The Element of Publicity in the Crime of Spreading Electronic Rumors in Accordance With the Provisions of Federal Decree-Law No. (34) Of 2021 Regarding Combating Rumors and Electronic Crimes

A Comparative Analytical Study

Authors

  • Mayed Ali Almaeeni University of Sharjah/ College of Law
  • Dr. Abdulellah Al Nawayse University of Sharjah/ College of Law

DOI:

https://doi.org/10.35246/raabvm48

Keywords:

Publicity, Rumors, Private Pillar, Moral Pillar

Abstract

Publicity in the crimes of spreading rumors is one of the most prominent determinants of the crime, as publicity is the method and method adopted by the perpetrator of the crime of spreading rumors in promoting them in order to achieve the goals he wants. The study aims to shed light on the position of the UAE legislator in Federal Decree-Law No. (34) of 2021 regarding combating rumors and cybercrimes in explaining and defining the element of publicity in the crime of spreading and promoting rumors, and the impact of this element on the elements of crime, and the position of the UAE judiciary towards it. The study relies on the descriptive approach by describing the subject from the quantitative survivor, and the analytical approach by analyzing the position of the UAE legislator and the UAE judiciary on the element of publicity in the crimes of spreading rumors, with a statement of the position of the Egyptian legislator in some places when needed.

At the end of the research, we reached an important conclusion that the crime of spreading and promoting rumors is one of the crimes of publicity, meaning that the UAE legislator required the availability of publicity in this crime. At the end of the research, we find it appropriate for the UAE legislator to add the definition of publicity in the first article of the Anti-Rumors and Cybercrime Law, and to indicate its characteristics and means.

Downloads

Download data is not yet available.

References

I. Abdel Muhaimin Bakr: The Special Section of the Penal Code Crimes Harmful to Public Interest - State Security Crimes (Cairo, Dar Al-Nahda Al-Arabiya, 1999)

II. Abdel Muttalib, Ihab, The Modern Criminal Encyclopedia in Explaining the Penal Code According to the Latest Amendments (Cairo, Judges Club, 2010)

III. Ahmed Shawky Omar Abu Khatowa: Crimes against Persons in the Federal Penal Code of the United Arab Emirates, A Comparative Study, First Edition, (Cairo, Dar Al-Nahda Al-Arabiya, 1990)

IV. Al-Zayat, Ahmed et al., The Intermediate Dictionary, (Istanbul, Dar al-Da'wa, Istanbul, 1993)

V. Ben Gates: "Informatics after the Internet is the way to the future" - translated by Mr. Abdul Salam Radwan, (Kuwait, National Council for Culture, Arts and Literature, Knowledge World Series, 2022)

VI. Hamad Abdel Azim Al-Masri: The Legislative Confrontation for Terrorism Crimes, (Cairo, Dar Al-Nahda Al-Arabiya, 2018)

VII. Hosni Al-Jundi: The Federal Penal Code, Book Two, (Cairo, Dar Al-Nahda Al-Arabiya, 2017)

VIII. Hosni Al-Jundi: The Penal Code, (Cairo, Dar Al-Nahda Al-Arabiya, 2014)

IX. Ihab Abdel Muttalib: The Modern Criminal Encyclopedia in Explanation of the Penal Code, Part Two, (Cairo, National Center for Legal Publications, 2007)

X. Melhem Mohammed Saleh: The crime of slander in rape and indecent assault in the Jordanian penal legislation, (Amman, Dar Zahran for Publishing and Distribution, 2016)

XI. Mohamed Mahmoud Said: Crimes of Terrorism: Their Substantive Rulings and Prosecution Procedures, (Cairo, Dar Al-Fikr Al-Arabi, 1995)

XII. Muhammad Ali Swailem: The Federal Criminal and Penal Code in the United Arab Emirates commenting on it with the sayings of jurisprudence and judicial rulings Part 1 (Articles 1 to 236) General provisions Crimes against state security, (Dubai, Dar Al-Nahda Al-Ilmiyya, 2023)

XIII. Najati Sayed Ahmed Sanad - Explanation of the Penal Code - Special Section - Crimes of Assault on Persons and Property - (Cairo, Dar Al-Nahda Al-Arabiya, 2007)

