A prank turns into a nightmare!
Two men who have a long friendship and work relationship, a discussion took place between them, and one of them sent a text message to the other containing an obscene word as a joke, without having the slightest doubt about the possibilities of his friend’s anger, but he was surprised that the latter filed a complaint against him, and all attempts at reconciliation failed, and a case was registered, He was convicted!
This incident is frequent, and it is not limited to friends only, as there are cases filed between spouses and siblings, and this leads us to one fact, which is that a simple message that may be for the purpose of joking, or admonition, may turn into evidence that leads its owner to the courts and conviction!
The question that arises from the reality of the lawsuits we are witnessing is, have people changed? And why has the space for tolerance narrowed?
What could drive a wife to sue her husband for an angry letter? Or a brother who reports his brother, even though we have inherited a culture of tolerance, understanding and appreciation?
Technical experts, psychology and sociology consultants, and related parties have concluded that the effect of what is written in a text message is completely different from what we pronounce, as written words arrive rigid and abstract, bearing only their meaning!
As for what we utter, it depends on our facial expressions, the tone of our voices, and the way we represent what we say. It is possible for one of us to joke with his friend verbally with a word or phrase that is considered insulting on a different occasion, so the other laughs, and he responds to the same joke, while the context is completely different if the word was written. As it may reach its recipient late when he is in a mood that does not allow him to accept it!
The foregoing requires us to realize an important reality, absorb it and act according to it, which is that what we write remains documented and can be turned against us tomorrow or the next week, and even three months represents the maximum inference for electronic insult crimes.
We must be aware of the legal consequences of this behaviour. According to Article 43 of Decree-Law No. 34 regarding combating rumors and cybercrime, imprisonment and a fine of no less than 250,000 dirhams and no more than 500,000 dirhams, or one of these two penalties, shall be imposed on anyone who insults or insults others. Ascribing to him an incident that would make him subject to punishment or contempt, by others, by using an information network or one of the information technology means.
We must be aware of an important fact, which is that the courts are sometimes merciful towards those involved in insult crimes and apply to them a reduced sentence, but strict rulings were issued by the Supreme Court, regarding convicts, against whom the Public Prosecution demanded in its appeals the application of the Anti-Cyber Crime Law!
The point is that the consequences may be dire, and there are several cases of people who have suffered a lot because of a word or phrase that was issued by them in a state of anger or a moment of joking, so we must think a lot before pressing the send button.
Arbitrator and legal advisor
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