In contemporary society, social media has become an inevitable communication tool. People use it to share pictures and videos of their daily activities with friends. The responsible use of social networks is a necessity because cases of cybercrime have been on the rise in the past two decades. In many countries, people share the type of content they want because their governments protect their freedom of expression. However, the use of social media in the UAE is highly monitored and regulated by certain laws and regulations. For instance, the Cyber Crimes Law, Copyright Law, and the NMC’S Electronic Media Regulations offer guidance on what people can and cannot do. They also enumerate specific cybercrime offenses that should be avoided, as well as the consequences of disobedience. The avoidance of legal liability while using social media in the UAE involves abiding by the stipulations of the aforementioned laws and regulations.
Relevant Laws and Regulations
There are several laws and regulations that control social media usage in the Emirates: Cybercrime Law, NMC’s Electronic Media Regulations, Copyright Law, and the Penal Code. Each of these laws provides different directions regarding people’s online conduct and the consequences involved if they are violated. The Arab Spring led to the passing of legislation to prevent criticism of the UAE authorities on online platforms.
The Cybercrime Law
The legislation’s notable provisions include Article 20 (defamation), Article 17 (material that compromises public morals), Article 35 (contempt of religion), Article 24 (information that harms national unity), and Article 29 (state security) (“UAE Government”, 2018). Any material that is posted on a social media platform that violates any of these laws is punishable by a fine or jail term. The law has been tightened to impose harsher sentences for individuals who share information that is aimed at inciting others against the country’s interests. For instance, in 2017, it was amended to incorporate jail sentences of up to 15 years for individuals who sympathize with Qatar (“UAE Government”, 2018).
The Penal Code
This regulation contains several provisions that protect people’s privacy. For instance, it criminalizes the transmission of pictures without the permission of the owners. In addition, it postulates that disclosing confidential information or secrets regarding a person’s private life without their consent is illegal.
The Copyright Law
The law protects the privacy of individuals by prohibiting the distribution or display of their images without their authorization (“United Arab Emirates”, 2018). The legislation is not as restrictive as the other regulations. However, social media users should be aware of its stipulations in order to avoid legal liability resulting from the use of other people’s pictures on social media platforms. The display of a person’s image on any website requires their consent.
How to Avoid Legal Troubles
As mentioned earlier, the use of social media in the UAE is regulated by several laws and regulations. Individuals can take several measures while using social networking sites in order to stay away from legal troubles. These include respecting people’s privacy and confidentiality, avoiding posting people’s pictures without their consent, refraining from spreading rumors or gossip, shunning illegal online channels, and respecting Islamic morals and values (Za’za, 2015).
Seek Consent to Post Strangers’ Pictures
According to Article 21 of the Cyber Crimes Law, it is illegal to take pictures of people and post them online without their permission (“UAE Government”, 2018). In many countries, public photography is allowed. However, in the UAE, the consent of individuals is needed in order to display their images online. The law states that taking pictures without permission can attract a prison sentence of not less than 6 months and a fine of AED 150,000 (“UAE Government”, 2018). Such photography is considered a violation of other people’s privacy. In that regard, anyone taking pictures must seek the permission of the people involved in order to eschew legal troubles (“5 social media rules,” 2016). Moreover, the Penal Code punishes individuals who post other people’s images without their authorization. The Telecommunications Regulatory Authority (TRA) published a set of guidelines to help social media users avoid breaking the law (Sinclair, 2014). The organization asked users to refrain from tagging others in their posts without their knowledge, refrain from using other people’s images and videos, and shun content that compromises the UAE social and moral welfare (Sinclair, 2014).
Respect People’s Privacy
Personal privacy is one of the human rights that the aforementioned laws protect. It is illegal to post, display, or share people’s private details without their permission (Sinclair, 2014). Moreover, releasing confidential information about a person, company, employer, or employee is a serious offense. According to Article 4 of the Cyber Crimes Law, such acts are punishable by temporary imprisonment and a fine that ranges from AED 250,000 to AED 1.5 million (“5 social media rules”, 2016). Violating the privacy and confidentiality of organizations and individuals can attract legal liability in the UAE. Therefore, it should be avoided. The Cybercrime Law No. 5 was issued in 2012 to fight cybercrimes which were on the rise around the world. The law criminalizes the use of technology to invade people’s privacy (Sinclair, 2014). In that regard, it is against the law to copy other people’s photos or publish news without their consensus. It is important for social media users in the Emirates to focus on personal content that does not have legal restrictions and they should ensure that it does not violate the sanctity of Islamic values and teachings.
