Know Oman: Using emojis maliciously can land you in trouble

 Using emojis to harass or abuse people online is considered as an offence in the Sultanate, a legal expert in the country has said.

Both citizens and residents of the country can face criminal prosecution for insult, online slander, harassment and/or threat under the laws of the Sultanate.

In a series of articles about Oman’s rules and regulations, titled “Know Oman”, experts guide readers on their rights and responsibilities while working and living in Oman.

Speaking exclusively to Times of Oman, representative of Al Faqih & Co., one of the leading law firms in Oman, explained the law and the potential legal actions regarding the incorrect use of emojis on social media.

“Such wrongful use of emojis can lead senders to be fined, jail time and/or deportation given the contents of emojis and the context of a particular online communication on WhatsApp and other social media” said Yasin Chowdhury, Partner and Head of Corporate Advisory at Al Faqih & Co.

“Emojis though widely perceived as a whimsical, humorous or light-hearted adjunct to our online communications particularly on WhatsApp and other social media, indiscriminate use of them can pose a real risk of facing criminal action in the court in appropriate instances,” he added.

He continued: “For example, sending a pregnant male emoji or middle finger emoji may be considered as an insult and may be punished with fine or imprisonment under Articles 326 and 327 of the Penal Code of Oman.

“Article 326 clearly states that whoever defames another by attributing to him, using a means of publicity, an incident that subjects him to ridicule, shall be punished by imprisonment for a period no less than a month and not exceeding a year, and a fine no less than OMR500 and not exceeding OMR1,000, or one of those two punishments,” added Chowdhury.

“Whereas Article 327 states that whoever publicly insults another, by directing at him phrases that violate his honour or dignity shall be punished by imprisonment for a period no less than 10 days and not exceeding six months, and a fine no less than OMR200 and not exceeding OMR500, or one of those two punishments,” he added.

The legal expert also pointed out that sending emojis of certain animals such as a fox, dog or pig may also be punishable under the applicable provisions of the Penal Code. Likewise, sending the emoji of a gun, knife or similar kinds may be treated as a threat and be punished under Article 324 of the Penal Code with fine or imprisonment.

“The Article that whoever threatens another person, using any means, to commit a misdemeanour or harmful act on that person or someone that concerns him, shall be punished by imprisonment for a period no less than 10 days and not exceeding a year, a fine no less than OMR100 and not exceeding OMR1,000, or one of those two punishments,” explained Chowdhury.

“If the threat is to commit a felony, the punishment shall be imprisonment for a period no less than six months and not exceeding three years,” he added.

Moreover, sending an emoji of kiss and inappropriate contents particularly to women on WhatsApp or other social media platforms can very likely to lead to jail time for indecent acts per the Penal Code.

“Article 265 states that whoever publicly commits or utters an indecent act or statement shall be punished by imprisonment for a period no less than 10 ten days and not exceeding three months, and a fine no less OMR100 and not exceeding OMR300, or one of those two punishments,” Chowdhury said.

He added: “another Article, 267, states that whoever creates, distributes, publishes, or displays, even if not done in public, a book, a publication, drawings, photographs, films, symbols, or other effects offending modesty or violating public morals shall be punished by imprisonment for a period no less than 10 days and not exceeding a year, and a fine no less than OMR100 and not exceeding OMR300, or one of those two punishments.

“Lastly, Article 268 states that whoever uses wired or wireless communication devices, or electronic media, statements, photographs, applications, or any other means, to communicate statements, photographs, or applications contrary to public morals or ethics shall be punished by imprisonment for a period no less than 10 ten days and not exceeding a month, and a fine no less than OMR100 and not exceeding OMR300, or one of those two punishments.” Chowdhury said. 

Al Faqih & Co. ([email protected]) is a premier commercial law firm based in Muscat consisting of barristers, consultants, and advocates with vast experience in corporate and commercial practice, including labour and employment law in Oman.

The objectives of the firm are, inter alia, to provide a full spectrum of corporate and commercial legal services to a variety of clientele in an efficient, effective and timely manner. It has specialisation in litigation and arbitration, banking & finance, international trade, shipping and aviation, private equity, and foreign investment laws.