UAE Residents Face Legal Action for Defamatory or Fake Online Reviews

Experts in the UAE are warning residents that posting negative or fake online reviews can lead to significant legal repercussions, particularly if the comments are considered defamatory or intentionally damaging to a business's reputation. This caution comes in the wake of an arrest involving individuals accused of fabricating reviews on a company's Google Maps page with the intent to harm its operations. Dubai Police confirmed that an investigation, initiated by a company's complaint, uncovered a scheme where several commercial establishments collaborated to publish false and damaging comments.

While customers have the right to share their experiences online, Maj Yasser Juma Mohammed, head of the Social Media Crimes Section at Dubai Police, emphasized that these comments must not infringe upon the rights or interests of others. He clarified the distinction between providing an honest negative review and posting remarks that could be construed as an insult or defamation.

Nikhat Sardar Khan, a Dubai-based litigation lawyer, highlighted that reviews containing insults, misinformation, or malicious intent can expose the writer to legal action. She noted that online defamation is particularly damaging due to its persistent nature, as it can be saved, shared, and viewed long after its initial publication. Ludmila Yamalova of the law firm Lylaw added that removing a review does not absolve the author of legal responsibility, as the offense may have already occurred upon publication, with evidence preserved through screenshots or platform records.

For small businesses, even a few negative or fabricated reviews can severely impact their reputation and leave a lasting negative online impression. Apple Gawaran, a Dubai-based content creator specializing in personalized 3D-printed gifts, shared a personal perspective, stating that a single fake review can generate unwarranted negativity and influence potential customers who haven't yet experienced the business. She stressed the importance of honest feedback, whether positive or negative, but drew a clear line between genuine criticism and the deliberate dissemination of false information intended to harm a business.

Amreen Iqbal, founder of the jewelry brand Piece of You, echoed these concerns, explaining that fake reviews can sow doubt among prospective customers who rely heavily on online feedback for purchasing decisions. She noted that reviews based on fabricated experiences create confusion. The team at Mövenpick JLT also raised similar issues, pointing out that fake reviews can mislead families planning holidays and business travelers booking accommodations, while unfairly impacting the staff providing the services.

It is important to note that not all negative reviews are illegal. Constructive criticism or opinions based on genuine experiences are generally not considered defamation, provided they are not insulting or malicious. However, even factual statements that damage a reputation can be legally actionable. Ms. Yamalova explained that while negative reviews are not inherently illegal in the UAE, the line between legitimate criticism and unlawful defamation is nuanced. For instance, commenting on slow service or a product not meeting expectations differs significantly from accusing a business of fraud or insulting its employees. These critical reviews, when focused on the product or service, aim to provide feedback without making false claims.

In contrast, defamatory reviews contain false statements that go beyond mere opinion or criticism, potentially leading to legal consequences. Ms. Khan advised that businesses and individuals can pursue defamation lawsuits if they can prove harm or tangible damage resulting from such statements. Reviewers are urged to ensure their feedback is truthful, respectful, and does not cause reputational harm or tangible damage.

Under Article 43 of the UAE Cybercrimes Law (Federal Decree-Law No. 34 of 2021), online insults and statements that expose others to punishment or public contempt can result in criminal penalties. These penalties may include fines ranging from Dh250,000 to Dh500,000 and/or imprisonment. Affected parties may also pursue civil claims for compensation for legally recognized damages. However, a complaint does not automatically equate to an offense; criminal liability is determined by the specific statements, circumstances, and legal requirements.

The UAE cybercrime law strictly prohibits the spread of false information, with violators facing potential imprisonment for at least one year and fines starting at Dh100,000. Penalties can escalate to two years in jail and a minimum fine of Dh200,000 if the offense occurs during a state of emergency or crisis.

Ms. Yamalova offers straightforward advice: focus on facts, not accusations; critique the product or service, not individuals; avoid inflammatory language, personal insults, and unsupported allegations; and consider whether the review aims to share a genuine experience or inflict harm. She concludes that while negative reviews are a valid part of consumer feedback, in the UAE, they must be approached with caution, recognizing that even a genuine grievance does not automatically grant immunity from legal liability.

Consumers who have had a negative experience are encouraged to utilize their rights under the Consumer Protection law. This law ensures fair treatment, accurate information, and compensation for damages caused by defective products or poor services, holding businesses accountable. Pursuing compensation through this formal process is often more effective than simply posting a negative review.