Dubai Court Upholds Conviction for Defaming Nurse in Google Review Under UAE Cybercrimes Law

 

The Dubai Court of Appeals has upheld a conviction against an Arab man found guilty of defaming a nurse in a Google review, affirming penalties under the UAE Cybercrimes Law (Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes).

 

The court confirmed a fine of Dh5,000 (suspended for three years), the confiscation of the defendant’s mobile phone, and the mandatory removal of the defamatory content.

 

Case Background

The complaint originated from a nurse employed at a medical fitness centre in Dubai’s Karama district, who alleged that the defendant had insulted and slandered her in the course of her professional duties. The defendant initially filed a complaint with the clinic and subsequently published a Google review accusing the nurse of lacking competence in drawing blood and alleging she was under the influence of alcohol or drugs while on duty.

 

The review was reported by the nurse’s colleague, prompting an investigation by the Dubai Police cybercrime unit. Digital forensics traced the post to the defendant, who admitted to authoring it.

 

Legal Framework

The appellate court’s ruling was grounded in Article 43 of Federal Decree-Law No. 34 of 2021, which criminalises insults or defamatory statements made through information technology systems, prescribing imprisonment and/or fines ranging from Dh250,000 to Dh500,000.

 

In addition, the judgment reflects the broader scope of the law, as Article 52 of the same decree-law penalises the publication of false or misleading information capable of provoking public opinion or harming the public interest, with a minimum penalty of one year’s imprisonment and a fine not less than Dh100,000.

 

The court also noted that defamation remains punishable under the UAE Penal Code (Federal Decree-Law No. 31 of 2021). Specifically:

 

• Article 425 criminalises the public attribution of a false fact likely to expose a person to punishment or contempt, punishable by up to two years’ imprisonment or a fine of up to Dh20,000.

• Article 426 provides penalties for public insults harming honour or dignity, with up to one year’s imprisonment or a fine not exceeding Dh20,000.

• Article 427 prescribes aggravated penalties where the victim is a public official or the defamation occurs via print or broadcast media.

 

Significance

By upholding the lower court’s decision, the Dubai Court of Appeals reaffirmed that online defamation is prosecuted with the same seriousness as traditional defamation, and that penalties under the Cybercrimes Law extend beyond monetary fines to include content removal and the confiscation of digital devices.