Think twice before you tweet, blog or post a comment on a blog

By
Emiratweet
 – February 2, 2011
Think twice before you tweet, blog or post a comment on a blog here in the UAE. If construed to be defamatory you are liable to face criminal charges if the aggrieved party seeks legal remedy, according to legal experts in the country.
In the UAE, defamation is a criminal offence and is provided for in the penal code, although civil remedies are also available for which damages may be awarded. Whilst the penal code does not specifically address social networking sites or blogs, or even refers to the Internet, publication in a newspaper is referred to as an aggravating circumstance. On the basis of previous defamation cases relating to Internet publications, it is very likely that publication on a blog or a social networking site would be considered akin to publication in a newspaper,? Sapna Jhangiani, Senior Associate, Middle East Dispute Resolution Group, Clyde & Co, told Emirates 24|7.
To be on the same page The definition of defamatory in the UAE penal code covers a false accusation, which would dishonour or discredit an individual, or the imputation of an incident exposing an individual to public hatred or contempt. (defamation suits have been pursued by both individuals and companies.)
“Under DIFC and QFC employment law, an employer may be held vicariously liable for the actions of its employees, for example bullying or harassing a colleague by comments made on Facebook or Twitter,” Clyde & Co said in recent report.
Besides an individual, an employer can also be held liable for actions of his/her employee on social networking sites, under the Dubai International Financial Centre (DIFC) and Qatar Financial Centre (QFC) employment law. In the UAE a statement is defamatory under articles 371 to 373 of the UAE Penal Code, if it is an accusation which dishonours or discredits the person in the mind of the public generally and it has been made publicly.? A fine of AED 20,000 and imprisonment of up to 2 years may be imposed. Furthermore under the Penal Code, it is a criminal offence to publish information relating to a person?s private and family life, including photos, pictures and comments without their consent. Under the Copyright Law, copyright infringement is punishable by imprisonment of four months (and a fine of AED 10,000-50,000) which double both on subsequent infringements, and the term of imprisonment may rise to 6 months if the same offence is recommitted (with the fine being a minimum of AED 50,000). ‘Fair use’ is permitted under the Copyright Law meaning the ?quotation of short paragraphs, derivation or reasonable analysis of work for the purposes of criticism, discussion or information? provided the source and author are mentioned. The Copyright Law permits the publication of a photo if it is of a famous person and was taken on a public occasion. It is also a criminal offence in the UAE under Law No 15 of 1980 regarding printed matter and publishing, to publish confidential information damaging to a reputation of a person, his wealth and commercial name. The Cybercrimes law (law no 2 of 2006) prohibits publication of news or pictures which offend public manners, are contrary to Islamic principles or which violate an individual?s private or family life. Bottom line: Think twice before you tweet, blog or post a comment on a blog here in the UAE.