Dubai paper stands firm on UK libel case

LIBEL CASE: Gulf news named the British property developer in an article in April 2008. (Getty Images)

Gulf News is refusing to pay GBP25,000 ($40,992) libel damages to a British property developer following an article it ran claiming he owed money to Dubai real estate investors.  

On July 15, the Dubai-based daily paper was ordered by the English High Court to compensate Mark Emlick of Strategic Property Investments after naming him in a real estate article in April 2008.  

The article said that Emlick owed cash to property investors in the Bonnington Residence, Jumeirah Village South. Emlick subsequently sued the paper in the UK, where libel law allows such a case to be heard, saying his reputation had been tarnished by the article.  

But the newspaper dismissed the ruling on Wednesday, insisting the case should have been held in the UAE where the English court had no jurisdiction.   

“We can prove our story in a court in the UAE that has the authority to hear the matter,” said Abdul Hamid Ahmad, Gulf News’ editor-in-chief.

He also said Emlick declined to comment when approached by Gulf News about the allegations after the paper had been contacted by concerned investors.

“Subsequently, Emlick was given the opportunity to tell his side of the story on several occasions, but he chose not to,” Ahmad added. “Gulf News adhered to the UAE Publications Law and the media code of ethics by asking him repeatedly to respond to investors’ concerns but to no avail. Emlick was given the opportunity to defend himself.”

The paper said there was no need to contest a case that had no influence over UAE-related matters.

“We will follow the UAE’s law. If the case comes here, we will contest it,” Ahmad said.

He added the paper was not questioning anyone’s right to complain about newspaper reporting. “That is not an issue for us. Our concern is the matter of jurisdiction.”

Following its initial report, Gulf News said it published a follow-up story on May 6 stating the money had been returned to investors.   

Responding to the English High Court’s ruling, Ebrahim Al Abed, director general of the National Media Council, reportedly said the case should have been heard in the UAE.

When quoted in Gulf News, Al Abed said: “The UAE legal system has appropriate and effective legislation for dealing with cases of alleged libel. The Press and Publications Law, passed in 1980, also provides for court action to be taken in the event of cases of alleged libel. There have been several court judgments to deal with those responsible for the publication of libels,” he noted.

“While we have the greatest respect for the English legal system and the exemplary standards that it embodies, we believe that in this case, involving a libel alleged to have been committed in the UAE, recourse to the UAE legal system would, in the first instance, have been appropriate.

“Referral of the complaint to the UAE courts, for a judgment under prevailing UAE legislation, would have permitted a legal review within the context of the society and legal system within which the alleged libel was committed,” he concluded.

Print | Email | Discuss this article

| Share |

READERS' COMMENTS

Gulf News Libel Case.
Posted by Serge, Villebois-Lavalette, France on Wednesday 29 July 2009 at 12:55 UAE time


It is all a question of credibility and confidence in the system. The powerful and influential in the UAE will always sway decisions in their favour. However, no one has the courage to admit it.
The principal here is who was right and who was wrong? If Guld News were at fault then the Media authority should have stepped in straight away without a case in the Uk needing to be initiated. They do not and never will.

Pointless to sue them here
Posted by J Fernan, Dubai, UAE on Wednesday 29 July 2009 at 11:38 UAE time


Gulf news is owned by a powerful UAE family, I don't think the court ruling would have been balanced if the case took place here, i totally see why the guy went to the UK, at least his reputation would be partially restored and he saved himself of dealing with local politics.

Double Standards
Posted by Ella, Dubai, UAE on Wednesday 29 July 2009 at 11:12 UAE time


To be honest this is double standards as per usual. The Gulf News is an internation brand. They stated that they stand byt any court in thr world but when the UK Courts rightfully make a decision, suddenly they only stand by the UAE courts in which they would be fine!!! DOUBLE STANDARDS Gulf News. Stand by your stories!!!

Libel laws
Posted by Jeremy Pinnington, Dubai, UAE on Wednesday 29 July 2009 at 11:09 UAE time


If the libel laws are anything like the bankruptcy laws then you can't blame the guy for having the case heard in the UK.

Click here to post a comment

Add your Comment All posts are sent to the administrator for review and are published only after approval. ArabianBusiness.com reserves the right to remove any comment at any time for any reason. Please keep your responses appropriate and on topic. Arabian Business would like to point out that only comments relevant to the story will be published. Any containing personal insults or inappropriate language will not be approved.
Name *
Remember me on this computer
Email *	(Your email address will not be published)
City
Country
Subject *
Comment *
Notify me of further comments
Enter the words above *
Please click post only once - your comment will not be published immediately.

MORE FROM ARABIANBUSINESS.COM