In reputation offences, the difference between defamation and insult turns on a single question: was a specific fact attributed? If it was, the act is defamation; if the words carried mere denigration with no fact, it is insult. From that one distinction flow the applicable article, the penalty, and the limits of the accused's right to prove what he said.
This article indexes the offences against reputation and private life set out in the Federal Crimes and Penalties Law and its amendments, arranged in the order of the Law itself, stating for each offence the applicable article and its classification. It forms part of a series covering the offences of the Law in full, each offence having its own dedicated article detailing its elements, its penalty and the defences available.
Legislative reference: Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law, issued on 20 September 2021, published in Official Gazette No. 712 of 26 September 2021, in force as of 2 January 2022, and its amendments. These offences appear in Chapter Six of Part Seven of Book Two, in Articles 425 to 434.
The test of distinction: Defamation is the attribution of a specific fact; insult is denigration without any fact; and violation of private life does not require any impugning of honour at all — it suffices that what is private is captured, transmitted or published, even if true. The first two are set out in detail in the section that follows.
Methodological note: Publicity is an element of defamation and insult, and the Law defines its means exhaustively: speech and shouting, acts and gestures, writing, drawings, images and audio, visual or readable material, where these occur in a gathering, a public place or a place open to the public. Where such acts are committed through information technology and social media they fall under Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes, which carries heavier penalties, and their forms are therefore not listed here. The classification of each offence is determined by the type of penalty prescribed in the article: a felony is punishable by imprisonment; a misdemeanour by detention or a fine exceeding 10,000 dirhams; and a contravention by a fine not exceeding 10,000 dirhams.
The Difference between Defamation and Insult
This is the hinge on which most disputes in this category turn, and from it flow the applicable article, the measure of the penalty and the limits of the defence. The test is a single question: did the words carry the attribution of a specific fact? If they did, it is defamation; if they carried none and amounted to mere denigration, it is insult.
Defamation — Article 425: Attributing a specific fact to another by one of the means of publicity, of such a nature as to render him liable to punishment or to contempt.
The test: the fact attributed is determinate and capable of proof or disproof — it can properly be said to be true or false.
Examples: «he embezzled the company's funds» — «he forged the document» — «he took a commission from the supplier».
Penalty: detention not exceeding two years or a fine not exceeding 20,000 dirhams.
Insult — Article 426: Casting upon another that which impugns his honour or standing, without this involving the attribution of any specific fact.
The test: the words are a bare judgement or denigration incapable of proof or disproof, because they carry no verifiable fact.
Examples: «he is contemptible» — «he has no honour» — «he does not deserve his position».
Penalty: detention not exceeding one year or a fine not exceeding 20,000 dirhams.
Four practical consequences of the distinction:
1. The right of proof: conceivable only in defamation, since insult carries no fact at all. Even in defamation the right is not absolute: it is conditional upon the person defamed being a public servant or a person charged with a public service, and upon the fact being connected with the office.
2. The measure of the penalty: the maximum term of detention for defamation is double that for insult — two years against one.
3. Aggravating circumstances: in defamation, publication in a newspaper or printed matter is an independent aggravating circumstance. In insult, the penalty rises to detention not exceeding two years and a fine of 20,000 to 50,000 dirhams where it is directed at a public servant during or by reason of the performance of his office.
4. Building the defence: an error in characterisation vitiates the whole defence. A plea that the fact is true has no place if the act is characterised as insult; and a plea that no specific fact was attributed is the proper route to shifting the characterisation from defamation to insult and reducing the penalty.
A fine point: the truth of the fact does not, of itself, negate the offence of defamation. Defamation is made out even where what was attributed is true, unless one of the grounds of justification exhaustively laid down by the Law is present. What matters is the public harm to reputation, not the veracity of the statement.
The mixed case: the two forms are often combined in a single utterance, as in «he is a thief who stole the company's funds» — the first limb is insult and the second defamation. Where both characterisations attach to a single act, the rules on concurrence of offences and the prevalence of the graver characterisation apply, and defamation prevails.
I. Defamation and Insult
1Defamation by one of the means of publicity
Article 425Misdemeanour
2Defamation against a public servant or affecting honour
Article 425Misdemeanour
3Defamation by publication in newspapers and printed matter
Article 425Misdemeanour
4Insult by one of the means of publicity
Article 426Misdemeanour
5Insult against a public servant or affecting honour
Article 426Misdemeanour
6Defamation or insult by telephone or before the victim in the presence of others
Article 427Misdemeanour
7Defamation or insult addressed to the victim with no one present, or by letter
Article 427Contravention
II. Violation of the Sanctity of Private and Family Life
8Eavesdropping on, recording or transmitting a conversation in a private place
Article 431Misdemeanour
9Taking or transmitting a photograph of a person in a private place
Article 431Misdemeanour
10Publishing news, images or comments relating to the secrets of private life
Article 431Misdemeanour
11Commission of any of these acts by a public servant relying on his office
Article 431Misdemeanour
III. Disclosure of Secrets and Correspondence
12Disclosure of a professional secret or its use for private benefit
Article 432Misdemeanour
13Disclosure by a public servant of a secret entrusted to him by virtue of his office
Article 432Felony
14Opening a letter or telegram, or eavesdropping on a telephone call
Article 433Misdemeanour
15Disclosing the content of a letter, telegram or call to other than its addressee
Article 433Misdemeanour
16Copying or distributing content accessed by virtue of one's work
Article 434Misdemeanour
Grounds on which no offence arises: The legislator set out three situations in which no offence arises. The first is proof of the truth of the fact attributed, where the attribution is directed at a public servant or a person charged with a public service and the fact is connected with the office; proof is not admissible where more than five years have elapsed since the fact, or the offence has lapsed, or the judgment rendered in it has fallen away. The second is what passes between litigants by way of defamation or insult in their oral or written pleadings before the courts and investigating authorities, within the limits of the right of defence. The third is a report made in good faith to the judicial or administrative authorities of a matter entailing its perpetrator's liability.
