Tuesday, 02 January 2024 12:17 GMT

UAE: Up To Dh1-Million Fine, Jail For Sharing Prohibited Content On Social Media


(MENAFN- Khaleej Times)

UAE residents who post and share anti-social and morally unethical content on social media that goes against the country's tolerance and co-existence policy could face up to Dh1 million fine and imprisonment, say lawyers.

Under the UAE law, an individual who shares, reposts, or distributes prohibited content is considered equally responsible as the original poster.

UAE's National Media Office (NMO) this week said social media users in the UAE must uphold national values and the principles of respect, tolerance, and coexistence.

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It warned against content that disrespects national symbols , public figures, or friendly nations and their societies.

Those who violate the law could face administrative fines ranging from Dh1,000 to Dh1 million, which can be doubled to Dh2 million for repeated violations; temporary closure of violating media establishments for up to 6 months (subject to renewal); permanent closure for unlicensed media institutions; and cancellation of licenses, permits, or approvals, under the Federal Decree-Law No. 55 of 2023 concerning Media Regulation and Cabinet Resolution No. (68) of 2024 Concerning the Executive Regulation for Federal Decree-Law No. (55) of 2023 Regulating the Media.

“This applies to persons, establishments, or media institutions involved in the violation. Violators may be required to pay the expenses and costs of removing and remedying the damages resulting from the violation, if they do not remove it themselves,” Fatma Al Zadjali, associate, digital and data at Al Tamimi & Company, told Khaleej Times.

Social media usage is very popular in the UAE among both expats and nationals. On average, each resident owns more than one social media account on popular platforms such as Instagram, Facebook, X, TikTok and others.

A survey of UAE's Gen Z and Millennials by research firm Toluna revealed that YouTube, Instagram, and TikTok dominate their daily interactions on social media , while Facebook continues to maintain strong engagement.

A person who shares the content is equally responsible as those who post it under UAE social media laws, according to David Yates, partner, digital and data at Al Tamimi & Company.

“In practice, individuals who share, repost, or distribute illegal content are considered equally responsible under UAE law. Whether someone creates, forwards, or republishes prohibited material, they can face the same legal consequences as the original poster​,” he said.

Defamation case

In addition to general media law violations, specific actions committed on social media can also lead to severe legal consequences in the UAE.

“One of the most significant offences is defamation, which is treated as a criminal matter rather than a civil one. In the UAE, defamation includes both written (libel) and verbal (slander) statements that harm someone's reputation, honour, or dignity.

The penalties for defamation can be severe, with libel carrying up to 2 years in jail and/or a fine up to Dh20,000, and slander carrying up to 1 year in jail and/or a fine up to Dh20,000. Stricter penalties apply if the defamation is aimed at public servants, damages family honour, or is published in newspapers or printed materials,” Fatma said.

True statements can be defamatory also

The UAE's Federal Decree by Law No. 34 of 2021 on Countering Rumors and Cybercrimes specifically criminalises defamation through online platforms , including social media, with additional penalties for such actions.

Defamatory statements can include false allegations of criminal activity, unfounded claims about personal or professional misconduct, and spreading false rumours.

“Even true statements can be considered defamatory if they cause humiliation or punishment within the community. Therefore, content creators must ensure their statements do not exceed 'normal limits' of criticism and do not affect the honour of individuals,” Fatma said.

In addition to defamation, social media users must also be aware of the UAE's strict privacy rules, which prohibit recording or eavesdropping on private conversations, taking or sharing photos of individuals in private places without consent, and publishing private information, even if true.

Violations of privacy can result in imprisonment and fines, with additional measures such as confiscation of devices and erasure of unlawfully obtained materials. The Cybercrime Law also prohibits invasion of privacy using information networks or electronic means, with penalties including imprisonment and fines.

What must not be shared

To ensure compliance with UAE Media Laws and maintain social harmony, UAE residents must avoid sharing content that:

  • Disrespect the divine entity, Islamic beliefs, monotheistic religions, and other beliefs

  • Disrespects the state's governance system, its symbols and institutions, and the highest interests of the state and society

  • Disrespects the state's orientation and policy at the internal and international levels

  • Addresses anything that might harm the state's foreign relations

  • Harms national unity and social cohesion

  • Raises sectarian, regional, or tribal strife, incites violence, hatred, and terrorist acts, or spreads a spirit of discord in society

  • Offends the prevailing values in society and public interest requirements

  • Offends the legal, economic, judicial, and security system in the State

  • Violates privacy and the private lives of individuals

  • Incites the commission of crimes or encourages murder, rape, or the use of drugs or psychotropic substances

  • Violates public morals, offends young people, or promotes subversive ideas

  • Publishes false news, forged papers, or those incorrectly attributed to entities or persons

  • Harms the national currency or the economic situation in the State

  • Spreads rumours and misleading news

Respect for national symbols

The UAE places great importance on respecting its national identity, symbols, and leadership. This means there is zero tolerance for those who violate their sanctity. Under UAE law, according to David, the following national symbols and elements must be treated with the highest level of respect:

  • The UAE leadership and government system

  • Any criticism, defamation, or insults directed at the UAE's rulers, government officials, or institutions is strictly prohibited

  • Spreading false information about the government, misrepresenting its policies, or questioning its legitimacy can lead to severe legal consequences

  • The UAE flag, national anthem, and symbols

  • Any form of disrespect toward the UAE flag, such as damaging, altering, or using it in an offensive manner, is a punishable offence

  • Mocking or failing to show respect for the national anthem is also prohibited

  • Using national symbols in a misleading, offensive, or unauthorised manner (e.g., in social media posts, advertisements, or modified images) is not allowed

  • Damaging, defacing, or disrespecting UAE banknotes (such as burning or tearing them) is an offence

  • Posting or sharing content that promotes such acts or makes jokes about the currency can lead to legal action

  • The UAE's policies, heritage, and cultural identity

  • Social media users must not post or share content that misrepresents, insults, or undermines the traditions, customs, and values of the UAE

  • Spreading false narratives or making derogatory statements about the UAE's foreign policy or national security matters is strictly prohibited

  • Disrespecting UAE cultural norms, especially through content related to dress codes, public behaviour, and religious practices, can be punishable under the law

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