Introduction
Generally, human interactions must be guided, regulated, and governed by laws that stipulate formal or governmental sanctions in case of violations. The fact is that only duly constituted human authorities can sanction punishments when human conduct violates the law, social norm, or set rules (Lecture Notes, n.d.b). United Arab Emirates (UAE) has come a long way to strengthen its legal system. Some of the tools used by the UAE to regulate the legal system are Federal Constitution and Supreme Council, Civil Law System, and the Penal and Civil Code. Despite the regulations in UAE, one needs to wonder why Dubai Police has the power to arrest an individual recording a video, especially in public places. In 2019, Dubai hit the headlines when police arrested a British woman for insulting his ex-husband on Facebook (Staff Writer, 2019). Still, the media or press in the UAE does not have “explicit” freedom, which is a worrying trend. The bottom line is that UAE Privacy Laws have devastating impacts on media and private individuals, which the paper seeks to explore.
Discussion
Articles 30 and 31 of the UAE Constitution guarantee freedom of expression to anyone and all media houses. For instance, the 1987 Penal Code does contain prior restraint forcing journalists to self-censure to avoid penalties (Lecture Notes, n.d.a). Article 30 guarantees everyone the “freedom to hold opinions and express them orally,” which can be through any available means, including writing (Constitute, 2017). Article 31 guarantees “freedom of communication” by any means, including telegraph and posts. Besides, article 31 guarantees the secrecy of the communication. The UAE Constitution does not explicitly guarantee freedom of expression (Lecture Notes, n.d.a). The “limiting laws” limit the operations of the media in various ways.
The United Arab Emirates heavily regulates media through “prior censorship.” The “unpublished” regulation allows government officials to dictate when to publish specific items (Lecture Notes, n.d.a). The bottom line is that “prior censorship” violates and hinders free expression in UAE. The informal boundaries or red lines compel journalists and private individuals to comply with undocumented rules. For instance, Emirates News Agency provides information for all newspapers to publish (Lecture Notes, n.d.a). In other words, newspapers or media houses cannot publish sensitive issues before getting the green light from Emirates News Agency.
UAE amended Federal Law #3 in 1987 and was incorporated into the Penal Code. Article 378-390 sets sentences and fines for “whoever violates the private or familial life” of other people (Abu Dhabi Judicial Department (ADJD), 2011). The law states that “defamation has a significant influence on the media” (Lecture Notes, n.d.b). The law also prohibits anyone, including the media, from insulting the country’s rulers or publishing personal information (private individuals) without their knowledge. The regulation explains why the Dubai Police arrested someone in 2019 for recording a video. The woman was driving on Jumeirah Road with a valet worker on the bonnet (Staff Writer, 2019). Articles 30 and 31 are limited; hence media is incapacitated.
The 1980 Press and Publication Act also limits Articles 30 and 31 of the constitution. Articles 70 and 71 of the Act prohibit journalists from criticizing leaders and instigating the government (Lecture Notes, n.d.a). Besides, the press cannot initiate discussions that offer deep insights. Perhaps people need to understand the role of the media or media. The primary objective of the media is to inform the public. The media cannot carry out its activities in harsh environments characterized by threats.
Global criticism of the UAE’s Press Law generated multiple responses. The immediate response was the “The 2010 Resolution and Media Regulation,” which never reached many media houses (Lecture Notes, n.d.a). Article 1 of the resolution eliminated the concept of “media-free zone areas,”, especially in Dubai and Abu Dhabi. The document outlined penalties for journalists and media houses for different offenses. According to Web Report (2017), licensed service providers such as Etisalat can lose operation licenses when accused of abuse or defamation. Legal action can also be taken against the media houses despite the outcome of other legal laws.
Federal Law #5, or Cybercrime Law of 2012, also hinders the full implementation of Articles 30 and 31 of the constitution. The regulation explains why the Dubai Police arrested the individual who recorded the woman driving on Jumeirah Road (Staff Writer, 2019). The statute prohibits defamatory comments and sarcasm through digital communications (Lecture Notes, n.d.c). Online journalists and social media users are on the receiving end of the law. No one can publish news, information, or electronic photograph without consent, irrespective of their authenticity (Lecture Notes, n.d.a). The statute makes it illegal for an individual to post other people’s images without permission.
All media houses, irrespective of their size in the UAE, must get a license and other authorization permits before operating. Surprisingly, United Arab Emirates has special licensing requirements for newspapers (Lecture Notes, n.d.a). In other countries, newspapers are only needed to get a basic license from local authorities to facilitate information dissemination. UAE’s licensing process hinders the establishment of newspaper-based media, negatively impacting the press. The fact is that print media is not less pervasive than audio-visual media.
Generally, in a democratic country, a private individual should be guaranteed free speech. The case is very different in the United Arab Emirates because Privacy Laws are ruthless, and the constitution is limited. According to Web Report (2017), social media connects billions of people across the globe and helps people run their private lives and activities. In late 2012, more than sixty people were arrested in UAE, mainly for “Twitter posts” (Lecture Notes, n.d.a). UAE has restricted private individuals’ speech, especially during regional protests. The UAE government became more serious about social media use and implemented various measures (Lecture Notes, n.d.a). Facebook, Twitter, and Al Hewer were aggressively monitored. A private individual was arrested and charged with “using Twitter to incite sedition and insult religion.
The United Arab Emirates prevents many citizens from accessing internet-based content due to “unwanted topics” (Lecture Notes, n.d.a). Reports also indicate that some political sites are blocked due to their links with Nazis or Holocaust perspectives. Articles 30 and 31 of the UAE Constitution have critical phrases to extend freedom to private individuals and the press. For instance, “in writing or by other means of expression” (Article 30) and “other means of communication” (Article 31) allows people to use any media to express their opinions (Constitute, 2017). The decision by UAE to block internet websites due to “unacceptable information” interferes with media and private individuals.
Conclusion
UAE Privacy Laws negatively impact the press and private individuals. The main problem is caused by constitutional limitations from other federal laws, including Penal Code. The invisible “prior restraint” embedded within the national laws forces journalists to self-censor to avoid penalties and heavy punishments. Cybercrime Laws also hinder the full implementation of Articles 30 and 31 of the constitution since they regulate digital communications.
References
Abu Dhabi Judicial Department (ADJD). (2011). The Penal Code: Federal Law No. 3 1987. ISBN 978-9948-492-70-2
Constitute (constituteproject.org). (2017). United Arab Emirates’ Constitution of 1971 with Amendments through 2004. Oxford University Press, Inc.
Lecture Notes. (n.d.a). Part I. Freedom of Speech.
Lecture Notes. (n.d.b). COM 240–Media Law & Ethics: The Legal System.
Lecture Notes. (n.d.c). COM 240–Media Law & Ethics: Privacy Law.
Staff Writer. (2019). To post or not to post? The UAE, social media, and the law. Arabian Business. Web.
Web Report. (2017). All you need to know about UAE privacy laws. Khaleej Times. Web.