Avoid Spreading Rumors
In many countries of the world, spreading rumors and gossip about other people is considered expressions of the freedom of speech. However, in the UAE, such actions are criminal. Sharing hate messages, defamatory statements, and demeaning comments can attract severe punishment (“UAE Government”, 2018). The law states that any individual who uses any social media platform for purposes of defamation or to violate other people’s privacy is liable to a jail sentence of six months and a fine of AED 250,000 (Za’za, 2015). The Penal Code criminalizes the sharing of personal information that exposes an individual to public hate, backlash, or contempt. In addition, it prohibits the posting of statements that are aimed at dishonoring or discrediting other people.
Do Not Use Illegal Websites
The United Arab Emirates does not allow the use of certain social media technologies that are common in other countries. For instance, the government banned the use of Voice over Internet Protocol (VoIP) applications such as Skype and Telegram (“UAE Government”, 2018). In the past few months, the ban on several messaging technologies has been lifted. The use of unauthorized software programs (audio and video channels) attracts a prison sentence of not less than 12 months (Za’za, 2015). Therefore, it is important to avoid using illegal online channels that have been blocked or blacklisted by the government. Alternatively, one can use legal VoIP calling services that are offered by a telecommunications service provider in the region known as Etisalat, (“UAE Government”, 2018). The company offers an internet calling plan that allows people to make video and voice calls using legal substitutes for Skype, WhatsApp, and Duo namely, BOTIM and C’Me (“5 social media rules”, 2016). These alternatives eradicate the possibility of legal liability for using or assessing social media platforms that have been banned.
Respect Islamic Morals and Values
One of the most important rules to follow in the UAE in order to avoid legal troubles is respecting Islamic morals and values while posting content on social networking websites. The culture of the Emirates is founded on the teachings of Islam. Therefore, it is important for visitors and residents to become conversant with the religious tenets of Islam that are culturally accepted. For instance, nudity, drunkenness, and pornography are prohibited (“UAE Government”, 2018). Therefore, people should avoid posting content that depicts any involvement in the aforementioned activities.
Posting pictures or content that involve unacceptable behaviors is considered a serious crime (Za’za, 2015). Article 17 of the Cyber Crimes Law states that the transmission of such content will attract fines of between AED 250,000 and AED 500,000 and a prison sentence (“UAE Government”, 2018). Posting lewd pictures attracts a fine of up to AED 1 million as postulated in Article 19. Article 29 protects the reputation of the president and his deputy (“UAE Government”, 2018). Posting or sharing content that damages the integrity of the president can attract temporary imprisonment and a fine of AED 1 million (“UAE Government”, 2018). Avoiding these actions serves as a cautionary measure against violating the country’s laws and regulations on the proper use of social media.
Refrain from Defamatory Statements
As mentioned earlier, the Penal Code protects the citizens of the UAE from public hatred and contempt by banning the publication of false information aimed at hurting others. The Cyber Crimes Law also contains provisions that criminalize insulting other people or posting information that could subject them to public hatred (Za’za, 2015). In order to avoid breaching the law, it is important for social media users to understand that posting defamatory content is illegal and it has severe consequences. The law covers all forms of information, regardless of whether it is true or false. It is also important for operators of social media accounts that involve the collection of feedback from the public to comprehend the risks and the legal implications of their actions. In May 2018, a human rights activist (Ahmed Mansour) was jailed for violating the law. He was jailed for 10 years and fined AED 1,000,000 after being found guilty of spreading sectarianism and hatred on Facebook and Twitter (“United Arab Emirates”, 2018). He was accused of damaging the Emirates’ reputation by portraying the country as a lawless place.
Conclusion
The use of social media in the Emirates is highly controlled because of its potential to hurt people and organizations, violate the law, compromise Islamic values, and erode public morals. In that regard, it is important for social media users in the UASE to understand the laws and regulations that govern their online activities. These include the Cybercrime Law, the Penal Code, the Copyright Law, and the NMC’S Electronic Media Regulations. The aforementioned laws regulate how people share, publish, and display content on different social networks. Precautionary measures include refraining from posting defamatory comments, seeking consent before posting strangers’ images, avoiding content that compromises Islamic values and morals, and respecting people’s privacy and confidentiality. Moreover, social media users should not copy, publish, transfer, save, or disclose other people’s photos as it is a violation of the Copyright Law.
References
5 social media rules: Using social media in the UAE. (2016). Web.
Sinclair, K. (2014). Be wary of UAE privacy laws when posting Facebook content, telecoms regulator says.The National Business. Web.
UAE Government. (2018). Media in the UAE: Regulator of media in the UAE. Web.
United Arab Emirates: Not free. (2018). Web.
Za’za, B. (2015). Understanding UAE’s cybercrime law and penalties.Gulf News. Web.