In today’s digital age, consumers have unprecedented power to share their experiences online, often turning to platforms like Google and social media to express their satisfaction—or dissatisfaction—with products and services. However, in the UAE, a negative review can lead to serious legal repercussions, making it crucial for consumers to understand the difference between constructive criticism and defamatory comments.
Imagine receiving a legal notice or a call from local authorities after posting a seemingly harmless review. Unfortunately, this scenario is becoming increasingly common as businesses in the UAE become vigilant about protecting their reputations. Cases of legal action over negative reviews are on the rise, highlighting the need for caution when sharing feedback.
Legal Precedents
A striking example occurred in May 2020 when a woman was convicted for posting defamatory remarks about a medical center on Google and Instagram. Despite her claims of "the worst service you can imagine," the court fined her Dh5,000, confiscated her phone, and closed her social media accounts, ruling her statements constituted defamation. Similarly, a Dubai woman was penalized for damaging a hospital's reputation through an Instagram post that labeled it the "worst hospital."
According to Nikhat Sardar Khan, Head of the Corporate, DIFC Litigation, and Arbitration Department at Hilal & Associates Advocates & Legal Consultants, digital libel poses unique challenges due to its enduring nature and broad reach.
"The risk of reputational damage from dissatisfied customers is significantly higher in today’s interconnected world,"
she explained.
Defining the Boundaries
So, can businesses sue individuals for writing negative reviews? It largely depends on the content of the review. If it contains insults, exaggerations, or misleading statements, it may fall under the jurisdiction of the penal code and cybercrime law. Under Federal Law No 34 of 2021, defamatory online statements can lead to criminal charges, and businesses may pursue both criminal and civil actions to restore their reputations.
Constructive criticism, however, generally does not constitute defamation.
"A negative review expresses dissatisfaction based on an honest experience and aims to provide constructive feedback,"
Khan clarified. In contrast, defamatory comments include false statements that can result in significant legal consequences.
The Impact of Reviews
For businesses, online reviews can be a double-edged sword. Zubin Jaafar, Marketing and Events Manager at Jamaican restaurant Ting Irie, noted that positive reviews are invaluable for attracting customers. However, negative reviews can arise from misunderstandings of the restaurant's service style, leading to challenges in maintaining their reputation.
Mandeep Singh Chanana, General Manager of Mister Baker, echoed this sentiment, emphasizing the importance of reviews in validating a brand's credibility.
"People often check Google reviews before making purchasing decisions, so negative feedback can significantly impact businesses,"
he stated.
Vidisha Bathwal, founder of catering company Paprika Dubai, believes that while negative feedback can sting, it also presents an opportunity for growth.
"We aim to address concerns and build trust with our customers,"
she said.
Legal Implications
The UAE's legal framework is stringent when it comes to defamation. Individuals can face jail time of up to two years or fines of up to Dh20,000 for publicly defaming someone, with harsher penalties if the defamation occurs through published media. The cybercrime law similarly imposes severe penalties for disseminating false information, with violators facing imprisonment and fines starting at Dh100,000.
Consumer Rights and Protection
Consumers dissatisfied with a service or product have rights under Federal Law No 15 of 2020 on Consumer Protection. This law empowers consumers to seek fair treatment and compensation for damages caused by subpar products or services. It emphasizes pursuing legal avenues over revenge through online reviews, providing a more effective means to address grievances.
News Source: Khaleej Times
