Question: I am a divorced mother living in the UAE. My ex-husband has begun contacting my son (from another marriage) and speaking negatively about me to him. What legal options do I have to address this situation?

Answer: In the UAE, any person who makes false, insulting, or defamatory statements about another may be held legally accountable, and the applicable provisions depend on the medium through which such defamatory statements are made.

Any defamatory statements made may fall under Article 425 of the Federal Decree-Law No. 31 of 2021 Promulgating the Crimes and Penalties Law which states that anyone who attributes to another person an incident that exposes them to punishment or public contempt shall be punished with,“a penalty of incarceration for a period not exceeding two years or a fine not exceeding Dh20,000".

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Article 426 of the UAE Penal Code provides that anyone who insults another person's honour or dignity without attributing a specific incident may be punished with detention for up to one year or a fine of up to Dh20,000.“A penalty of incarceration for a period not exceeding one year or a fine not exceeding Dh20,000 shall be imposed on anyone who slanders others through any means of publicity in such a way as to violate his honour or dignity without attributing a particular incident thereto.

The penalty shall be incarceration for a period not exceeding two years and/or a fine not less than Dh20,000 and not exceeding Dh50,000 if the slander is directed to a public servant or a person entrusted with a public service during, due to or on the occasion of performing the public service, or it prejudices honour or reputation of the families or if it is noted to achieve an illegal purpose”.

If the statements are communicated through electronic means such as phone, email, or social media, then Article 43 of Federal Decree-Law No. 34 of 2021 on Combatting Rumours and Cybercrimes may apply. It states that using electronic means to insult another or attribute a harmful quality to them may result in imprisonment and/or a fine of Dh250,000 to Dh500,000.

Based on the aforementioned provisions, you may have the option to take legal action if your ex-husband is making defamatory or insulting statements about you to your child. You may consider filing a complaint with the relevant authorities, including the police or public prosecution. The steps you may take depend on the circumstances and available evidence, and legal advice from a qualified practitioner may assist in determining the best course of action.

Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: Readers may e-mail their questions to: ... or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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