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What Are the Procedures and Requirements for Filing a Defamation and Reputational Harm Case?

Defamation and reputational harm cases are among the cases frequently heard before Saudi courts, especially with the widespread use of social media, which has made it much easier to circulate news and rumors and has given individuals the opportunity to damage others’ reputations and spread false information about them with the aim of defaming them.

This can have an extremely negative impact on victims, whether psychologically or socially. As a result, Saudi law gives significant attention to this type of case and imposes deterrent penalties on anyone who commits such acts.

Therefore, we will explain the procedures and requirements for filing a defamation and reputational harm case, and why you may choose Nawaf bin Awad Al-Harbi Law Firm if you become a victim of this offense.

Filing a Defamation and Reputational Harm Case

We will now explain the procedures that should be followed to file a defamation and reputational harm case in Saudi Arabia, as follows:

It is preferable at the outset to consult or appoint a lawyer specializing in criminal cases to draft and submit the defamation complaint.

A legal memorandum should be drafted and followed up, whether it is submitted to the police or through the Kollona Amn application.

Screenshots, images, video recordings, or audio recordings that prove the defamation should be collected, as they may serve as evidence establishing that the offense occurred.

The complaint should be submitted directly to the police or through the Kollona Amn application.

The accused person is then summoned to provide a statement and be questioned.

The case is then referred to the Public Prosecution so that the necessary legal procedures can be taken against the accused.

Learn more about: Penalty for Photography and Defamation

Requirements for Filing a Defamation and Reputational Harm Case

There are certain necessary requirements that must be met in order to file a defamation and reputational harm case. These requirements include the following:

The person harmed by the defamation, or their legal representative, must file the claim.

The claimant must have full legal capacity, meaning that they are of sound judgment and have reached the age of majority. If the claimant lacks legal capacity or is a minor, their guardian or custodian may file the claim on their behalf.

It must be proven that the claimant actually suffered harm as a result of the defamation, whether the harm was financial, psychological, or social.

A criminal statement of claim should be drafted to include all required information and legal grounds.

For the offense of defamation to be established, three basic elements must be present: the legal element, the material element, and the mental element.

The claimant must prove that the published information is false and that it caused harm.

It must be proven that the perpetrator had a clear criminal intent to harm the claimant and that the acts committed were unlawful.

Penalty for Defamation and Reputational Harm Under Saudi Law

Defamation is considered one of the serious offenses under Saudi law, and the Saudi legislator has given it particular attention and enacted deterrent provisions. Article (3) of the Anti-Cyber Crime Law provides:

“Any person who commits the offense of defaming others and causing them harm through various information technology means shall be punished by imprisonment for a term not exceeding one year, a fine not exceeding five hundred thousand Saudi riyals, or either of these two penalties.”

This provision shows that any act intended to damage another person’s reputation or spread false information about them online, through social media, or by any electronic means is considered a serious offense punishable by law.

The penalty imposed on the accused is determined according to the seriousness of the act and the resulting harm. The punishment may include imprisonment, a fine, or both penalties together.

You can also learn more about: Penalty for Threatening Defamation under Saudi law

Why Choose Nawaf bin Awad Al-Harbi Law Firm for Defamation and Reputational Harm Cases?

If you wish to file a defamation and reputational harm case after being defamed by another person, choosing a law firm specializing in these cases can be extremely important, as such a firm will be fully familiar with the procedures, requirements, and other legal aspects related to this type of case.

Nawaf bin Awad Al-Harbi Law Firm is one of the leading Saudi law firms you may turn to if you become a victim of defamation, as it has extensive experience in this type of offense and a distinguished team of lawyers experienced in many types of cases.

This helps ensure that your rights are protected and that the case procedures are handled lawfully and correctly, making the process easier and helping you pursue your rights before the courts.

Contact — the Best Criminal Cases Lawyer — now to begin the procedures for filing a defamation and reputational harm case, prepare the evidence, and file the claim correctly to protect your reputation and hold the offender accountable under Saudi law.

Conclusion

The procedures and requirements for filing a defamation and reputational harm case are important matters that everyone should know so that they can file a case against the perpetrator if they become a victim of this offense, enabling the offender to be held accountable and the victim to restore their rights and reputation.

The Saudi legal system gives this offense significant attention because of the serious harm it can cause to the victim, whether psychological, social, or otherwise. Therefore, deterrent penalties have been established for it.

If you would like to learn more, you can read: Defamation Cases Under the Law.

Frequently Asked Questions

How Do I File a Defamation and Reputational Harm Case?

You can file the case by submitting a complaint directly to the police or through the Kollona Amn application.

What Are the Elements of the Defamation Offense in Saudi Arabia?

The elements of the offense include the material element, which refers to the perpetrator committing the act of defamation through one of the available methods, and the mental element, which refers to the perpetrator committing the defamatory act intentionally and with knowledge that the act is unlawful.

How Can I Prove Reputational Harm?

You can prove reputational harm using all available means of evidence under the Law of Criminal Procedure, including digital evidence, written evidence, witness testimony, as well as questioning the accused and any confession to the offense.

How Much Is the Fine for Reputational Harm?

A fine for reputational harm is considered a criminal penalty, so the criminal judge hearing the case determines it. In other words, it is a discretionary punishment where the offense is committed using traditional means.

However, if the victim is defamed or their reputation is harmed through technological means, the fine may be up to SAR 500,000 in accordance with the provisions of the Anti-Cyber Crime Law.