Writing Negative Review on Google/Social Media Could Lead to Legal Consequences

In the UAE, expressing candid critiques or negative reviews online can lead to legal battles and hefty fines, as businesses become increasingly vigilant in safeguarding their reputations.

Last year, for example, a woman in Dubai was found guilty of defamation for an Instagram post that "damaged a hospital's reputation".

She had posted a video clip calling it the "worst hospital" and alleging that the doctors were incompetent. A case was filed under the cybercrime law, and she was fined and instructed to delete the video.

Similarly, in May 2020, the Public Prosecution convicted a woman for defamatory remarks about a medical centre on Google and Instagram.

She criticised the centre for providing "the worst service you can imagine" and alleged that positive reviews on its social media platforms were fake.

The court fined her Dh5,000, confiscated her phone, and closed all her social media accounts. On appeal, the court upheld the charge, deeming the phrases used a crime of defamation.

Digital Libel

In the age of social media, feedback has a much broader reach than traditional word of mouth, presenting new challenges. Reviews are no longer private, and the risk of reputational damage by dissatisfied customers is higher.

Digital libel is considered more harmful due to its enduring nature, as it can be archived, made more engaging through real-time interactions like live streams, podcasts and video recordings, shared to a global audience, made viral, posted anonymously and accessed indefinitely.

Can Businesses Sue Someone for Writing a Negative Review?

Yes, if the review is insulting, exaggerated, malicious, misleading, incorrect, or advises others not to patronise the business, the provisions of the penal code and cybercrime law will apply.

A company can file both criminal and civil cases to demand the restoration of its reputation and compensation.
Under Federal Law No 34 of 2021, defamatory statements made online can lead to criminal charges, and civil lawsuits for damages can also be pursued simultaneously.

Constructive criticism or opinions based on genuine experiences generally do not constitute defamation as long as they are not insulting or made with malicious intent. However, even factual statements that lead to reputational damage can be considered defamatory.

A negative review expresses dissatisfaction with a product, service, or business based on the reviewer's honest and factual experience, aiming to provide constructive feedback without making false statements.

In contrast, a defamatory review contains false statements and goes beyond mere opinion or criticism, which can lead to legal consequences.

Defamation Law

Any person who publicly defames another by alleging a fact could face a jail sentence of up to two years or a fine not exceeding Dh20,000.

Under Article 425 of the Penal Code, this offence is considered a criminal act, aiming to protect individuals from accusations or statements that may harm their reputation or subject them to legal consequences.

If defamation is committed through publishing in a newspaper or other publication, it is considered an aggravating circumstance, resulting in more severe punishment. Article 426 deals with public insults that injure another person’s honour or dignity without imputing a specific fact.

Unlike defamation (Article 425), which involves claiming a specific defamatory fact that could result in punishment or contempt, Article 426 focuses on general offensive remarks or name-calling that degrade someone's honour or dignity without making specific allegations.

Under Article 428 of the UAE Penal Code, defamation is not a crime if the perpetrator can prove the incident attributed to the victim, specifically involving public officials or persons assigned to public service.

Thus, simply proving the truth is not sufficient unless it is related to the conduct of a public official in their official capacity.

Cybercrime Law

Under the UAE cybercrime law, the dissemination of false information is strictly prohibited and carries severe penalties.

It targets modern platforms used to spread, publish, republish, circulate or recirculate fake news or data, or false, malicious, misleading, or incorrect reports or rumours that contravene officially announced news.

This law aims to protect public health, public peace and combat the spread of false information and rumours that can have detrimental effects on society and public order. Violators may face imprisonment for at least one year, along with a fine of not less than Dh100,000.

The penalty increases to two years in jail and a minimum fine of Dh200,000 if the crime is committed during pandemics, emergencies, and crises.

Since the law specifically targets false and misleading information, a key defence is demonstrating that the information shared is true and not intended to mislead or provoke, to avoid penalties.

The law also aims to protect individuals from defamation and harmful statements made through digital means. It states that anyone who insults another person or attributes to them an event that may subject them to punishment or contempt by others shall be subject to detention and/or a fine.

The minimum fine is set at Dh250,000, while the maximum fine is Dh500,000.

Consumer Protection Law

If a consumer has a bad experience, they can exercise their rights under Federal Law No 15 of 2020 on Consumer Protection.

This law ensures that consumers are protected and entitled to fair treatment, accurate information and compensation for damage caused by defective products or poor services, holding businesses accountable for their actions.

Pursuing compensation under this law is more beneficial than seeking vengeance through reviews, as it provides a legal avenue to address grievances and obtain fair remedies for any harm suffered.