UAE: Writing a negative Google or social media review? You could get in legal trouble in certain cases

Imagine waking up to a legal notice or a call from the local police station for leaving a Google review on a business page. When you've had a bad experience with a service or product, you might want to share your dissatisfaction through a review, which seems harmless enough — until it isn't.

In the UAE, there are some cases in which you might find yourself in a legal battle and facing hefty fines if you are overtly critical or give a vilifying review, as businesses are becoming increasingly vigilant about safeguarding their reputations.

Last year, for instance, a woman in Dubai was found guilty of defamation for an Instagram post that "damaged a hospital's reputation" after she posted a video clip, calling it the "worst hospital" and that doctors did not know their job. A case was filed under the cybercrime law, and she was fined and asked to delete the video.

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Similarly, in May 2020, the Public Prosecution convicted a woman for defamatory remarks posted about a medical centre on Google and Instagram. In her review, she criticised the centre for providing "the worst service you can imagine" and alleged that positive reviews on its social media platforms were fake.

The court fined her Dh5,000, confiscated her phone, and closed all her social media accounts. On appeal, the court upheld the charge, deeming the phrases used in the incident a crime of defamation.

The viral effect

In the age of social media, feedback has a much broader reach than traditional word of mouth, presenting new challenges, as reviews are no longer private and the risk of reputational damage by dissatisfied customers is higher.

Nikhat Sardar Khan, Head of the Corporate, DIFC Litigation, and Arbitration Department at Hilal & Associates Advocates & Legal Consultants, said, "Digital libel is considered more harmful due to its enduring nature as it can be archived, made more interesting through real-time interactions like live streams, podcasts, video recordings, shared to a global audience, made viral, posted anonymously and accessed indefinitely."

But can businesses sue someone for writing a negative review?

"It depends on the text of the review," Nikhat said. "If the review is insulting, exaggerating, malicious, misleading, incorrect, or advises others not to patronise the business, the provision of the penal code and cybercrime law will be applicable.

"A company can file both criminal and civil cases to demand the restoration of reputation and compensation. Under Federal Law No 34 of 2021, defamatory statements made online can lead to criminal charges. Civil lawsuits for damages can also be pursued simultaneously."

Constructive criticism or opinions based on genuine experiences generally do not constitute defamation as long as they are not insulting or made with malicious intent. However, even factual statements that lead to reputational damage can be considered defamatory.

There is a difference between a negative review and a defamatory one, Nikhat warned. "A negative review is a critique that expresses dissatisfaction with a product, service, or business based on the reviewer's honest and factual experience. These reviews, while critical, aim to provide constructive feedback without making false statements."

In contrast, a defamatory review contains false statements. Such reviews go beyond mere opinion or criticism, which can lead to legal consequences. According to Nikhat, "Businesses and individuals can sue for defamation if they can prove that the statements have caused harm or tangible damage. Reviewers must ensure their feedback is honest and not insulting or defamatory, causing reputational harm or tangible damage."

Why reviews matter

Jamaican restaurant Ting Irie has had its fair share of experiences with Google reviews, which they take seriously because "they can make or break the vibe and flow of the business".

Marketing and events manager Zubin Jaafar said, "Positive reviews are like gold — they validate our hard work and draw in customers curious to try our cuisine. We've had numerous tourists as well as customers from other emirates visit us, influenced by positive Google reviews and word of mouth.

"On the flip side, we've faced misunderstandings. For instance, our laid-back, Jamaican style of service and the authentic flavours unfamiliar to some customers have sometimes led to negative reviews. One reviewer mentioned the "slow service," mistaking our relaxed, island vibe for inattentiveness. Another person thought our traditional Ackee and Saltfish were too unusual.

"These reviews can sting, but they push us to better communicate our cultural authenticity and improve the overall experience. It’s a balancing act of staying true to our roots while adapting to the local palate."

Weighing on the importance of reviews, Mandeep Singh Chanana, general manager of Mister Baker, said, "Google reviews these days can impact businesses significantly.

"People want to validate a brand's credibility and reputation before spending their money. Last week, I checked Google reviews before booking a hotel and changed my decision accordingly. People do the same before ordering food or even furniture.

"Most people who post reviews are genuine; they take the time to appreciate businesses or raise concerns that can help companies improve. We encourage our customers to post reviews and offer solutions to concerns raised."

Mandeep said establishments doing business ethically should not feel insecure about negative reviews. "In fact, it is an opportunity to understand your customers' expectations and serve them better."

Vidisha Bathwal, founder of catering company Paprika Dubai, concurs. "We always aim to give our customers a great experience, but we understand that not everyone will be happy. We need to handle negative feedback positively — talk to unhappy customers and try to fix their issues. This helps lessen the impact of bad reviews and builds trust with other customers.

"Bad reviews, especially those left unfairly, can hurt a business and scare away potential customers. But in the end, honest reviews help people make better choices and push businesses to keep improving," Vidisha added.

What the law says

• UAE law: Up to Dh500,000 fine for insulting, defaming people on social media, warn police