What You Must Know Before Posting That Negative Review
Before the advent of Google Reviews and other online review platforms, customer feedback and business reputation management operated through more traditional means like word of mouth, emails, and press releases. These methods, while effective, maintained a direct and private interaction between customers and businesses. However, the rise of digital platforms has revolutionized customer feedback, making it more public and far-reaching. This shift has also brought new legal considerations to the forefront, especially when it comes to negative reviews.
The transition to a digital feedback has transformed these interactions, offered quick and broader reach but also presented the challenge that the feedback or reviews are no longer private, increasing the risk of reputational damage (“Defamation” or “Qazf”) by a dissatisfied customer.
Defamation, traditionally seen in print (libel) or spoken words (slander), has found a new arena in the digital world. Digital libel is considered more harmful due to it enduring nature as it can be archived, made more interesting through real-time interactions like live streams, podcasts, video recordings, shared to a global audience, made viral, posted anonymously and accessed indefinitely.
The use of digital platforms and technologies to commit acts that harm an individual’s or business’s reputation is considered a serious crime with penalties typically including fines and imprisonment, depending on the severity and public nature of the offence under the Federal Decree-Law No. 31/2021 On the Issuance of the Crimes and Penalties Law (the “Penal Code”) and the Federal Decree-Law No. 34/2021 Concerning the Fight Against Rumors and Cybercrime (the “Cybercrime Law”) and Federal Decree-Law No. 3/2003 On Organising the Telecommunications Sector in the United Arab Emirates as amended by Federal Decree-Law No. 1/2005 dated 30/08/2005, Federal Decree-Law No. 5/2008 dated 21/09/2008; and Federal Decree-Law No. 23/2020 dated 27/09/2020 (the “Telecommunication Law”).
The concept of freedom of speech is important and is recognized, but in the UAE, the emphasis is placed more on maintaining public order and protecting individuals and businesses, which is considered a greater need than freedom of speech.
Under Article 425 of the Penal Code any person who publicly defames another person by alleging a fact, could face a jail sentence of up to two years or a fine not exceeding AED twenty thousand (20,000). This offense is considered a criminal offense and aims to protect individuals from accusations or statements that may harm their reputation or subject them to legal consequences.
If the defamation is committed through publishing in a newspaper or publication, it is considered an aggravating circumstance, which may result in a more severe punishment. While Article 426 deals with public insults that injure another person’s honor or dignity without imputing a specific fact. Unlike defamation under Article 425, which involves claiming a particular defamatory fact that could lead to punishment or contempt, Article 426 are more about insults under general offensive remarks or name calling that degrade someone’s honor or dignity without making specific allegations.
The defence of a true statement under Article 428 of the Penal Code is not available for defamation cases because Article 428 specifically addresses cases involving public officials or persons assigned to public service. Thus, simply proving the truth is not sufficient unless it is related to the conduct of a public official in their official capacity.
Under Article 52 of the Cybercrime Law, the dissemination of false information is strictly prohibited and carries severe penalties. This article targets modern platforms used to spread, publish, re-publish, circulate or re-circulate fake news or data, or false, malicious, misleading, or incorrect reports or rumors that contravene officially announced news thus protecting public health, public peace and combating the spread of false information and rumors that can have detrimental effects on society and public order.
Violators may face detention of not less than one-year to two years and/or fines not less than AED 100,000 to AED 200,000, and competent bodies have the authority to issue correction and removal orders for false data or block orders for illegal content. Since the law specifically targets false and misleading information, a key defence is demonstrating that the information shared is true and is not intended to mislead or provoke to avoid penalties.
Article 43 of the Cybercrime Law, addresses the crime of insult and slander committed through the use of information networks, information technology methods, or information systems. It states that anyone who insults another person or attributes to them an event that may subject them to punishment or contempt by others shall be subject to detention and/or a fine. The minimum fine is set at AED 250,000, while the maximum fine is AED 500,000. This article aims to protect individuals from defamation and harmful statements made through digital means.