XIV. Omar Al-Saeed Ramadan - Explanation of the Penal Code, Special Section, (Cairo, Dar Al-Nahda Al-Arabiya, 1986)

XV. Ramses Behnam: Penal Code, Special Section Crimes, (Cairo, Dar Al-Nahda Al-Arabiya, 2013)

XVI. Sherif Sayed Kamel: Explanation of the Penal Code, General Section, (Cairo, Dar Al-Nahda Al-Arabiya, 1999)

XVII. Yusr Anwar Ali: Explanation of the General Theory of Criminal Law, (Cairo, Dar Al-Nahda Al-Arabiya, 1990)

Second: Specialized Books

XVIII. Abdel Fattah Ould Babah: Criminalization and Punishment of Rumours in Arab Legislation and International Law, (Algeria, Dar Houma, 2015)

XIX. Awad Muhammad Mohieddin, Publicity in the Penal Code, (Cairo, Al-Nasr Press, 1995)

XX. Mohamed Abdullah Mohamed: Publishing Crimes, (Cairo, Dar Al-Nahda Al-Arabiya, 2018)

XXI. Yusr Anwar Ali: Explanation of the General Theory of Criminal Law, (Cairo, Dar Al-Nahda Al-Arabiya, 2014)

Third: Research and Articles

XXII. Abdelati Hossam El-Din (2019) Rumors in the Light of Sharia and Law, Law and Rumors Conference, Tanta University 22 - 23 March 2019

Fourth: Laws

XXIII. Federal Decree-Law No. 31 of 2021 Promulgating the UAE Criminal and Penal Code

XXIV. United Arab Emirates - Federal Decree-Law - No. 34 of 2021 issued on 2021-09-20 Published on 2021-09-26 Effective from 2022-01-02 on combating rumors and cybercrime. Official Gazette 712 Supplement - Fifty-first Year

Fifth: Judicial Rulings

XXV. Federal Supreme Court - Appeal No. 69 S19 s penal 11 February 1998 Technical Office S20 C 1 p 27.

XXVI. Abu Dhabi Cassation - Appeal No. 846 of 2019 Session of 25 August 2019 Technical Office S13 C 2, S 167, P 742.

XXVII. Appeal No. 3945 of 59, session of 31/10/1991, s. 42, p. 180.

XXVIII. Appeal No. 11803 of 60 Session 21/11/1996 S47 p. 117.

XXIX. Appeal No. 21022 of 62, session of 9/1/2001, s. 52, p. 112.

XXX. Appeal No. 983 of 7, session of 21/3/1938, Quarter of a Century Group, p. 732.

XXXI. Appeal No. 34 of 11, session of 2/12/1940, Quarter of a Century Group, p. 725.

XXXII. Court of Cassation - Criminal Judgments - Appeal No. 615 of 2016 Judicial Date 2016-08-29 Technical Office 27 Page No. 593 Rule No. 71

XXXIII. Court of Cassation - Criminal Judgments - Appeal No. 356 of 2000 Judicial - Criminal Chamber - Date 2001-03-10 Technical Office 12 Part No. 1 Page No. 1081 [Reject] Rule No. 14

XXXIV. Court of Cassation - Criminal Judgments - Appeal No. 742 of 2017 Judicial - Criminal Chamber - dated 2017-12-18 Technical Office 28 Page No. 602 [Appeal rejected] Rule No. 75

XXXV. Raouf Obeid: Practical Problems in Criminal Procedures, (Cairo, Dar Al-Jeel Printing, 1997), p. 29.

XXXVI. Fraud, crime - its elements, cassation - grounds of appeal - what is not accepted The rule issued in 2022 penalty included in the judgment of the Court of Cassation - Dubai on 05-09-2022 in Appeal No. 603 / 2022

XXXVII. Ordinary slander without the use of an information technology or computer network means is subject to the provisions of Article No. 372 of the UAE Penal Code No. 3 of 1987.

XXXVIII. Threat, crime - its elements, cassation - interest in appeal, judgment - causation - non-defective reasoning The rule issued in 2024 is a penalty that was included in the judgment of the Court of Cassation - Dubai on 14-02-2024 in appeal No. 2023 / 818 penalty

Downloads

Published

2026-04-01

How to Cite

Almaeeni, Mayed, and Abdulellah Al Nawayse. 2026. “The Element of Publicity in the Crime of Spreading Electronic Rumors in Accordance With the Provisions of Federal Decree-Law No. (34) Of 2021 Regarding Combating Rumors and Electronic Crimes : A Comparative Analytical Study”. Journal of Legal Sciences 40 (4): 235-63. https://doi.org/10.35246/raabvm48.

Similar Articles

1-10 of 65

You may also start an advanced similarity search for this article.