A WhatsApp message costs an Asian 30 thousand dirhams


The Dubai Civil Court has ruled that an Asian national must pay Dh30,000 to another person of the same nationality as compensation for material and moral damage caused to him by insulting him on WhatsApp, accusing him of claiming to be of prestigious origins and using photographs with important figures to prove his influence.

In detail, the Dubai Misdemeanor Court convicted an Asian man of insulting another person with offensive words and phrases, which he sent to him via the WhatsApp application, as he told him that he was a “cheater and a deceiver,” and that it was shameful to claim that he was close to important figures.

In turn, the victim reported the case to the police, and the accused was referred to the Dubai Public Prosecution, where he confessed to what was attributed to him, and requested the utmost leniency with him, and the court punished him with a fine of 2,000 dirhams.

Based on the criminal judgment, the plaintiff filed a lawsuit before the Dubai Civil Court, demanding compensation of 500,000 dirhams for the material and moral damages he suffered, in addition to the legal interest.

He said in his statement of claim that the words directed at him by the defendant caused him great harm and struck him like a thunderbolt, which prompted him to file a report against him, and a final and conclusive ruling was issued against him due to the lack of appeal, and he submitted documents supporting his claim.

For his part, the defendant requested in a response memorandum that the lawsuit be dismissed for lack of validity and proof.

The civil court stated in the grounds for its ruling, after examining the papers and memoranda, that the court of subject matter – according to the judicial decision – has full authority to understand the reality of the case, evaluate the evidence and documents presented to it, and give preference to what it is satisfied with and reject the rest.

According to the laws of evidence, criminal procedures and the established jurisprudence in Dubai Court of Cassation, the civil court’s commitment to the judgment issued in the criminal case is limited to what the criminal judgment has decided as a necessary decision regarding the occurrence of the act that constitutes the common basis between the civil and criminal cases, and regarding the legal description and attribution to its perpetrator. If the criminal court decides finally on these issues, the civil court must be committed, and refraining from re-examining them does not result in a violation of the conclusiveness of the previous criminal judgment, which is conclusiveness that applies to all even if they are not parties to the case.

The court pointed out that the defendant had made a mistake in slandering and defaming him, according to the final criminal judgment issued against him. This mistake resulted in material damage to the plaintiff, represented by the money he spent in suing the defendant, and the profits he lost by wasting his time, and being away from his work and living his normal life, as well as moral damage in the sense of regret, pain, and a sense of oppression and belittlement he suffered when the defendant slandered him with words and phrases that were shocking, which affected his psyche, which is why the court estimates the compensation for all these damages at 30,000 dirhams.

• The plaintiff filed a lawsuit before the civil court, demanding compensation of 500 thousand dirhams for the material and moral damages he suffered.

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