Cybercrime has been on steady rise at a global level with the rapid advancement of technology across all sectors. Fake calls, phishing, impersonation and other means of fraudulent actions are employed by the scammers in order to dupe customers.
If you have become a victim of impersonation online, the below action points may be relevant for you.
Applicable Law in the UAE
Cybercrime Law
In the UAE, cybercrimes are restricted and regulated under the Federal Decree Law No 34 of 2021 Concerning the Fight Against Rumours and Cybercrime. Under Article 11 of the Cybercrime Law, if a person has created a fake website or an email account under which such person is pretending to be another person, such person is liable to be punished. The punishment includes detention and fines which may range between AED 50,000 to AED 200,000.
In case the perpetrator uses the fake account, email or website in a manner which abuses the victim, imprisonment would be for a period of at least 2 years. The punishment is stricter if a state institution’s website, or account or email is fabricated.
Article 11 of the Cybercrime Law is extracted below for reference.
- Everyone fabricates a website or electronic account or mail and falsely ascribes the same to a natural or juristic person shall be sentenced to detention and/or to pay fine of not less than (50,000) fifty thousand Dirhams and not more than (200,000) two hundred thousand Dirhams.
- The penalty shall be detention for a period of not less than (2) two years, if the culprit uses or enables another person to use the fabricated account, mail or website in a matter that abuses the victim.
- The penalty shall be detention for a period of not more than (5) five years and paying fine of not less than (200,000) two hundred thousand Dirhams and not more than (2,000,000) two million Dirhams, if the crime is committed by the fabrication of a website or an electronic account or mail of a state institution.”
Additionally, imprisonment of not less than one year and/or fines may be imposed on a person who is impersonating oneself online in order to obtain either a movable property, documents or a signature on the document or other benefits. This is provided under Article 40 of the Cybercrime Law.
Article 40 of the Cybercrime Law is extracted below.
“Everyone unduly seizes for himself or for others movable property, benefit, document or signature of such document, by adoption of a fraudulent manner, using false name or impersonating oneself through the information network, electronic information system or information technology method shall be sentenced to detention for a period of not less than one year and/or to pay fine of not less than (250,000) two hundred fifty thousand Dirhams and not more than (1,000,000) one million Dirhams.”
UAE Penal Code
Additionally, under the Federal Decree Law No 31 of 2021, commonly known as the UAE Penal Code, any person who pretends to hold a public office is liable to be punished with jail under Article 299. Similar penalties may be imposed if a person impersonates a public official and assumes any of its duties or activities to obtain a benefit.
What to do if someone impersonates you?
If you have been falsely impersonated, you would need to initiate a criminal action against the perpetrator. For this, the first step would be to file a verbal or a written complaint to the police. The police will refer the complaint to the relevant department of the police station, who will be responsible to investigate the offense.
Once the police department has investigated the offense, the matter will be referred to the public prosecutor, who is part of the judiciary and authorized to investigate crimes. The public prosecutor has the power to summon the complainant and the accused, who can bring witnesses to support their case.
The public prosecutor, based on the evidence collected, may decide to not pursue the matter.
In case the public prosecutor deems that there is sufficient evidence against the accused, it will set out the charges imputed on the accused and refer the matter to the criminal court.
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