The effect of waiver — a feature particular to this category: The Law provides that in the misdemeanours set out in Articles 425, 426 and 427 the Public Prosecution stays execution of the custodial penalty adjudged upon the victim's waiver or settlement with the convicted person — a feature not available in most other offences. The team of AWADH ALMHEIRI LAW FIRM AND LEGAL CONSULTATIONS reviews the legal characterisation and builds the defence from the record of preliminary enquiries, and represents clients before the Public Prosecution and the courts at every level.
References
I. The legislative text
1- Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law and its amendments — federal law; reference should be made to the updated version on the federal legislation portal.
2- Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes — federal law.
3- Federal Decree-Law No. 38 of 2022 promulgating the Criminal Procedure Law — federal law.
4- The official edition of the Crimes and Penalties Law issued by the Ministry of Justice.
II. Emirati doctrinal grounding
5- Dubai Judicial Institute — «The Crimes and Penalties Law of the United Arab Emirates: Federal Decree-Law No. 31 of 2021», 2022 edition.
6- Dubai Police Academy — «Commentary on the General Provisions of the Federal Penal Law».
III. Doctrinal commentary
7- Dr Mahmoud Naguib Hosni — «Commentary on the Penal Code: Special Part», which contains an independent part on offences against honour and standing covering defamation, insult, false reporting and the disclosure of secrets.
8- Dr Mahmoud Naguib Hosni — «Commentary on the Penal Code: General Part».
9- Dr Ahmed Fathi Sorour — «Al-Waseet in Penal Law».
10- Dr Raouf Obeid — «The Standards of Reasoning in Criminal Judgments».
A note on method of citation: the Emirati legislative text is the origin and the authority in application, and the Emirati references follow it in doctrinal grounding. Egyptian doctrinal commentary is drawn upon in refining the elements and settling the terminology, given the shared legislative school of the two countries, and is in no case preferred over the text. Page numbers have been deliberately omitted because they differ between editions; reference should be made to the copy available to the researcher.
Frequently Asked Questions
QWhat is the practical difference between defamation and insult?
The test is the attribution of a specific fact. In defamation a determinate matter capable of proof or disproof is attributed to the victim, of such a nature as to render him liable to punishment or contempt. Insult is a bare casting of that which impugns honour or standing without attributing any particular fact. A fundamental consequence follows: the right to prove the truth of the fact is inconceivable except in defamation.
QIs publicity a condition for the offence to arise?
Yes, for the defamation and insult set out in Articles 425 and 426. If publicity is absent and the act occurs by telephone or before the victim in the presence of others, Article 427 applies with a lighter penalty; and if it occurs before the victim with no one present, or in a letter sent to him, the penalty is confined to a fine.
QWhen may the accused prove the truth of what he attributed?
In one case only: that the attribution be directed at a public servant or a person charged with a public service, and that the fact be connected with the office or service. Proof is not admitted where more than five years have elapsed since the fact, or the offence has lapsed on one of the grounds of extinction, or the judgment rendered in it has fallen away.
QWhat if the defamation or insult occurs through social media?
The facts then fall outside these articles and are governed by Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes, whose penalties are heavier. The first thing to settle in any complaint is therefore the means of publication, since it determines the applicable law.
QDoes the victim's waiver bring the case to an end?
Waiver has a particular effect in this category: the Law provides that in the misdemeanours set out in Articles 425, 426 and 427 the Public Prosecution stays execution of the custodial penalty adjudged upon the victim's waiver or settlement with the convicted person, without requiring any relationship of kinship between the parties.
Legal Disclaimer
This article has been prepared to disseminate legal culture and strengthen public awareness. It does not constitute legal advice nor an opinion on any particular set of facts, and no relationship of retainer or representation arises from reading it. The names and classifications set out in the lists are concise and indicative and are no substitute for reference to the text of the article itself. The outcome of each case differs according to its facts, its documents and the provisions applicable at the time it is heard. This article is based on Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law and its amendments in force as at the date of publication, and reference to a licensed lawyer is advised before taking any step. Where translated versions exist, the Arabic text prevails in the event of any discrepancy.
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