Dubai’s Court of Appeal has overturned the conviction of an Arab man accused of insulting his sister-in-law through offensive WhatsApp status posts, ruling that the evidence presented was insufficient and unreliable.
The case stemmed from family disputes, during which the complainant claimed the man posted insulting phrases on his WhatsApp status, including statements implying life and homes were better without his brother’s wife, likening her to a “scorpion.” She argued that these posts directly insulted her and damaged her dignity.
A court of first instance initially found the man guilty, fined him Dh5,000, ordered the confiscation of his mobile phone, and directed the deletion of the alleged posts. The defendant appealed the ruling, denying that he authored the messages and arguing that the screenshots presented could have been fabricated or altered.
Upon review, the Court of Appeal cited a forensic electronic report stating that the alleged WhatsApp status posts could not be technically verified because such posts automatically disappear after 24 hours. Investigators also found no stored digital evidence or messages containing the disputed phrases on the defendant’s device.
The court further noted the existence of prior family conflicts between the parties, which raised doubts about the credibility of the accusation. It ruled that the evidence failed to meet the level of certainty required for a criminal conviction and stressed that any doubt must be resolved in favor of the accused.
As a result, the appeal court annulled the earlier judgment and acquitted the defendant, reaffirming the principles of presumption of innocence and the need for solid technical proof in cybercrime and online insult cases.
