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Defamation Lawyer in Saudi Arabia

As the Public Prosecution has clarified on its Twitter account, defaming others and causing them harm is a cybercrime, which makes it a criminal case under the laws of Saudi Arabia. If you’re subjected to defamation, abuse, or harm, it’s best to reach out to a defamation lawyer in Saudi Arabia.

Defamation is a modern phenomenon that has had every technological advance work in favor of those committing it — it has become possible to defame someone anonymously, as well as to hack accounts and publish inappropriate material that damages people’s reputations online. On the other hand, the Kingdom’s laws have worked to keep everyone safe by imposing penalties on anyone who defames others or causes them harm.

Request the legal drafting of a defamation complaint from Al Safwa Law Firm by clicking here.

Why People Searching for a Defamation Lawyer in Saudi Arabia Turn to Al Safwa

At our firm, a defamation lawyer drafts and files defamation complaints in cities across Saudi Arabia — Jeddah, Riyadh, Makkah, Dammam, Khobar, Yanbu, and more.

People are harmed and wronged through defamation, which the law penalizes, as explained in the previous paragraph — meaning that seeking legal services from a defamation lawyer can help them restore their reputation and rights from the person responsible.

Defamation is considered to be any accusation or attack published on social media that can damage a person’s reputation or honor, or cause them harm — whether that harm is financial or non-financial — regardless of the method the perpetrator used, such as casting doubt on someone’s honesty, disparaging the services an organization provides, twisting a person’s words or actions in a way that harms them, or publishing private conversations.

Today, technology and internet-based communication have advanced, and there are now dozens — perhaps hundreds — of platforms and methods through which defamation can take place. Defamation has become more severe and spreads faster: techniques have multiplied, geographic boundaries have disappeared online, and platforms have emerged that allow publishing without any credibility checks or ethical safeguards. It has become extremely difficult to identify everyone capable of committing defamation, since it’s now possible for anyone with an internet-connected device and a little know-how.

As the number of defamation victims has risen, so has the need for a defamation lawyer in Saudi Arabia — one with real experience in these cases, their procedures, laws, and penalties, as well as knowledge of information technology and the internet, giving them a deeper understanding of how online defamation happens so they can help their clients recover their rights.

So if you’ve been the target of defamation by someone — whether or not you know their real identity — you can turn to a defamation lawyer for help right away, to take the appropriate steps toward filing a defamation lawsuit and use methods that help you gather the evidence needed to hold the accused accountable and secure justice.

You may also be interested in: Insult and Slander Lawyer in Saudi Arabia.

Steps to File a Defamation Lawsuit in Saudi Arabia

The legal awareness we’ve worked to build among members of Saudi society, together with government laws and procedures keeping pace with every development in line with the nature of these crimes, has made people more accustomed to defending their rights, and the fear that once surrounded pursuing one’s rights has receded. Today, the first instinct of anyone who has been wronged or attacked, in any matter within the Kingdom, is to turn to the courts to obtain their rights with the help of a defamation lawyer in Jeddah or Riyadh — this includes defamation cases and others. Below, we outline the steps for filing a defamation complaint:

  • It’s best to start by consulting a criminal cases lawyer or retaining one to draft and file the defamation complaint — see: how to draft a legal memorandum — and follow up on it, whether it’s submitted to the police directly or through the Kollona Amn app.
  • Gathering photos, screenshots, audio recordings, or video recordings that serve as clear evidence of the defamation, as documentation of the offense for the purpose of proving it through the methods set out in the law.
  • Submitting the complaint directly to the police or through the Kollona Amn app.
  • After that, the defendant is summoned and their statement is taken.
  • If the defamation complaint is verified and the physical and mental elements of the offense are established, the case is referred to the Public Prosecution to take legal action against the defendant. If the conditions or elements are not met, the case is closed. («Learn more about the elements of the defamation offense under Saudi law»)

From the above, we can see that the role of a cybercrime lawyer is very important in a defamation case — the lawyer is the plaintiff’s legal representative, and as such has the legal right to submit to the police all the evidence and proof establishing that the elements of the defamation offense have been met.

