Legal basis of the civil liability for harms caused by misleading content on social media under UAE legislation

Abstract

The current study examines the legal basis for civil liability for harms arising from misleading content on social media under UAE law. We have adopted an inductive approach to analyze legal texts, revealing that these laws do strive to protect society from the risks of misinformation while ensuring responsible freedom of expression and combining legal deterrence with public education. In light of the challenges imposed by the rapid spread of false and misleading information in the digital environment, the UAE, like other countries, has witnessed a dramatic expansion in the use of social media as a primary source of news and information, necessitating a comprehensive legal framework to regulate this digital world. This framework, however, is based on Federal Decree-Law No. 34 of 2021 to combat Rumors & Cybercrimes, Decree-Law No. 55 of 2023 on Media Regulation, Federal Law No. 5 of 1985 regarding civil transactions, as well as the Federal Law No. (15) of 2020 on consumer protection, which together constitute the Legislative System for Criminal and Civil Accountability. Moreover, the study clarifies that the UAE Legislation is comprehensive and stringent, criminalizing the publication or republication of false or misleading news, regardless of the motive. It places responsibility on both individuals and digital platforms, allowing those harmed to seek civil compensation for material or moral damages arising from such content. The findings reveal that the UAE has adopted a preventive and proactive approach by criminalizing the dissemination of paid disinformation and the use of artificial intelligence techniques to spread misleading content, making it one of the leading countries in confronting modern digital crimes. Finally, our research has produced a set of recommendations, the most prominent of which are strengthening courts’ capacity to handle digital evidence, establishing a national database to monitor misleading content, and raising users’ legal and media awareness and enhancing international cooperation to combat cross-border disinformation and updating laws to keep pace with rapid developments in artificial intelligence and embedding digital justice within national digital transformation policies.