Information
UAE: A New Cybercrime Legislation Makes it illegal to Photograph Someone in a Public Area
A Brief
The punishment for taking pictures of accident victims and disseminating them online has been changed under the new UAE cybercrime legislation. The legislation, which took effect on January 2, 2022, penalizes anyone who photographs others without their consent. Both offences are punishable by a six-month prison sentence or a fine ranging from Dh150,000 to 500,000, or both, under the modified UAE Cybercrime Law. The new federal legislation No. 34 of 2021 amended federal law no. 5 of 2012, which oversees Cybercrime and includes internet offences.
The legislation aims to safeguard the public from online crimes committed via social media networks and information technology platforms and secure government websites and databases, and prevent the spread of rumors and false or misleading information.
Significant Amendments in Federal Law 5 of 2012 governing Cybercrime in the UAE
The new federal Decree-Law No 34 of 2021 makes significant changes to Federal Law 5 of 2012, which governs Cybercrime and covers online offences. The legislation intends to improve community protection against online crimes perpetrated via networks and information technology platforms and secure government websites and databases, and prevent the spread of rumors and false or misleading information.
Different Legal Provisions relating to Photography in UAE
- Taking Photographs of someone without their consent (invasion of privacy)
Taking photographs or videos that may infringe on another person’s privacy is punishable under UAE law. Article 378 of the UAE Penal Code (Federal Law 3 of 1987), and Article 21 of UAE Cyber Crime Law, are the laws that help protect an individual’s privacy in the UAE.
- UAE Penal Code (Federal Law 3 of 1987)
Article 378 of the UAE Penal Code (Federal Law 3 of 1987) makes it clear that “whoever publishes news, photos, or comments about another person’s private or family life secrets, regardless of whether they are true. Such person shall be punished with imprisonment for a period not exceeding one year and a fine not exceeding ten thousand Dirhams, or with either of these two penalties”.
- Federal law No. 5 of 2012 on Cyber Crime Law in UAE
The new federal decree legislation No 34 of 2021 modifies federal law 5 of 2012, which regulates Cybercrime and includes crimes committed online. Article 44 of the law expressly criminalizes photographing victims of accidents or disasters, whether dead or injured, and publishing or spreading their photographs were taken in any location, public or private, using electronic or computer means with the intent of violating a person’s privacy or the sanctity of their personal or family life without their consent and in the circumstances not authorized by law.
Further, the law states that taking a picture of someone in a public or private location, circulating it and copying or saving the image electronically. In addition to publishing news or photos, even if they are accurate and intended to injure the person depicted, the person is guilty of committing a crime under the amended legislation.
- Sharing pictures or photographs without permission under Copyright Law
According to Article 23 of Federal Law No. (7) of 2002 On Copyrights and Related Rights, “Whosoever without the permission of the person who appears in the photograph, whoever takes a photograph of another in any manner has no right to keep, exhibit, publish, or distribute the original or copies thereof”.
Nevertheless, the Photograph may be published if:
- It captured at a public event, or
- it is of an official or public person or a celebrity; or
- Public authorities authorized the publication as a service to the public interest, provided that the exhibition or circulation of the portrait does not jeopardize the person depicted in the Photograph’s position.
Conclusion
People in the United Arab Emirates would benefit from an amendment to the country’s cybercrime statute. The legislation will provide citizens and residents of the UAE with more robust security against cybercriminals. Some have used social media to invade the privacy of others. With these harsh penalties, people will be more careful about capturing people’s images and posting them online without their permission.”
This article aims to provide a general overview of the subject. The information included herein may not be appropriate in all circumstances and should not be relied upon without seeking specialized legal counsel based on specific cases. Please do not hesitate to contact HHS Lawyers and Legal Consultants to learn more about the laws and acts that constitute illegal Photography in Dubai or the rest of the UAE.