Bahaa Helmy Writes: Crimes of Insult and Defamation on Internet Sites

Anyone who writes or circulates any phrases containing words of abuse, insult or defamation against any other person on social media is making a mistake.

Those who commit these crimes published on social media on the internet may be charged with several crimes, such as “public insult by publication on social media – public defamation by publication on social media on the internet – insulting a public official in the cases specified by law – misuse of means of communication for the purpose of committing those crimes – spreading rumours and false news, and other crimes provided for in the Penal Code and the Anti-Cyber and Information Technology Crimes Law”.

Insult is abuse with any words or phrases that offend a specific person and injure his honour and reputation, whereas defamation is the attribution of a specific fact to a specific person – which would entail legal punishment if true – with the aim of offending him, injuring his honour and exposing him to the contempt of his fellow citizens. The law also punishes insulting a public official because of the performance of his duties.

As long as the abuse, defamation and insult are published on social media on the internet and seen by any number of people without distinction, publicity has been established.

These crimes are usually intentional and carry ill intent if the words in themselves injure honour and reputation, depart from the principles, morals and values of society and degrade the victim.

Anyone who thinks that pressing a finger on the “Share” button on a message he has received containing abuse, insult and defamation against a person, so as to publish it on social media where it is seen by a number of people without distinction, is a normal matter is mistaken.

The law punishes anyone who publishes insult, defamation or an affront against a specific person with specific words or facts, whether by creating or managing a website or a private account on an information network with the aim of committing those crimes, or by violating the sanctity of private life and other crimes (relating to attacks on the sanctity of private life and illegal information content, which we will address in another article), as soon as the injured party files a personal complaint with the investigating authorities, accompanied by a copy of the post as shown on a phone screen, for example.

We are addressing the subject of insult, defamation and insulting a public official through publication on social media on the internet for four main reasons: the growing phenomenon of committing these crimes; second, the increase in the number of lawsuits, whether before the criminal courts or the economic courts according to the subject-matter jurisdiction of each; the third reason, the weak legal culture of many of our young people; and the fourth reason, the ease of use and the degraded culture of some internet users under the pressure of the desire to prove their existence or to gather viewers to make money.

The penalty for any of the above crimes may be imprisonment and a fine, with civil compensation to the injured party for the material and moral damage he suffers.

The impact and psychological pain suffered by any innocent person as a result of being insulted, abused and defamed on social media without right is not bullying; rather, it is one of the crimes of insult and defamation and of misuse of social media, and an attack on the values of society, and it has very bad moral, psychological and health effects, whether on the injured party, on his family and relatives, or on society as a whole.

If we do not tame ourselves in commitment to principles, morals and respect for others, the rhythm and use of our fingers on social media on the internet will not be controlled.

Perhaps taking care and caution and not hurrying to circulate writings, posts or pictures containing abuse, insults, defamation or affronts to any persons is the only refuge to avoid falling foul of the law. So beware of breaking the law.