In everyday situations, it is common for a person (let’s say “A”) to have a phone conversation with another person (“B”). These conversations are often serious, or sometimes friendly. However, A might forget to properly end the call and unknowingly begins to insult B using offensive and damaging words—without realizing that B is still on the line and hears everything.
Now, what is A’s legal position in this case? Is denial enough, even though everything is recorded with time, date, and phone number?
According to Article (374) of the UAE Federal Penal Code: "Anyone who commits insult or defamation by telephone, or in the presence of the victim and others, shall be punished by imprisonment not exceeding six months or a fine not exceeding AED 5,000. If the insult or defamation occurs in the absence of others or by any written or electronic means, the penalty shall be a fine not exceeding AED 5,000. The punishment is more severe if the offense is directed at a public official, during or because of the performance of his duty, or if it affects family honor, or serves an unlawful purpose."
The legislator clearly emphasizes harsher penalties in such cases. As quoted by Al-Zarkashi: “Excusing ignorance is an act of mercy, not a justification.” Hence, the law does not exempt the offender simply for being unaware.
Similar incidents may happen during online court hearings, or even when talking to customer service without confirming that the call is truly disconnected. Many such complaints have been forwarded to the Public Prosecution for investigation.
There’s a wise saying: "Your tongue is your horse—if you control it, it will protect you; if you lose control, it may harm you." Even when expressing criticism, one must speak truthfully but respectfully and through the right channels. Society is governed by law—not by chaos. Everyone must be cautious with their words, especially when discussing personal or public matters.
If a dispute arises, consult the relevant legal authority. Laws in the UAE are in place to protect both individuals and organizations. As Prophet Muhammad (peace be upon him) said to Mu’adh: "Will people be thrown into Hell on their faces—or on their noses—except for what their tongues have harvested?"
So be mindful. Do not let your words violate others’ freedoms or bring legal consequences upon yourself.
