Exes’ online excess: Making defamatory comments about your estranged spouse on social media
I was recently interviewed by the Ministry of Interior’s cultural, social, and security magazine 999 for an article on the dangers of over sharing on social media and the legal implications of online defamation. The article throws light on the stringency of UAE laws regarding crimes against people that can harm their reputation, particularly when these crimes are committed online.
In the article, I elaborate on the key laws that govern online activities related to threatening the reputation of an individual. The UAE's legislative measures against online threats include imposing penalties for electronic extortion, intimidation, and defamation, and aim to create a safer digital environment for its citizens and residents. These laws are included in Federal Decree-Law No. 31/2021, or the UAE Penal Code and Federal Decree Law No. 34 of 2021 on Cybercrime. You online conduct can have real life legal consequences.
Think before you post
As technology blurs the lines of decorum, the law is always watching, and grace in conflict resolution is a lesson worth mastering—both online and offline.
Dr Hassan Elhais, a leading family law expert in the UAE, highlighted the growing prevalence of online threats andcybercrimes in the digital age. “The UAE laws regarding crimes against people, particularly when committed online, are strict and aim to protect individuals from activities that could harm their reputation,” Elhais told 999. “Online users should be aware of the legal consequences resulting from their online conduct.”
Federal Decree-Law No. 34 of 2021 specifically addresses the misuse of technology for extortion, defamation, or harassment.
Manalo explained, “If an estranged spouse uses WhatsApp to demand money or make threats of harm, they may be charged under this law, with penalties including fines and imprisonment. In addition, threatening or bullying someone on social media or via messaging apps like WhatsApp may also fall under the umbrella of cyberbullying, as outlined in the law, which has increasingly been subject to strict enforcement in the UAE.”
“While the act of bullying an ex-spouse for maintenance might initially seem like a private matter, it may indeed become a legal issue if technology is used to carry out extortion or harassment. The UAE legal system takes these crimes very seriously and uses the full extent of its cybercrime laws to protect individuals from such abuses,” she added.
What UAE law says
Dr. Hassan Elhais, a leading family law expert in the UAE, shared with 999 how online misconduct compromises safety and mental health. “The UAE's legislative measures against online threats include imposing penalties for electronic extortion, intimidation, and defamation, and aim to create a safer digital environment for its citizens and residents,” said Dr Elhais.
The UAE’s legal framework includes the Penal Code and Federal Decree-Law No. 34 of 2021 on Cybercrime, which governs online defamation. Article 20 penalises defamatory activities conducted through platforms like WhatsApp or instant messaging apps, while Article 23 addresses the spread of misinformation, reinforcing lawful conduct in digital spaces.
Federal Decree-Law No. 31/2021 extends beyond penalising direct threats. Article 405 penalises individuals caught with dangerous tools or equipment that could endanger public security.
“Furthermore, these laws emphasise aggravating circumstances when threats target public servants or officials in the course of their duties. Such actions not only endanger the individual targeted but also undermine the stability and functioning of public institutions,” said Dr Elhais.
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