Further Article 56 of the Cybercrime Law allows the court to confiscate hardware, software, or means used in the commission of a cybercrime, as well as any funds generated from the crime. The court may also order the deletion of information or data related to the crime to deter cybercrimes and ensure the tools and proceeds of such crimes are eliminated, while protecting the rights of innocent third parties.
Under Article 72 of the Telecommunication Law whoever uses Telecommunication apparatus (apparatus made or adapted for use in transmitting, receiving or conveying any of the Telecommunication Services through a Telecommunication Network) to upset, disturb or offend the feeling of others or for other illegal use shall be sentenced to imprisonment for a period not exceeding one year and fine ranging from a minimum of AED 50,000 to a maximum of AED 1 million, or either of the two penalties to ensure that telecommunications networks are not used to harm others or for unlawful purposes.
A consumer is protected under Federal Law No. 15 of 2020 on Consumer Protection (the “Consumer Protection Law”) ensuring that consumers receive fair treatment, accurate information and compensation for damages caused by defective products or poor services.
The digital world has significantly expanded the avenues through which defamation can occur, transforming traditional concepts of libel and slander. While the internet provides powerful platforms for communication and expression, it also presents new challenges of reputational harm. Legal frameworks are evolving to meet these challenges, aiming to balance the protection of reputations with the freedoms of expression and information in the digital age. Understanding this new landscape is crucial for both potential victims and those who navigate the complexities of online communication.
Under the aforesaid laws, both businesses and consumers have specific rights and obligations. When leaving reviews and comments on a business, it is crucial to ensure that they are not false, insulting, misleading, exaggerated, distorted, made with malicious intent, or advising others not to patronize the business, as this can cause reputational harm or tangible damage. Failing to adhere to these standards, businesses and individuals can seek legal recourse to demand the restoration of their reputation and compensation for damages.
Key Questions addressed
Can a business sue a person for leaving a negative Google review?
The applicability of legal provisions depends on the content of the review. If the review is insulting, exaggerated, malicious, advises others not to patronize the business, or is misleading, the provisions of the Penal Code and the Cybercrime Law may be invoked. In 2023, there was a landmark case where the accused was fined for defamation through social media posts that damaged a hospital’s reputation. The accused used the hospital’s computer network to post on a social networking site (Instagram), sharing a video clip and a comment stating that it was ‘the worst hospital and the doctors do not know their job.’ The case was filed under Articles 43 and 56 of the Cybercrime Law.
As a result, the court found the accused guilty of defamation and imposed a fine. The ruling underscored the seriousness with which defamatory statements made online are treated under the law, particularly when they cause significant reputational harm. This case serves as a reminder of the legal consequences that can arise from making false or harmful statements on social media platforms.
Can a company file a criminal or civil case to demand restoration of its reputation and compensation?
Yes, a company can file both criminal and civil cases to demand the restoration of reputation and compensation. Under Federal Law No. 34 of 2021, defamatory statements made online can lead to criminal charges, as seen in the aforementioned trial. Additionally, civil lawsuits for damages can be pursued simultaneously.
If a bad review can lead to defamation – how do, we define a bad review?
A “bad review” that leads to defamation is one that contains statements presented as facts, which harm the reputation of a business or individual. Constructive criticism or opinions based on actual experiences typically do not constitute defamation provided it is not insulting a person or Company or written with malicious intent. Stating facts even if true, which leads to reputational damage, can be considered defamatory. In the case of a Medical Center the accused posted on her Instagram account and Google, describing it as “the worst service” and alleging that the reviews were fake.
The accused was charged under Federal Law No. 5 of 2012, the Court of First Instance fined her AED 5,000, confiscated her phone, and ordered the closure of her social media program. The defendant appealed, and on 29-12-2019, the Court of Appeal modified the judgment to close the program for one month, maintaining the other penalties. The defendant then sought cassation on 23-01-2020, submitting a memorandum and paying the required security deposit. The court concluded that the phrases used in the incident constituted a crime of defamation, rendering the appeal unfounded. Consequently, the appeal to the Cassation was rejected.
