Based on genuine experiences, constructive criticism is usually not considered defamation if it is not insulting or malicious. If honest and factual, negative reviews can provide valuable feedback for businesses. However, reviews that include false statements can lead to legal action for defamation if they cause reputational harm or tangible damage.
Recent Legal Cases
In Dubai, a woman faced significant repercussions for an Instagram post criticizing a hospital, calling it the „worst hospital“ and accusing the doctors of incompetence. This post was deemed defamatory under the UAE’s cybercrime law, leading to a fine and the requirement to remove the video.
Similarly, another case in 2020 involved a woman who posted negative reviews about a medical center on Google and Instagram, alleging poor service and fake positive reviews. She was fined Dh5,000, had her phone confiscated, and her social media accounts closed. Despite appeals, the court upheld the decision, emphasizing that the remarks constituted defamation.
The Power of Online Feedback
Social media and online platforms have amplified the reach of customer feedback. Unlike traditional word of mouth, online reviews can spread rapidly and remain accessible indefinitely. This permanence and broad reach make digital libel particularly harmful, as it can continuously damage a business’s reputation.
Legal Framework in the UAE
Cybercrime Law: The UAE’s cybercrime law strictly prohibits disseminating false information. Violators can face imprisonment of at least one year and fines starting at Dh100,000, with harsher penalties during crises like pandemics. To defend against these charges, one must prove the truthfulness of the information and the absence of malicious intent.
Defamation Law: Publicly defaming someone by alleging false facts can result in up to two years of imprisonment or fines up to Dh20,000. More severe punishments apply if the defamation occurs through media publications. Public insults that harm someone’s honor without specific allegations also attract penalties under Article 426 of the Penal Code.
Consumer Protection Law: Federal Law No. 15 of 2020 ensures consumers in the UAE are entitled to fair treatment, accurate information, and compensation for any damages from defective products or poor services. This law offers a legal path to address grievances, providing a constructive alternative to posting defamatory reviews.
The TME Legal Takeaway
While sharing honest feedback is essential, it must be done responsibly to avoid legal repercussions. Businesses should use reviews to understand customer expectations and enhance their services. Leveraging consumer protection laws can provide a formal and constructive way to address grievances, ensuring fairness and accountability.
