Tim Elliott
Welcome to Lawgical, the UAE’s first and only regular legal podcast. My name is Tim Elliott, and I’m joined by the managing partner of the Dubai-based legal firm Yamalova & Plewka, Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to be back with you, Tim, as always.
Tim Elliott
Ludmila, today we’re discussing insults—something we trade regularly but always in a playful manner.
It’s an important topic here in the UAE, isn’t it? We live in a culturally diverse country with people from all over the world. Misunderstandings can happen when someone takes a comment out of context or misconstrues what’s said or implied. It’s essential to be mindful, right?
Ludmila Yamalova
Absolutely. In the UAE, the issue of insults is more than just a social misstep—it can be a criminal offense under UAE law. Insults, regardless of intent or context, are penalized under the UAE Crime and Punishment Law. This law, which replaced the previous Penal Code, has introduced new provisions while retaining strict rules against insults. Simply put, insulting someone here can lead to legal consequences.
Tim Elliott
That’s serious. So, under the law, insults are criminalized. What does that mean in practical terms?
Ludmila Yamalova
It means that insulting someone, whether verbally, in writing, through gestures, or digitally, is considered a criminal offense. There are different categories of insults—for example, private insults versus public ones. The setting matters: insulting someone in a private gathering is treated differently than doing so in a public space, like a mall or gym, or on digital platforms like social media or messaging apps.
The penalties vary based on these factors, and the law ensures that even seemingly minor actions, like calling someone a name, can have significant consequences if the other person feels offended.
Tim Elliott
Interesting. Let’s step back a bit—how do we define an insult? What constitutes an actionable offense?
Ludmila Yamalova
In the UAE, the definition is broad. An insult is essentially anything offensive enough to hurt the feelings of the person it’s directed at. The law doesn’t provide a detailed list of what qualifies as an insult but focuses on how the recipient perceives the comment or action.
For example, calling someone a “child” or a “donkey” in certain contexts has led to criminal cases. We’ve handled such cases where these words, seemingly minor in some cultures, were perceived as highly offensive in the UAE.
Tim Elliott
That’s fascinating—and surprising. Could you share examples to help us understand better?
Ludmila Yamalova
Certainly. One example involved an employee who was upset in a professional setting. In an effort to calm the situation, a colleague told the individual to “stop acting like a child.” The employee took offense, filed a case, and the matter escalated through the legal system.
Another case involved someone being called a “donkey” in an argument. This led to a criminal complaint, and the court deemed it an insult. These examples illustrate how cultural sensitivities and context play a significant role in interpreting insults.
Tim Elliott
That’s remarkable. It also emphasizes how important it is to be culturally aware. But it’s not just words, right? Insults can take other forms, like gestures or actions.
Ludmila Yamalova
Exactly. Insults can be verbal, written, or conveyed through gestures. For instance, making an offensive hand gesture while driving, such as flipping someone off, is a criminal offense in the UAE. Another unusual case involved someone allegedly passing gas in public intentionally, which was reported as offensive and treated as an insult.
Tim Elliott
How does one prove an insult, especially in cases of verbal or gestural offenses?
Ludmila Yamalova
Proof can come in various forms. For verbal insults, witness testimony is often used. For written insults, digital evidence, such as WhatsApp messages, emails, or social media posts, is admissible.
When it comes to gestures, surveillance cameras or video footage can serve as evidence. In some cases, the accused person may even admit to the action, which simplifies the process.
Tim Elliott
Let’s talk about insults online—social media, WhatsApp, or other digital platforms. What are the rules, and how does this connect to the UAE’s e-crime framework?
Ludmila Yamalova
Insults in the digital realm are taken very seriously under UAE law and fall under both the Crime and Punishment Law and the Cybercrime Law. Digital evidence—WhatsApp messages, social media posts, emails—are admissible and often conclusive.
For instance, if you call someone a name on WhatsApp, or post defamatory comments on social media, those words are permanent, traceable, and legally actionable. In some cases, even anonymous accounts are tracked. The UAE’s e-crime complaint system allows victims to report cyberbullying or anonymous insults, and the authorities have the tools to identify and prosecute offenders.
This is important because the damage from digital insults is amplified—they can reach a wide audience and cause significant reputational harm. As a result, penalties are much higher for online insults, ranging from large fines to jail time.
Tim Elliott
It sounds like the authorities are ensuring accountability while balancing fairness. What advice would you give to those who feel insulted and to those who might be tempted to vent their frustrations?
Ludmila Yamalova
For those who feel insulted, don’t hesitate to file a complaint, especially if the insult impacts your reputation or well-being. Use the e-crime platform for digital cases—it’s an effective way to address anonymous or online insults.
For those tempted to vent, my advice is simple: think twice. Avoid writing or saying anything in the heat of the moment, especially online. Once it’s out there, it’s hard to take back. In the UAE, a seemingly minor comment can lead to legal trouble, so it’s best to stay calm and avoid the risk altogether.
Tim Elliott
Wise words, Ludmila. Thank you for shedding light on this important topic. Another episode of Lawgical comes to a close. Ludmila Yamalova, Managing Partner at Yamalova & Plewka, thank you as always.
Ludmila Yamalova
Thank you, Tim. It’s always a pleasure.
Tim Elliott
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