How Does Saudi Law Address the Penalty for Insult and Verbal Abuse Without Witnesses?

Defamation and reputational harm cases are among the cases frequently heard before Saudi courts, particularly due to 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 publish false information about them with the aim of defaming them.

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

Therefore, in this article, we 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 crime.

Filing a Defamation and Reputational Harm Case

Below, we explain the procedures that should be followed to file a defamation and reputational harm case in Saudi Arabia:

• Hiring a Lawyer

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

• Drafting a Legal Memorandum

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

• Collecting Evidence

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

• Submitting the Complaint

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

• Taking the Accused Person’s Statement

The accused is then summoned to provide a statement and undergo investigation.

• Referring the Case to the Public Prosecution

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

Learn more about: the fine for filming and defamation

Requirements for Filing a Defamation and Reputational Harm Case

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

• The Case Must Be Filed by the Affected Person

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

• Legal Capacity

The claimant must have full legal capacity, meaning that they must be an adult and legally competent. If the claimant lacks legal capacity or is a minor, their guardian or legal custodian may file the case on their behalf.

• Actual Harm

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

• Preparing the Statement of Claim

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

• Establishing the Elements of the Defamation Offense

For the offense of defamation to be established, three essential elements must be present: the legal element (the existence of a legal provision criminalizing the act), the material element (the physical act or omission committed against the victim), and the mental element (criminal intent or the offender’s intention).

• Proving That the Published Information Is False

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

• Proving the Offender’s Criminal Intent

It must be proven that the offender 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 the Saudi legal system, and the Saudi legislator has given it considerable attention and enacted deterrent laws to address it. Article (3) of the Anti-Cyber Crime Law provides that:

“Anyone who commits the offense of defaming others and causing them harm through various information technology means shall be punished by imprisonment for a period not exceeding one year, a fine not exceeding SAR 500,000, or either of these two penalties.”

This article indicates that any act intended to damage another person’s reputation or spread false information about them through the internet, social media, or 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 penalty may include imprisonment, a fine, or both.

You can also learn more about: the 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 because you have been defamed by another person, choosing a law firm specializing in such cases can be extremely important because it will be familiar with all aspects of the case, including the filing procedures, requirements, and other related matters.

Nawaf Bin Awad Al-Harbi Law Firm is one of the Saudi law firms you can turn to if you become a victim of defamation. The firm has extensive experience with 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 lawsuit procedures are handled legally and correctly, making the process easier and supporting you in pursuing your rights before the courts.

Conclusion

The procedures and requirements for filing a defamation and reputational harm case are important matters that everyone should understand so that they can take legal action against the offender if they become a victim of this crime, allowing the offender to be held accountable and the victim to seek restoration of their rights and reputation.

The Saudi legal system gives significant attention to this offense 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 more details, you can read: Defamation Case Under Saudi 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 Crime of Defamation in Saudi Arabia?

The elements of the offense include the material element, which refers to the offender committing an act of defamation using one of the available methods, and the mental element, which refers to the offender committing the act voluntarily while knowing that the act violates the law.

How Can I Prove Reputational Harm?

Reputational harm can be proven using all forms of evidence available under the Law of Criminal Procedure. These may include digital evidence, written evidence, witness testimony, as well as questioning of the accused and their confession to the offense.

How Much Is the Fine for Reputational Harm?

A fine for reputational harm is considered a criminal penalty. Therefore, the criminal judge hearing the case determines the penalty, meaning that it is a discretionary punishment when the offense is committed using traditional means.

However, where 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.