JEDDAH: Circulate an e-mail or a text message implicating your business partner or spreading lies about your supervisor’s integrity and you can get away with it. The Cyber Crime Act (CCA), issued by Royal Decree M/18 on Rabi Al-Awwal 7, 1428AH, specifies that defamation on the Internet is against the law and that violators will be punished. However, legal consultant Saeed Al-Huresen says that online defamation still creates problems even though the law clearly lays down the penalty.
“The Cyber Crime Act has not been implemented effectively in order to combat online defamation crimes. These cases are new to Saudi society and the Arab world in general. We need qualified, trained people to deal with these new offenses,” said Al-Huresen.
He explains that online defamation is a statement made publicly, using computers and the Internet, in a way that damages the image or reputation of an individual, specific product, or entity.
According to the CCA, those who misuse technology and use the Internet to defame others or cause them harm can receive a prison sentence of one year and a fine of SR500,000 or both.
The CCA also states that a prison sentence of five years in addition to a fine of SR5 million will apply to those who create websites that defame humanity as well as those who build websites that contain pornographic material.
But none of the above penalties was implemented when Al-Huresen took on a case of defamation in Riyadh recently. The executive manager of a reputable food company received offensive e-mails and text messages — that were also made public — from a known sender. However, the Prosecution and Investigation Board, which deals with cyber crimes according to the CCA, refused to recognize text messages or e-mails as legally admissible evidence.
“The board explained that the messages and e-mails could be easily tampered with,” said Al-Huresen.
But does society recognize the seriousness of online defamation?
Early this year, the National Society for Human Rights (NSHR) began the campaign “I Am Human” in order to combat the trend of defaming young women and to punish anyone who uses technology to publish abusive and offensive information about them.
Mufleh Al-Qahtani, vice chairman of NSHR, told alarabiya.net that the campaign derived its principles from Islam, which states that people should not be subjected to defamation.
Nonetheless, there remains much to be done for people to become aware of the risks and dangers of online defamation.
Samir B. said that it had become usual to find defamatory statements about social figures or prominent businessmen on a variety of websites. “It sometimes gets worse when there are immoral accusations about one person or another and their names, personal data and businesses are mentioned in detail,” said Samir. “I also recall receiving an e-mail with a list of names of ‘dishonest Jeddah girls and boys’ including pictures and personal phone numbers. It was horrifying.”
A Saudi daily reported that Dr. Hani Al-Ghamdi, psychologist, described online defamers as weak and sick and that is why they use the monitor and the keyboard to do or say what their “tongues” cannot. “The Internet is a new and effective tool in our society. It enables everyone to do as they wish according to their beliefs, moods, targets and behavioral backgrounds,” said Al-Ghamdi. “The Internet makes it easy for anyone — with no exception — to air their responsible, sophisticated stream of thoughts. It is also a playground for anyone who suffers from intellectual or behavioral confusion,” he added.
It is not uncommon for online users to ridicule, harass or insult others. But it is unfair to send messages through cyberspace knowing that one is immune from lawsuits.
