The Crimes of Insult and Defamation in Cyberspace under Qatari and Emirati Legislation
A Comparative Analytical Study
DOI:
https://doi.org/10.35246/skxwqd24Keywords:
Insult, Slander, Cybercrime, Procedural Provisions, Substantive ProvisionsAbstract
This research addresses the crimes of defamation and libel in cyberspace through an analytical study and comparison between Qatari and Emirati legislation. It explains the nature and scope of the crimes of defamation and libel, stating that they do not differ significantly from traditional crimes. They are considered complaints crimes, in which filing a criminal case depends on filing a complaint. It also examines the procedural and substantive provisions of the crimes, the elements of the crime, the penalties prescribed for them, and their adequacy.
It also highlights the need to increase the penalties for the crimes of defamation and libel in cyberspace, given their widespread prevalence, particularly on social media, and the laxity of individuals in this regard.
It is also necessary to amend the provisions of the UAE Penal Code, specifically the section on complaints. The UAE legislature has stipulated a partially lengthy statute of limitations of three months. Therefore, we recommend that the legislature reduce this period and follow the Qatari legislature's approach, setting the statute of limitations for complaints at 30 days. Through this, we have reached several conclusions and recommendations.
Downloads
References
First: legal books:
I. Ahmed Akram Al-Dulaimi, The Role of Administrative Control in the Field of Social Media, Dar Al-Fikr Wal-Qanun, Mansoura, Arab Republic of Egypt, 2022.
II. Ali Hussein Tawalbeh, The Crime of Defamation: A Comparative Study between Islamic Sharia and Positive Laws, Dar Al-Thaqafa Library for Publishing and Distribution, Amman, Jordan, 1998.
III. Mazhar Jaafar Obaid, The Intermediary in Explaining the Omani Criminal Procedure Code, Second Edition, Dar Al-Thaqafa for Publishing and Distribution, Amman, Jordan, 2015.
IV. Haya Shaheen Al-Kuwari, The Crimes of Libel and Electronic Insult in Qatari Law: An Analytical Study, no publisher, 2022.
V. Ghanam Muhammad Ghanam, Explanation of the Qatari Criminal Procedure Code, College of Law, Qatar University, 2020.
VI. Ghanam Muhammad Ghanam and Dr. Bashir Saad Zaghloul, Explanation of the Qatari Penal Code: General Section, Theory of Crime and Theory of Penalty, College of Law, Qatar University, 2017.
VII. Ali Ahmed Abbas Muhammad and Amal Fadel Abdul Anouz, The Position of Harm in the Legal Structure of Crime, Scientific Group and Three Group Friends, 2021.
Second: Scientific theses and research:
I. Haya Mohammed Al-Humaidi, The Crimes of Libel and Insult Online in Qatari Law: A Comparative Analytical Study, Master's Thesis, College of Law, Qatar University, 2021.
II. Khaled Mahmoud Musleh Qurshid, Electronic Libel: Its Concept, Risks, and Punishment in Islamic Jurisprudence and Law: A Comparative Jurisprudential and Legal Study, Journal of Arts, Literature, Humanities, and Social Sciences, Issue 96, Emirates College of Educational Sciences, United Arab Emirates, 2023.
III. Iman Al-Maliki, Punishing Public Libel and Insult via the Internet: A Verse of Effectiveness, Journal of Law and Business, Hassan I University, Faculty of Legal and Economic Sciences, Morocco, 2016.
IV. Huda Bint Abi Bakr Salem Bajbir, Electronic Insult: Its Ruling, Forms, and Punishment in Jurisprudence and Law, Journal of Jurisprudence and Law, Issue 66, Salah Al-Din Dakdak Publisher, 2018.
V. Hessa Rashid Mohammed Al-Sulaiti, Crimes of Public Libel and Insult via the Internet: A Comparative Study, Legal and Judicial Journal, Ministry of Justice, Center for Legal and Judicial Studies, 2015.
Third: Judicial rulings:
I. Federal Supreme Court Rulings, Criminal Rulings, Appeal No. 619 of 2022 Judicial Year, Session dated January 3, 2023.
II. Federal Supreme Court Rulings, Criminal Rulings, Appeal No. 1777 of 2023 Judicial Year, Session dated September 9, 2024.
III. Qatari Court of Cassation Rulings, Criminal Matters, Appeal No. 130 of 2016 Judicial Year.
IV. Court of Cassation Ruling - Criminal Rulings - Appeal No. 106 of 2017 Q | Session dated November 6, 2017.
. Fourth: Laws
I. Draft Law No. 11 of 2014 promulgating the Qatari Penal Code.
II. Federal Decree-Law No. 31 of 2021 promulgating the Crimes and Penalties Law.
III. Draft Law No. 14 of 2014 promulgating the Anti-Cybercrime Law.
IV. Federal Decree-Law No. 34 of 2021 promulgating the Anti-Rumors and Cybercrime Law.
V. Draft Law No. 23 of 2004 promulgating the Qatari Criminal Procedure Code.
VI. Federal Decree-Law No. 38 of 2022 promulgating the UAE Criminal Procedure Code.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