Do consumers have the right to leave a review if they had a bad experience or suffered damage during a service?
If a consumer had a bad reputation, it is advisable to exercise his/her rights under the Federal Law No. 15 of 2020 on Consumer Protection. Under the Consumer Protection law, consumers are protected and entitled to fair treatment, accurate information, and compensation for damage caused by defective products or poor services holding the businesses accountable for their actions. Pursuing compensation under the Consumer Protection law is more beneficial than seeking vengeance through review, as it provides a legal avenue to address grievances and obtain fair remedies for any harm suffered.
If a company asks for a Google review, shouldn’t it be open to all kinds of feedback?
If a company asks for a Google review, it should indeed be open to all kinds of feedback. However, the line between a negative review and a defamatory one can be very thin, making it essential for reviewers to exercise caution.
There is a clear distinction between a negative review and one that is defamatory. A negative review is a critique that expresses dissatisfaction with a product, service, or business based on the reviewer’s personal experience. These reviews, while critical, aim to provide constructive feedback without crossing into territory that could be seen as insulting or harmful to the business.
In contrast, a defamatory review contains statements intended to damage the reputation of a person, business, or entity, or to dissuade prospective customers. Some defamatory reviews may be posted with malicious intent, possibly by competitors seeking to harm a business’s reputation. Such reviews go beyond mere opinion or criticism and can lead to legal consequences. Businesses and individuals can sue for defamation if they can prove that the statements have caused reputational harm, tangible damage, or were posted by a competitor, which can be established by tracing digital footprints.
Reviewers must ensure their feedback is not defamatory, insulting, or causing harm. The use of words like ‘fraud,’ ‘cheater,’ ‘liar,’ ‘fake’ or ‘idiot’ etc. can be considered defamatory and lead to potential legal repercussions. This is especially critical in the UAE, where strict laws against defamation are enforced, including those that apply to online and social media platforms.
What is the consumer’s right in this case?
A better recourse for consumers, rather than posting reviews that may land them in hot water, is to exercise their rights under Article 4(8) of Federal Law No. 15 of 2020 on Consumer Protection. This law ensures that consumers can seek fair compensation for damages resulting from poor services or defective products.
Conclusion:
Given these legal frameworks, it’s crucial for reviewers in the UAE to be aware of the implications of their online statements. While freedom of speech is respected, it is balanced with strict laws against defamation to protect individuals and businesses from harm. Reviewers should ensure their feedback is factual, fair, and devoid of harmful language that could be construed as defamatory under UAE law.
If your business has been unfairly targeted by defamatory online reviews, it’s essential to act swiftly to protect your reputation and mitigate any potential damage. As an expert in navigating the complexities of defamation law in the UAE, I can assist you in addressing these harmful statements, whether through legal recourse or reputation management strategies. By working together, we can ensure that your business is protected and that any misleading or damaging content is appropriately dealt with under the full extent of the law.
I’m also pleased to share that my article on the legal implications of posting online reviews has been published in one of the UAE’s leading newspapers, Khaleej Times. You can read the full article here:https://www.khaleejtimes.com/uae/uae-writing-a-negative-google-or-social-media-review-you-could-land-in-legal-trouble
Author’s Bio:
Nikhat Sardar Khan, a distinguished legal expert with extensive experience in the UAE’s legal landscape, currently heads the Department of Litigation, ADR and Corporate at Hilal & Associates Advocates & Legal Consultants. Her expertise encompasses complex litigation and dispute resolution in commercial matters, employment, banking, finance, corporate practice, and more. As a qualified arbitrator and experienced mediator, she holds certifications from prestigious institutions like the Chartered Institute of Arbitrators (FCIArb) and The Royal Institution of Chartered Surveyors (RICS). Her legal acumen, honed over decades of practice in both India and the UAE, positions her as a formidable figure in the field of law.
For further information please contact
Nikhat Sardar Khan (FCIArb)(RICS)
Head of DIFC Litigation, Corporate & Arbitration- UAE,
MENA and India.
Arbitrator | Mediator | DIFC Practitioner
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