Ajman Court Clears Two Men of Instagram Vice Charges Due to Lack of Evidence
An Ajman court has acquitted a Gulf national and another man who were accused of exchanging sexual messages on Instagram in a case that hinged on the authenticity of the online accounts.
Case background
The matter began with a complaint filed by the husband, who alleged that his wife and another man had engaged in sexual conversations through Instagram. Both defendants denied any connection to the accounts during police questioning and Public Prosecution investigations.
Court ruling and legal basis
The Third Misdemeanour Circuit of the Ajman Federal Court of First Instance found that the prosecution had not proved the defendants’ involvement in the disputed Instagram accounts and therefore could not sustain the charges under Article 362(3) of Federal Decree‑Law No. 31 of 2021. The court acquitted both men under Article 211 of the Federal Criminal Procedure Law, which provides for acquittal when the alleged offence has not been established. The judgement stressed that criminal convictions must rest on reliable evidence rather than suspicion or speculation, and that any reasonable doubt must be resolved in favour of the accused.
Defence arguments
The defence maintained that the allegations were fabricated amid an ongoing marital dispute. The lawyer representing the wife said the husband had obtained a duplicate SIM card linked to her telephone number, used it to download social‑media applications and then fabricated the messages cited in the complaint. The defence also pointed out that the husband had previously made similar accusations that ended in acquittals because of insufficient credible evidence, and argued that the current proceedings were intended to undermine the wife’s financial rights and child‑custody claims in their divorce.
Investigative challenges and appeal
Police and the Public Prosecution were unable to link either defendant to the Instagram accounts in question. Inquiries with the relevant electronic‑crimes departments yielded no definitive evidence identifying the account holders. Authorities noted that Instagram’s operator is based outside the UAE, making it impossible to obtain the required account data without a specific judicial order. The defence further challenged the evidentiary value of a mobile phone submitted as evidence, asserting that investigators had failed to show the device belonged to the wife.
The court’s decision was based on technical gaps and doubts over the authenticity of the messages, which left insufficient evidence to establish guilt. The Public Prosecution has appealed the acquittal. The defence has submitted additional memoranda urging the appellate court to uphold the acquittal, and the appeal remains under consideration.
