Published in: Khaleej Times | Dubai Standard
In the UAE, a negative review can be construed as a criminal offence based on a critical distinction—legitimate consumer feedback versus an unlawful personal attack.
Ahmed Khalil, associate at BSA LAW, explained that legitimate consumer feedback generally consists of "expressing an honest and objective opinion about a product, service or customer experience, even if the opinion is negative, provided that it is based on actual facts and does not contain personal insults or defamatory allegations".
Earlier this month, a social media influencer was penalised Dh81,000 after the Abu Dhabi Judicial Department found that a video she posted about a well-known restaurant defamed the business rather than offering legitimate criticism.
"Based on the published reports, the Court considered that the video in question targeted the restaurant owner personally rather than constituting a genuine review of the restaurant's services," Ahmed added.
Hassan Elhais, a legal consultant, said that the key distinction lies in the purpose, content, and manner of the publication. "Legitimate consumer feedback focuses on sharing a genuine experience with a product or service in an objective and factual manner," he said.
The moment a review moves beyond the service itself and attacks an individual's character, it crosses the legal threshold. According to Salam Pappinissery, CEO of YAB Legal Services, the difference lies between "objective, service-oriented assessment and subjective personal attack".
Under UAE law, "criticism must remain confined to the offering itself; the moment it attacks an individual's honor, dignity, or moral character, it transitions from a review into a crime".
Criminal and civil consequences
In the recent case, the influencer was handed a criminal penalty of a Dh30,000 fine, ordered to remove the video, and the mobile phone used to record and publish the content was confiscated. The court further ordered the defendant to pay Dh51,000 as temporary civil compensation.
"The criminal fine represents the punishment imposed by the criminal court for committing an offence under the UAE Penal Code and is payable to the State," explained Ahmed. "Civil compensation serves a different purpose. It is intended to compensate the injured party for the harm suffered as a result of the defamatory publication."
Salam describes this as a two-step sequence: "Criminal Case — Guilty Verdict — Criminal Fine (Paid to the State Treasury)" followed by "Civil Case — Claims Damage — Civil Compensation (Paid to the Victim)".
Beyond financial penalties, the consequences can include imprisonment for up to two years, confiscation of devices used to publish offending content, and even judicial deportation for expatriate influencers. Under the UAE Cybercrime Law, defamation via digital channels carries fines ranging between Dh250,000 and Dh500,000 alongside potential imprisonment.
A thin line
The lawyers agreed that there is some practical advice for influencers and consumers alike.
Salam's top recommendation was to focus exclusively on the product or service but never on the person. "Keep reviews strictly tied to measurable consumer touchpoints like flavour, price, delivery, comfort," he said. "Never make remarks regarding the owner's character, intentions, integrity, or private life."
Ahmed added a crucial point. "Ensure that all factual statements are accurate, capable of being substantiated and based on genuine experience, while avoiding false, misleading or unverified allegations," he said.
Elhais emphasised that "Freedom of expression is recognised under UAE law, but it is not absolute," he said. "Consumers and influencers have the right to share honest experiences, provided they do so responsibly, truthfully, and without unlawfully harming the reputation or dignity of others."
He pointed out that a comment such as "the service was slow" or "I did not like the quality of the food" generally falls within legitimate consumer opinion but a statement calling a business a "scam" or accusing an owner of fraud without proof, however, invites legal liability.
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