Question:
What are the legal considerations for sharing accident content on social media in the UAE?
Answer:
In the background of sharing accident-related content on social media platforms, it’s important to understand the legal landscape in the UAE. The UAE emphasizes maintaining public order, protecting individual privacy, and preventing the distribution of false or harmful information.
Relevance of the UAE Penal Code and Cybercrimes Law
Penal Code: Articles 379 to 383 of the UAE Penal Code address various aspects of damaging individuals through publishing images, recordings, or information without their consent. These articles stipulate that publishing such content can result in imprisonment and/or a fine.
Cybercrimes Law: Federal Decree-Law No. 34 of 2021, known as the Cybercrimes Law, is particularly relevant in the context of sharing accident-related content on social media. It encompasses a range of electronic offences, including defamation, privacy breaches, and the dissemination of unauthorized content.
Legal Implications of Sharing Accident Content
- According to Federal Decree-Law No. 31 of 2021, also known as the Penal Code, under Article 217, this article addresses the dissemination of false or malicious news, information, or rumours that could disturb public security, damage public interest, or incite public opinion.
Individuals found guilty of such acts may face penalties ranging from one year’s imprisonment and a fine of AED 100,000. Penalties can increase if the acts provoke public opinion against state authorities or establishments
- Additionally, Article 431 addresses interfering with the right to privacy and family life of individuals, including eavesdropping, recording private conversations, or taking unauthorized photographs. Engaging in such actions without consent can lead to jail sentences and fines. Even the publication of private information, even if true, can lead to penalties.
- Personal Data and Information Violations under Federal Decree-Law No. 34/2021, known as Cyber Law, focus on the collection and processing of personal data and information in violation of UAE legislation. Offenders can face detention and fines for collecting, keeping, or processing personal data without adhering to legal requirements.
- Article 44 of the Cybercrimes Law, addresses the disclosure of secrets and privacy breaches through electronic means. And outlines several actions that are considered unlawful when conducted without consent, including:
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- Eavesdropping, interception, recording, communication, transmission, or disclosure of conversations, communications, or audio or video materials.
- Taking photographs of others at any public or private place or preparing, communicating, exposing, or keeping electronic images thereof.
- Spreading news, electronic images, photographs, footage, comments, data, or information, even if true and correct, harms such a person.
- Taking, communication, or publication of photographs of the casualties, dead persons, or victims of accidents or disasters without permission or consent of the concerned persons.
- Tracking, detecting, disclosing, exposing, or keeping data of geographical sites of third parties.
- Individuals found guilty of breaching privacy or engaging in these actions without consent can face penalties, including detention for not less than six months and/or a fine of not less than AED 150,000 and not more than AED 500,000.
- The decree law, defined under Article 52, targets the spreading of fake news or false reports that damage public opinion, public order, or public interest.
Those found guilty can face detention and fines, with increased penalties during times of crises or if the actions provoke public opinion against state authorities.
In conclusion, the aforesaid laws provide for respecting privacy, ensuring accuracy, and avoiding the spreading of false information.
