Negative Online Reviews in the UAE: When Can Genuine Consumer Feedback Cross the Line Into Defamation?

In the UAE, consumers and social media users can share negative experiences about products and services, but there are legal limits on how such criticism is expressed.

 

A review can become a legal issue when it moves beyond an assessment of a product, service or customer experience and turns into a personal attack, defamatory allegation or unverified accusation against an individual or business.

 

The key distinction is generally between genuine, fact-based consumer feedback and statements that unlawfully damage another person’s honour, dignity or reputation.

 

A customer who says that a restaurant’s service was slow, the food was poor or the price was too high is generally commenting on the service received. However, accusing the owner of fraud, dishonesty or criminal conduct without evidence can create a very different legal position.

 

When Does a Review Cross the Line?

 

The nature, content and manner of a publication are important in determining whether a review amounts to legitimate criticism or potentially unlawful defamation.

 

Legitimate feedback should generally relate to the actual product or service and be based on a genuine experience. Comments should be factual where they present facts, and opinions should not be presented as established facts when they cannot be substantiated.

 

Problems can arise when a review:

 

• Makes false or misleading allegations against a person or business
• Accuses someone of fraud or other wrongdoing without evidence
• Attacks an individual's honour, dignity or moral character
• Makes personal comments unrelated to the product or service
• Publishes allegations that cannot be supported by evidence
• Uses social media to deliberately damage someone's reputation

The distinction is particularly important for influencers, who can reach large audiences through videos, posts and reviews.

 

Earlier this month, an influencer was penalised Dh81,000 after the Abu Dhabi Judicial Department found that a video posted about a well-known restaurant amounted to defamation rather than legitimate criticism.

 

The criminal court imposed a Dh30,000 fine, ordered the removal of the video and confiscated the mobile phone used to record and publish the content. The defendant was also ordered to pay Dh51,000 in temporary civil compensation.

 

The case illustrates that the legal consequences of an allegedly defamatory publication can extend beyond a criminal fine.

 

Criminal and Civil Consequences

 

Defamation-related conduct can potentially result in both criminal and civil consequences. A criminal fine is a punishment imposed by the court for an offence and is payable to the State. Civil compensation, by contrast, is intended to address the damage suffered by the person or entity affected by the publication.

 

Depending on the circumstances and the applicable provisions, additional consequences can include imprisonment, confiscation of devices used in committing the offence and, in certain cases involving expatriates, deportation.

 

The UAE’s cybercrime legislation also provides penalties for certain forms of online defamation and insults. Offences committed through digital platforms can therefore carry significant consequences, particularly where content is published publicly and reaches a large audience.

 

What About Social Media Reviews?

 

The risks can be greater when criticism is published on social media because a post, video or comment can be rapidly shared with a large audience.

 

A consumer does not necessarily lose the right to criticise a business simply because the criticism is negative. However, the language used, the factual basis for the allegation and the identity of the person being targeted can all be relevant.

 

For example, statements such as “the service was slow”, “the food did not meet my expectations” or “I found the product overpriced” are generally expressions of a customer's experience or opinion.

 

By contrast, describing a business as a “scam” or accusing its owner of fraud, dishonesty or other criminal behaviour without supporting evidence could expose the person making the statement to legal action.

 

How Can Consumers and Influencers Stay on the Safe Side?

 

A practical approach is to keep a review focused on the service or product rather than the individual behind the business.

 

Consumers and influencers should:

 

• Describe what they personally experienced
• Distinguish opinions from factual allegations
• Ensure factual claims can be supported with evidence
• Avoid personal insults or attacks on character
• Avoid making accusations of criminal conduct without proof
• Keep comments relevant to the product or service
• Avoid publishing private or unrelated personal information

Records such as receipts, bookings, correspondence, photographs or videos may also help establish the factual basis of a genuine consumer complaint where appropriate.

 

Freedom of Expression Has Limits

 

The UAE recognises freedom of expression, but that freedom is subject to legal restrictions designed to protect the reputation, dignity and rights of others.

 

A negative review is therefore not automatically unlawful simply because it is critical or damaging to a business's reputation. The circumstances surrounding the publication matter.

 

The safest approach is to criticise the experience, not the person; state facts that can be proved; and avoid allegations that go beyond what the evidence establishes.

 

For consumers and influencers, the message is straightforward: a poor review is not necessarily defamation, but a review can cross the legal line when criticism becomes a personal attack or an unsupported allegation capable of harming another person's reputation.