D
Defamation and Insult under the UAE Crimes and Penalties Law: Publicity, Method, and Aggravating Circumstances
The legal framework
Federal Decree-Law No. (31) of 2021 issuing the UAE Crimes and Penalties Law provides specific protection for a person’s honour, reputation, and social standing by criminalizing conduct that attributes damaging allegations to others or uses insulting language in forms that extend beyond a purely private setting. Within this framework, Article (425) and Article (427) regulate two closely connected ideas: the role of publicity (العلانية) in establishing defamation, and the role of the method of communication—such as telephone calls, face-to-face statements in front of others, or messages—in determining the penalty and when the punishment becomes aggravated.
Article (425) — Federal Decree-Law No. (31) of 2021
Under Article (425) of Federal Decree-Law No. (31) of 2021, a person is punishable by imprisonment for up to two years or a fine of up to AED 20,000 if they attribute to another person, by any method of publicity, a fact that would make that person liable to punishment or subject to contempt. This structure shows that the offence focuses on two elements contained in the text itself: first, the attribution of a “fact” (a concrete allegation), and second, that the attribution occurs through a public method that takes the statement beyond a private exchange and exposes the victim’s reputation to the judgment of others.
When the penalty becomes harsher under Article (425)
Article (425) also raises the level of punishment to imprisonment and/or a fine when the defamation is committed in certain circumstances. Under Article (425) of Federal Decree-Law No. (31) of 2021, the offence is aggravated if it is committed against a public official or a person entrusted with a public service during, because of, or in connection with their public duties or service. The same provision treats it as aggravated when the act affects honour, harms the reputation of families, or when it is noted that an unlawful purpose is being pursued. In addition, publication in newspapers or printed materials is expressly treated as an aggravating circumstance under Article (425) of Federal Decree-Law No. (31) of 2021.
Article (427) Federal Decree-Law No. (31) of 2021
While Article (425) concentrates on defamation through publicity, Article (427) of Federal Decree-Law No. (31) of 2021 addresses how the communication channel and the presence of others shape the penalty for defamation or insult. It provides that the offender is punishable by imprisonment for up to six months or a fine of up to AED 5,000 if the defamation or insult occurs by telephone or in the victim’s presence while others are present. This reflects the legal weight the text assigns to situations where the statement is communicated in a way that can immediately spread or be witnessed by third parties.
Lower penalty for a private setting or direct message
Article (427) then distinguishes cases where the statement is more limited in reach. Under Article (427) of Federal Decree-Law No. (31) of 2021, the penalty becomes a fine of up to AED 5,000 if the defamation or insult occurs in the victim’s presence without anyone else present, or in a message sent to the victim by any means. The text therefore creates a clear tier: higher exposure or third-party presence (telephone / others present) triggers the possibility of imprisonment, while the more limited setting (no third party / direct message) is treated with a fine cap within the same article.
Aggravating circumstances under Article (427)
Finally, Article (427) of Federal Decree-Law No. (31) of 2021 states that the offence is considered aggravated in the cases mentioned above if it is committed against a public official or a person entrusted with a public service during, because of, or in connection with their duties or service, or if it affects honour, harms the reputation of families, or is noted to pursue an unlawful purpose. This mirrors the aggravating logic found in Article (425), maintaining a consistent approach to heightened protection in sensitive contexts.
Summary within the text
Taken together,
Article (425) and Article (427) of Federal Decree-Law No. (31) of 2021 (UAE Crimes and Penalties Law) establish that liability and penalties for defamation and insult depend on what the text highlights: whether the act involves publicity, whether it is made by phone, in front of others, or through a message, and whether aggravating circumstances exist—particularly where the victim is a public official connected to duty, or where the act affects honour, family reputation, or is tied to an unlawful purpose.
Piter Bowman
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