So once the case is referred to the Public Prosecution, what happens to the defendant next? And what penalty do they face for committing the offense of defamation?

The Penalty for Defamation in Saudi Arabia

However varied crimes may be, the law stands ready to address them, and however much methods evolve, the law is flexible and develops to keep pace with every change that real life produces, whether social or technological.

Earlier laws provided for penalizing defamation in the media and press, and set out the penalties and how they were to be applied. Today, these laws have evolved to also penalize defamation online and on social media, with legislation setting out these penalties and how they’re applied.

Under Article 3 of the Anti-Cyber Crime Law, anyone who violates the private life of others through social media or electronic technology such as cameras and mobile phones, and anyone who uses these to defame others and cause them harm through social media and various information and communication technologies, is punished by imprisonment for a maximum of one year and/or a fine of up to SAR 500,000.

Under Article 4 of the Anti-Cyber Crime Law, anyone who engages in identity impersonation to defame others and gain money or benefits from it is punished by imprisonment for a maximum of 3 years and/or a fine of up to SAR 2 million.

Under Article 6 of the Anti-Cyber Crime Law, anyone who violates public order, breaches public morals, or defames religious values or the sanctity of private life is punished by imprisonment for a maximum of 5 years and/or a fine of up to SAR 3 million.

The penalties mentioned above may not be less than half of their maximum limit if the offender commits the crime as part of an organized gang, is a public employee who used or exploited their position for the purpose of the crime, or deceives a minor while committing the offense — under Article 8 of the same law.

Article 9 provides that anyone who incites the crime or provides assistance in it is punished with the same penalty as the offender if the crime is carried out, and with less than half the maximum penalty if the crime does not take place.

Frequently Asked Questions

Our firm’s lawyers regularly receive questions about defamation cases. Below are answers to the most common ones:

How do I file a defamation complaint?

A defamation complaint can be filed in two ways:
First: By submitting a complaint directly to the police.
Second: Through the Kollona Amn app.

What are the elements of the defamation offense in Saudi Arabia?

The offense cannot be established and a ruling issued unless its elements are met, and in the case of defamation, there are two:
› The physical element: the defendant committing the act of defamation through one of the available means.
› The mental element: the defendant committing the act of defamation of their own free will, knowing it to be unlawful.

Which authority is responsible for investigating defamation cases?

Under Article 15 of the Anti-Cyber Crime Law, the Bureau of Investigation and Public Prosecution (now part of the Public Prosecution) is the government body responsible for investigating and prosecuting defamation cases and other cybercrime cases.

In addition, the Communications and Information Technology Commission provides technical support and assistance to the Bureau of Investigation and Public Prosecution and other competent security bodies, drawing on its expertise and specialization in detecting and investigating defamation offenses and similar cybercrime cases, under Article 14 of the same law.

Are there special procedures for the technology used in a defamation offense?

A ruling may be issued to confiscate the devices, tools, or software used to commit the defamation offense, along with any money obtained through it. If the defamation took place through a website, an order may be issued to shut down the website — or the place from which the service was obtained — temporarily or permanently, if its owner was aware of the offense. This is under Article 13 of the Anti-Cyber Crime Law.

Can the offender be exempted from punishment in defamation cases?

The court may pardon the offender in a defamation case if they take the initiative to report the crime before the Bureau of Investigation and Public Prosecution becomes aware of it, provided that no harm has resulted from the crime, or before any harm occurs — under Article 11 of the Anti-Cyber Crime Law. If the offender reports the crime after the competent authority already knows of it, the court may still exempt them from punishment if their report leads the competent authorities to apprehend the remaining offenders, in the case of a group, or to confiscate the tools and means used in the crime.

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