I
nsult and Defamation Through Digital Means and the Aggravating Circumstance Involving Public Officials
Article (43) — Federal Decree-Law No. (34) of 2021 on Combating Rumors and Cybercrimes
The Scope of Criminalization in Article (43)
Article (43) criminalizes insult and defamation when committed using specified technical means. The provision focuses on conduct that harms another person’s reputation or standing in the digital environment and subjects it to custodial and financial sanctions. The text sets out a clear legal standard for the prohibited act: either insulting another person or attributing to him an incident that would render him liable to punishment or contempt by others. The presence of the digital medium is a core component, as the act must be carried out through an information network, an information technology means, or an information system.
The Prohibited Conduct as Defined by the Text
The article applies to anyone who insults another person or attributes to him an incident that would make him subject to punishment or contempt by others, provided that the conduct is carried out using an information network, an information technology means, or an information system. The provision therefore covers two principal pathways: direct insult, and attribution of a fact that carries a reputational or punitive consequence in the eyes of others.
By using the phrase indicating that the attributed incident must be of a nature that makes the person liable to punishment or contempt, the article defines defamation in a manner tied to the potential social or legal effect described in the text. The offense is thus linked to the impact implied by the attributed fact, within the offense description as drafted.
The Prescribed Penalty and Fine Range
Article (43) provides for imprisonment and a fine of not less than (250,000) two hundred fifty thousand dirhams and not more than (500,000) five hundred thousand dirhams, or by either of these penalties, for committing the prohibited conduct through the specified digital means. The fine range is explicitly bounded and begins at a high minimum. The penalty structure is alternative: it allows the imposition of both imprisonment and a fine together, or only one of them, as stated.
This framework reflects a significant financial deterrent and a custodial sanction option, structured by express minimum and maximum fine limits in the text.
Aggravating Circumstance: Acts Against a Public Official
The article adds an aggravating circumstance where any of the acts described in the first paragraph are committed against a public official or a person charged with a public service, in connection with or because of the performance of his work. In such a case, the provision states that this constitutes an aggravating circumstance for the offense.
The wording indicates that the aggravation depends on two linked factors: the victim’s status (public official or charged with public service) and the connection of the act to the performance of the victim’s duties. When those conditions are satisfied, the offense is treated as aggravated, as stated in the text.
Conclusion
Article (43) of Federal Decree-Law No. (34) of 2021 on Combating Rumors and Cybercrimes criminalizes insulting another person or attributing to him an incident that would make him liable to punishment or contempt by others, when committed through an information network, an information technology means, or an information system. It imposes imprisonment and a fine between 250,000 and 500,000 dirhams, or either penalty. It further provides that committing any of these acts against a public official or a person charged with a public service, in connection with or because of the performance of his work, constitutes an aggravating circumstance for the offense.
Piter Bowman
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