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Quantifying Damages in Defamation: What Holds in UAE Law

  • neetudc
  • Aug 11
  • 3 min read
Defamation Laws in the UAE
Defamation Laws in the UAE

Introduction


Reputation isn’t intangible. When it’s damaged, the consequences are real — social, emotional, and financial. In the UAE, the law recognises that reality. And courts have shown they will not only punish defamation but also compensate its victims meaningfully — provided the harm is proven, the facts are settled, and the claims are properly constructed.


In Case No. 149-2025 (Civil – Abu Dhabi Cassation Court), the judiciary affirmed that once criminal liability for a defamatory act is established, the civil court's job is not to question the facts, but to determine: how much is that damage worth? The answer lies in the details. This judgment offers valuable guidance for anyone considering a defamation claim in the UAE.


What the law says


Defamation in the UAE is both a criminal offence and a civil wrong.


  • Criminal Liability: Articles 425 to 429 of Federal Decree-Law No. 31 of 2021 (Penal Code) criminalise insult, slander, and defamation — whether oral, written, or digital. Penalties include imprisonment and fines, particularly where the act is committed via public platforms or social media.


  • Civil Liability: Victims may also seek financial compensation under Federal Decree-Law No. 42 of 2022 (Civil Procedure) and Federal Decree-Law No. 35 of 2023 (Evidence in Civil Transactions). Where the criminal court has already ruled, the civil court must treat those findings as binding. This binding force is codified in:


    • Article 88 of the Evidence Law, and

    • Article 269 of the Criminal Procedure Law.


In essence, once criminal liability is confirmed, the civil court cannot re-argue the facts. Its role is limited to quantifying the resulting damage.


Remedies available to the victim


Victims have access to multiple, sometimes overlapping, remedies:


  • Criminal Penalties for the Offender: Including imprisonment and fines, with aggravated sentences for public or online defamation.

  • Provisional Compensation: A criminal court can award an interim sum (as in the cited case, where the offender was ordered to pay AED 51,000).

  • Full Civil Compensation: Victims may pursue additional damages in a separate civil claim, including:

    • Loss of income or business contracts

    • Psychological harm and emotional distress

    • Medical or therapeutic expenses tied to reputational injury

  • Retractions or Corrections: Though rare, courts may compel an offender to issue a public apology or correct false statements.

  • Legal Costs Recovery: Successful claimants may recover court fees, legal expenses, and expert witness costs.


The key to accessing these remedies is evidence — proof of the defamatory act, its publication, and its consequence.


Common mistakes to avoid


Most defamation claims fail not because the harm didn’t occur, but because it wasn’t proven. Common pitfalls include:


  • Skipping the criminal route: Civil cases are stronger when backed by a conviction. Filing a police report isn’t optional — it’s foundational.

  • Assuming pain equals compensation: Courts require evidence. Loss of business? Show contracts terminated. Mental harm? Provide medical or psychological records.

  • Recycling rejected claims: Courts apply the doctrine of res judicata rigorously. As reaffirmed in Case No. 149-2025, once a claim has been dismissed or resolved, renaming or rewording it won’t bring it back to life.

  • Overclaiming without basis: Asking for millions without documentation damages credibility.


Steps to comply


If you’ve been defamed and intend to seek remedy under UAE law, follow a disciplined path:


  1. File a criminal complaint: Start with police or the Public Prosecution. This ensures the claim is treated as a criminal matter and initiates the official record.

  2. Gather admissible evidence: Screenshots, messages, emails, public statements — anything that establishes the content, the speaker, the audience, and the harm.

  3. Wait for the criminal ruling: If a conviction follows, the civil court will treat it as conclusive proof of the defamatory act.

  4. Quantify damages: Work with legal counsel to articulate real, documented losses — including moral and reputational damage.

  5. File a civil claim: Timely, structured, and evidence-backed.


How Juris Maestro can help


At Juris Maestro, we handle defamation not as drama but as a matter of law. We structure the case from day one to withstand both prosecutorial scrutiny and judicial review. From filing criminal complaints to securing judgments for civil compensation, we manage the full spectrum — with focus, clarity, and discipline.


We’re not in the business of inflating claims or playing to sympathy. We work with real evidence, assess real harm, and pursue real compensation. That’s how we’ve helped individuals, professionals, and businesses in the UAE protect and restore what matters most: their name.


If you've been defamed, don’t settle for noise. Come to us for structure, direction, and remedy.

 
 
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