A minor was convicted of filming a traffic accident… and his father was fined 10,000 dirhams

A minor boy filming a traffic accident and publishing it on social media led to his criminal conviction, and his father (in his capacity as natural guardian) being obligated to pay compensation of 10,000 dirhams to the driver of the vehicle shown in the video clip.

The Al Ain Court of Civil, Commercial and Administrative Claims stated that the defendant, as the guardian of the minor who caused the harm to the plaintiff, is legally obligated to monitor his son, but he did not prove to the court that he carried out his supervisory duties.

In detail, a person filed a lawsuit against a man, in his capacity as the natural guardian of his minor son, demanding that he be obligated to pay him 100,000 dirhams in compensation for the material and moral damage to his reputation and reputation, in addition to fees and expenses and for legal fees, on the basis that his son photographed the vehicle he was driving that was involved in an accident, and published the clip on social media, without his knowledge or consent, pointing out that the video clip was widely spread.

While the criminal conviction of the defendant’s son was confirmed, the defendant submitted a responsive memorandum at the conclusion of which he requested that the case be dismissed, while obligating the plaintiff to pay fees and expenses and for attorney’s fees.

For its part, the court stated in the merits of its ruling that what is established, from reviewing the papers, documents and a copy of the criminal ruling issued against the defendant’s son, is that he committed an act that would disturb public order, by publishing the video clip using an information technology means.

She pointed out that this illegal act – on the basis of which the criminal lawsuit was filed – is what the plaintiff relies on in his civil lawsuit. The criminal ruling had ruled to convict the accused (the defendant’s son) due to the accusation against him of photocopying and publishing being proven, and therefore that ruling had made a necessary decision on the occurrence of the act that constitutes the common basis between the criminal and civil lawsuits, and on the legal description of this act, and its attribution to its perpetrator.

Regarding the request for compensation, the court stated that any harm to another obliges the perpetrator, even if he is not discerning, to guarantee the harm, pointing out that the mistake of the defendant’s son is established, and it has resulted in harm to the plaintiff, represented by the psychological and material pain he suffered, and with the presence of a causal relationship between the error and the harm, the defendant is legally obligated to compensate.

It indicated that the plaintiff filed his lawsuit against the defendant in his capacity as the guardian of his minor son who caused the damage, and he did not prove to the court that he carried out his supervisory duties over him, and therefore his responsibility and obligation to pay the compensation awarded to the plaintiff was proven.

The court ruled to oblige him to pay compensation in the amount of 10,000 dirhams, and 300 dirhams for legal fees.