Prosecution Of Social Media Misuse, Online Defamation, Fake News, And Misinformation Campaigns
I. Legal Framework
The UAE has strict cybercrime and defamation laws to regulate online content:
Federal Decree-Law No. 5 of 2012 on Combating Cybercrimes (as amended)
Article 20: Spreading false news that harms public order, state security, or the reputation of individuals.
Article 21: Using social media to defame others.
Article 28: Threats, harassment, or blackmail online.
Article 29: Inciting hatred or spreading misinformation.
Federal Penal Code
Articles 372–374: Defamation, libel, and slander.
Penalties:
Imprisonment: 6 months to 3 years, sometimes up to 5 years for severe cases.
Fines: AED 50,000–1,000,000 depending on severity.
Deportation for non-citizens after serving sentence.
Key concepts:
Social Media Misuse: Posting content intended to harm others’ reputation, incite public unrest, or spread misinformation.
Online Defamation: False statements that damage personal or corporate reputation.
Fake News / Misinformation: Publishing or sharing content known to be false, or without verification, causing public alarm.
II. Notable UAE Cases
1. Ahmed Mansoor Case (2017–2018)
Facts: Prominent Emirati human rights activist Ahmed Mansoor was convicted for using social media to spread content deemed harmful to state security.
Legal Basis:
Federal Decree-Law No. 5 of 2012, Articles 20 and 29
Court Reasoning:
Content posted on social media platforms allegedly incited public disorder.
Court held that digital platforms are subject to UAE laws.
Outcome:
10-year imprisonment sentence.
Confiscation of electronic devices.
Significance:
Example of UAE applying cybercrime laws to social media misuse, even by high-profile activists.
2. Fake News WhatsApp Campaign – Dubai (2019)
Facts: A group of individuals circulated a WhatsApp message falsely claiming a large-scale public health emergency.
Legal Basis:
Article 20, Federal Decree-Law No. 5 of 2012
Public Order provisions under UAE Penal Code
Court Reasoning:
Dissemination of false information could cause panic and public harm.
Intention to misinform was proven through tracing messages.
Outcome:
1–2 years imprisonment for each participant.
Fines of AED 100,000 collectively.
Confiscation of mobile devices.
Significance:
Demonstrates UAE crackdown on misinformation causing public alarm.
3. Online Defamation Against Company – Abu Dhabi (2020)
Facts: An individual posted false accusations against a UAE-based company on social media, claiming fraud and malpractice.
Legal Basis:
Articles 21 and 29 of the Cybercrime Law
Articles 372–374 of the Federal Penal Code (Defamation)
Court Reasoning:
Court considered whether content harmed the company’s reputation.
Evidence included screenshots, IP tracing, and witness testimony.
Outcome:
6 months imprisonment.
Fine of AED 50,000.
Mandatory public retraction and apology.
Significance:
Highlights protection of corporate reputation in UAE cybercrime law.
4. False Election Campaign – UAE Social Media (2021)
Facts: A UAE resident posted online claims about a government election being rigged, creating unrest in local communities.
Legal Basis:
Article 20 (spreading false news)
Article 29 (incitement to hatred or unrest)
Court Reasoning:
False statements undermined public confidence in government institutions.
Traced IP addresses proved deliberate spread of misinformation.
Outcome:
18 months imprisonment.
Fine of AED 200,000.
Ban on social media use for 2 years.
Significance:
Demonstrates UAE’s approach to false news affecting political stability.
5. Social Media Threats & Defamation – Dubai (2022)
Facts: A UAE resident used Instagram to post threatening messages and false claims about a colleague, including allegations of criminal conduct.
Legal Basis:
Articles 21 and 28 of the Cybercrime Law
Articles 372–374 of the Penal Code
Court Reasoning:
Threats and false allegations constituted both defamation and cyber harassment.
Intent to harm victim’s reputation was established.
Outcome:
1 year imprisonment.
Fine of AED 75,000.
Confiscation of electronic devices.
Significance:
Shows UAE enforcement on personal reputation crimes online.
6. Anti-Health Measures Misinformation – COVID-19 (2020–2021)
Facts: Individuals circulated fake news about COVID-19 cures, claiming unverified treatments could prevent infection, causing public confusion.
Legal Basis:
Articles 20 and 29, Cybercrime Law
Public health emergency regulations
Court Reasoning:
False information created risk to public health.
Traced to deliberate online dissemination.
Outcome:
1–2 years imprisonment.
Fine AED 100,000.
Public apology required.
Significance:
Illustrates UAE treating online misinformation as a public safety issue.
7. Misinformation on Social Media About Terrorist Threat – Abu Dhabi (2023)
Facts: Fake posts claimed an imminent terrorist attack in Abu Dhabi, leading to panic.
Legal Basis:
Article 20 (spreading false news)
National security provisions under Penal Code
Court Reasoning:
Deliberate false news targeting public security and creating fear.
IP tracing and social media forensics confirmed source.
Outcome:
3 years imprisonment.
AED 500,000 fine.
Confiscation of devices and closure of social media accounts.
Significance:
Shows UAE applies severe penalties for online misinformation threatening public security.
III. Observations Across Cases
Strict Enforcement: UAE authorities prosecute both individuals and groups for misinformation or defamation online.
Scope: Laws cover personal defamation, corporate reputation, public order, and national security.
Digital Evidence: IP tracking, screenshots, and social media account audits are used in court.
Penalties: Range from fines and short imprisonment to long-term sentences in cases affecting national security.
Preventive Measures: Courts sometimes impose social media bans and device confiscation.
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