Defamation and slander cases in Saudi Arabia have significantly increased in recent years, particularly due to the massive advancements in technology and social media platforms. While these advancements have brought many positive developments, some individuals have misused them for negative and harmful purposes. There is no doubt that the penalties associated with defamation and slander are deserved by those with unethical behavior who deviate from moral and Islamic teachings. Such individuals are clearly following a path that is neither ethical nor religious, and thus, they merit the punishments imposed on them.
المحتوى
To understand these cases, it is essential first to define defamation, slander, and libel and grasp the extent of harm caused by such actions to the victim.
Defamation involves deliberately and intentionally insulting someone’s honor or dignity, disregarding any harm that might result. For example, calling someone a liar or a thief would constitute defamation.
Defamation is undoubtedly a crime and consists of two primary elements: material and moral. The material element, often the focus of legal punishment, involves intentional harm with knowledge of its consequences.
Defamation or slander can also be defined as the use of inappropriate or offensive language against someone, whether true or not, with the intent of diminishing their honor or reputation in society.
Slander, on the other hand, refers to falsely attributing a specific act to someone, whether the act is real or fabricated. Libel occurs when the perpetrator publicly identifies the victim in some manner, often using social media platforms, newspapers, or similar channels.
Courts in Saudi Arabia rule in favor of the victim in defamation and slander cases when the crime is proven. Nowadays, proving such cases is much easier than in the past. Previously, witness testimony was the primary means of evidence. Today, technological advancements have shifted the focus to digital evidence, such as images, messages, and recorded conversations containing the offender’s name.
Evidence, including screenshots of harmful communications, videos, or audio recordings, must directly support the case and clearly identify the offender to hold them accountable. Judges impose discretionary penalties upon the guilty party.
Saudi Arabia leverages advanced technological tools to prove defamation and slander crimes. Victims are encouraged to preserve evidence such as screenshots, videos, and conversations, which experts and specialists examine to confirm the offense. Once verified, appropriate punishment is issued based on the severity of the crime.
Defamation and slander cases are reviewed by criminal courts. These cases involve two types of rights: private and public.
Social Media and Online Communication: Crimes committed via platforms like WhatsApp, Twitter, Facebook, Instagram, text messages, or email are subject to the penalties outlined in the Cybercrimes Law.
In conclusion, Saudi Arabia’s legal system emphasizes the importance of ethics and moral conduct in its rulings on defamation and slander, leveraging modern technology to ensure justice is served.
Defamation and slander cases in Saudi Arabia involve both private rights and public rights, with a priority generally given to private rights. Below is a detailed explanation of these rights in the context of such cases:
Defamation and slander can cause significant emotional and psychological harm to the victim, making it crucial to hold the perpetrator accountable for their actions.
Public rights pertain to the collective interest of society. These rights are invoked in cases involving acts that:
While private rights are more common in defamation and slander cases, public rights also play a significant role due to the broader consequences such crimes can have, such as spreading corruption and immoral behavior within society.
Whether a defamation and slander case involves private or public rights, it is essential to consult with a specialized attorney. A skilled lawyer can:
By relying on legal expertise, individuals can navigate the complexities of the legal process and ensure that justice is served, whether they are the victim seeking restitution or the accused defending against allegations.
