The Dubai Civil Court has ordered an Arab man to pay his ex-wife Dhs50,000 in compensation for the moral damage she suffered as a result of insults and slander he directed at her via WhatsApp.
This decision was made after he was found guilty of the crime by the Court of Misdemeanours and Violations.
The details of the case date back to the time when an Arab woman filed a lawsuit at the Dubai Centre for the Amicable Settlement of Disputes, demanding Dhs75,000 in compensation from her ex-husband for material and moral damages suffered as a result of him sending messages that violated her honour and dignity.
The messages contained offensive language that harmed her and her family.
The plaintiff stated that she had filed a criminal complaint against the defendant.
The case was referred to the Criminal Court, which found him guilty and fined him Dhs3,000.
This decision became final when the defendant accepted it and paid the fine. Consequently, the plaintiff took the case to the civil court to seek compensation for the damages she had suffered.
In its ruling, the court explained that it had found no evidence in the case documents of any direct material damage suffered by the plaintiff. Therefore, it rejected her request for compensation in this regard.
However, the court deemed that the offensive language used by the defendant had caused the plaintiff significant moral harm, impacting her reputation, dignity and social standing, as well as causing harm to her family. This warrants compensation.
Dr. Alaa Nasr, legal advisor, said that if someone is harmed, the perpetrator must pay compensation based on the victim's losses and loss of earnings, including moral damages.
He added that, under the Civil Transactions Law, the court must take into account a conclusive criminal judgement proving that the defendant committed the crimes of defamation and slander.
This establishes tort liability on the part of the defendant, highlighting the seriousness of using electronic applications to harm dignity, honour and reputation.