Can You Be Prosecuted For Describing Someone As Insulting Or Offensive In A UAE Court Document?

Submitting a court memorandum containing offensive or insulting language can potentially expose an individual to criminal proceedings in the UAE. However, the law also recognises the right of litigants to present their cases and defend their legal interests without automatically facing defamation charges over statements made during judicial proceedings.

 

Article 429 of Federal Decree-Law No. 31 of 2021, promulgating the Crimes and Penalties Law, provides that no crime is committed in respect of libel or slander included in the oral or written defence of litigants before courts or investigating authorities, provided the statements remain within the limits of the right of defence.

 

This protection is particularly relevant in disputes where parties exchange allegations concerning financial responsibilities, personal conduct or family matters. However, it does not give litigants unrestricted freedom to use offensive language or make irrelevant personal attacks in their submissions.

 

In a case where a woman described her former husband as 'very stingy' in a memorandum submitted to court, the question of criminal liability would depend on the circumstances and whether the expression fell within the legitimate scope of her defence.

 

The former husband may approach the authorities and lodge a criminal complaint, but filing a complaint does not establish that an offence has been committed. The court must consider the language used, its context and its connection with the issues being decided.

 

Article 43 of Federal Decree-Law No. 34 of 2021, concerning Countering Rumours and Cybercrimes, also provides for imprisonment and/or a fine ranging from Dh250,000 to Dh500,000 for insulting another person or attributing a quality to them that could expose them to punishment or public contempt through an information network, information technology equipment or an information system.

 

However, the application of this provision requires examination of the manner in which the alleged offence was committed. The electronic submission of a court memorandum does not, by itself, establish criminal liability under the Cybercrime Law.

 

Ultimately, Article 429 provides an important safeguard for litigants exercising their right of defence. Nevertheless, parties should ensure that their court submissions remain focused on relevant facts, legal arguments and issues in dispute, rather than unnecessary personal criticism.