Anti-Harassment Law in Saudi Arabia

The Anti-Harassment Law in the Kingdom of Saudi Arabia is a set of legal rules addressing the crime of harassment, its penalties, and the procedures for prosecuting those suspected of the crime. The law, originally issued on May 31, 2018, included eight articles. In 2021, a new paragraph, numbered three, was added to Article Six. This addition focuses on preventing harassment, addressing the crime, imposing penalties on perpetrators, and safeguarding victims by protecting their privacy, dignity, and personal freedom.

The Anti-Harassment Law in the Kingdom defines the crime of harassment as any utterance, act, or gesture of a sexual nature made by a person that impinges on another person’s body, honor, or modesty by any means, including modern technologies.

The Anti-Harassment Law in the Kingdom aims to combat the crime of harassment, prevent its occurrence, punish perpetrators and protect victims, in order to preserve the privacy, dignity and personal freedom of individuals guaranteed by Sharia and law.

As per Article Three of the law, a victim’s non-filing or withdrawal of a complaint does not preclude the competent entities from taking any action they deem to serve the public interest, in accordance with the provisions of the Law of Criminal Procedures and other relevant laws. A person who witnesses a case of harassment may report the incident to the competent entities to take action.

The Anti-Harassment Law in the Kingdom, under Article Four, requires any person who, by virtue of his work, becomes privy to any case of harassment to maintain the confidentiality. The identity of the victim may not be disclosed, except in the course of evidence collection, investigation, or trial.

Article five of the law stipulates that the relevant entities within government and private entities sets measures necessary to prevent and combat harassment in the work environment, including:

- A mechanism for receiving complaints within the entity.

- Procedures necessary for verifying the complaints and maintaining confidentiality thereof.

- Publication of such measures and informing staff thereof.

The relevant entities within government and private entities must take disciplinary measures against any of their personnel in case of any violation of the provisions of this law, in accordance with their applicable procedures. Disciplinary measures according to this article do not prejudice the victim’s right to file a complaint with the competent entities.

Article Six of the Anti-Harassment Law addresses penalties imposed on harassment perpetrators, as follows:

First: Subject to paragraph Two of this article, and without prejudice to any penalty prescribed by Sharia or any harsher penalty provided for by any other law, any person who commits a crime of harassment is subject to imprisonment for a period not exceeding two years and a fine not exceeding SAR100,000, or to either penalty.

Second: The crime of harassment is punishable by imprisonment for a period not exceeding five years and a fine not exceeding SAR300,000, or by either penalty, in case the offense is repeated or coupled with any of the following:

- If the victim is a child.

- If the victim is a person with special needs.

- If the perpetrator has direct or indirect authority over the victim.

- If the offence occurs in a workplace, place of study, shelter, or care center.

- If the perpetrator and the victim are of the same gender.

- If the victim is asleep, unconscious, or in any similar state at the time of the crime

- If the crime occurs in times of crisis, disaster, or accident.

Third: The ruling that specifies the penalties mentioned in this article may include a provision requiring the convicted person to bear the cost of publishing a summary of the ruling in one or more local newspapers. This publication must occur only after the ruling has become final.

Any person who incites, conspires with, or assists others in any manner to commit a crime of harassment is subject to the penalty prescribed for the crime. Any person who attempts to commit a crime of harassment is subject to a punishment not exceeding half the maximum prescribed penalty. Moreover, any person who submits a malicious report of a crime of harassment or maliciously claims to be a victim thereof shall be subject to the penalty prescribed for the crime of harassment.