehem, a legal consultant with Hussain Lootah Law and Associates, spoke about the laws that come into play when it comes to any online content.
“UAE’s laws, including the Cybercrime Law and the Penal Code, stipulate certain rules for online content. It is crucial to ensure that reviews do not include false information, insults, or any defamatory content that could harm the reputation of individuals or businesses,” he said.
He specifically referred to Articles 43 and 52 of Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes, which penalise defamation and slander and the spread of rumours and false news.
Customers can share their experiences on social media; however, they must adhere to legal boundaries. Posts should be factual and avoid any language that could be construed as defamatory or insulting. Care should be taken to ensure that comments do not harm the reputation of companies or individuals.
Whoever uses an information network, Information Technology Equipment (ITE), or an information system and insults another or attributes a quality to him that would make that person subject to punishment or contempt by third parties shall be punished with imprisonment and/or a fine of not less than Dh250,000 or more than Dh500,000.
In the event that any of the offences abovementioned in Para. (I) of this Article is committed against a public official or a person entrusted with a public service during or because of performance of his work, that shall be deemed an aggravating circumstance of the crime.
1. Whoever uses the information network or any ITE to announce, disseminate, re-disseminate, circulate, or recirculate false news or data, or false, tendentious, misleading or erroneous rumours or reports, or rumours or reports contrary to what has been announced officially, or broadcasts any provocative advertisements that would incite or provoke the public opinion, disturb the public peace, spread terror among people, or cause harm to the public interest, the national economy, the public order, or the public health shall be punished with imprisonment for at least one year and a fine of not less than Dh100,000.
2. If any of the acts abovementioned in Clause (1) of this Article results in incitement and provocation of the public opinion against any of the UAE’s authorities or entities, or is committed during epidemics, crises, emergencies or disasters, the penalty shall be imprisonment for at least two years and a fine of not less than Dh200,000.
Reda Hegazy, partner at Al Suwaidi and company, added: “This decree-law does not prohibit you from expressing your opinion and sharing your experience through your dealings with a company, but on the condition that this does not exceed the legal limits and that there is no intentional harm to the company you are dealing with, or the person you are dealing with. Otherwise, the penalty stipulated in Article 44/3 of the decree-law shall apply, which states, ‘Whoever uses an information network, an Information System, or any ITE with the intention of invading the privacy or sanctity of private or familial life of someone without his consent in cases other than those authorised by law through committing any of the following actions shall be punished with imprisonment for at least six months and/ or a fine of not less than Dh150,000 or more than Dh500,000: Publishing news, electronic photos, images, scenes, comments, data or information, even if it is true and genuine, with intention of harming the person.’”
This decree-law does not prohibit you from expressing your opinion and sharing your experience through your dealings with a company, but on the condition that this does not exceed the legal limits and that there is no intentional harm to the company you are dealing with, or the person you are dealing with.
What if I have a bad experience that I want to review?
“Customers can share their experiences on social media; however, they must adhere to legal boundaries. Posts should be factual and avoid any language that could be construed as defamatory or insulting. Care should be taken to ensure that comments do not harm the reputation of companies or individuals,” Abdelrehem said.
Hegazy, too, advised online users to practice objectivity and fairness when sharing their bad experiences.
“Their comments must be characterised by objectivity and focus on the purpose of providing advice to correct some mistakes that occurred with them, and their comments should be more like a survey than an attack, and should include advice on what they see to correct these mistakes and avoid repeating them again, and should not exceed or exaggerate the criticism to the point of offence and damage that harms the reputation,” he said.
“It should be noted that the freedom of a person to express their opinion has limits, which is not to harm others. Especially since the use of social media and the internet has become dangerous and has a very large impact due to the speed of its spread and its effectiveness. Therefore, every person must be careful in its use. The civil liability for the act of defamation and harm to reputation arises from the harmful act and the intention to harm the reputation, regardless of whether the customer’s act is criminally punishable or not. UAE Civil Law stipulates that any act that causes harm to others obligates the perpetrator to compensation,” he added.
When does a review become defamatory?
“A review crosses into defamation when it includes false statements, exaggerations, or insults that damage the reputation of the company or individuals. According to UAE law, defamation can lead to severe penalties, including fines and imprisonment,” Abdelrehem said.
Writing a bad review? Follow these guidelines
While you can share a negative review of your experience with a product or service, you should make sure you follow these best practices:
• Be honest and factual.
• Avoid exaggeration and offensive language.
• Refrain from making unsubstantiated claims.
• Respect privacy and confidentiality agreements.
• Ensure that reviews do not insult or damage the reputation of companies or individuals.
