Punishment for Using Unauthorized Visual Content in the UAE

The internet has become a vast space for sharing content on different platforms. Many individuals have turned into vloggers. They make video content for a brand or any human interest to earn money. Smartphones have become a valuable asset for businesses today. Individuals can make videos and create photos for their business ideas. On the contrary, smartphones are also risky. It is a criminal offense to post any recording or photo on social media without the consent of the people involved in those photos or videos. The United Arab Emirates (UAE) has taken it seriously, and punishments are enforced for such a criminal offence.

In the UAE, privacy is taken care of by law. There are laws against invasion of privacy. This means individuals have the right to lead a private life. If they do not want to be photographed anywhere or do not give consent for filming them, other people have to be careful about it. Violating privacy laws can lead to imprisonment and heavy fines. Individuals can take legal advice from lawyers about how to take up the case if privacy is invaded.

Filming is not illegal. People record different things on a daily basis for their interests. What makes filming illegal is when someone’s privacy is invaded, whether in private or public. Especially when consent is not given to the person who is filming, they should avoid making videos or photos. Taking sensitive information through filming is considered a criminal offence. Consent shall always be taken while recording any audio or visual content. The UAE advocates understand that if someone is not speaking in public about privacy violations, that does not mean they are permitted to do so. In fact, the individuals filming in those places should always obtain consent from the people there.

Nowadays, several digital platforms are running without any strict laws. Internet users are making AI (Artificial Intelligence) content that is often misused on social media platforms. Platforms like YouTube, TikTok, or WhatsApp have created legal policies to protect the privacy of their users. However, people would use videos and photos online to defame an organisation or a person. Sharing content with the public for any argument is often considered a digital right by citizens. In the UAE, the digital rights are strict. Therefore, legal consultants are hired by businesses and digital influencers to make policies of consent on behalf of their clients.

Criminal charges are applied if the person has been filmed and the content was posted online, without their consent. The UAE Penal Code has specified illicit activities such as defamation, misuse of content, and invasion of privacy. Against these crimes, crime offenders can be penalized with fines, imprisonment, or both actions can be implemented. However, the cybercrime laws in the UAE are created to strengthen the safety of internet users and individuals to lead a private life. Choosing a lawyer for your case would be helpful, especially when cases of defamation and invasion of privacy arise.

Often, the victim of cybercrime goes through trauma and stress. Beyond this, some also face financial losses. In these cases, the victim can claim compensation that may have resulted from social embarrassment or reputational damage. The compensation can be claimed by businesses, as well. The civil proceedings need legal professionals to win the case. Therefore, always hire a qualified lawyer.

A resident in UAE recorded a video of their colleague at the workplace during a disagreement. The video was posted by them in a private WhatsApp group. It brought reputational damage to the colleague. They filed a complaint against the co-worker. The legal authorities investigated the case. It was found that the video was shared without the consent of the colleague. The crime offender was found guilty, and they had to pay financial penalties. At a later stage, the victim hired a legal professional for a compensation claim. They were compensated for moral damages.

Content creation by influencers has also added value to businesses for promotional services. An important reminder for businesses and influencers is that they must have a separate document of consent that is duly signed by both parties (videographer and the business owner or influencer). A written consent is recommended whenever customer feedback is taken or any promotional message is made for the company.

Privacy issues can be resolved, but they need to be handled carefully. However, some people think that deleting the video from the main channel would resolve everything, but that’s not true. The crime offender will have to go through court proceedings if the complaint is filed against them.

Under the UAE legislation, invasion of privacy is considered a criminal offense. It is governed by the Federal Decree-Law No. 31 of 2021 (UAE Penal Code), Federal Decree-Law No. 34 of 2021 (Cybercrime Law), and Federal Law No. 5 of 1985 (Civil Transactions Law). Therefore, these cases are resolved through qualified and prolific lawyers in the UAE.

• Consent has to be taken from the individual if they appear in a video that is made for other promotional messages. For example, individuals sitting in the restaurant enjoying food, and the café owner wants to film that for business promotion.
• A written consent is recommended because verbal consent has no weight when it comes to legal proceedings.
• Any media shared on WhatsApp in public or private groups is considered a publication.
• The financial penalty may not be enough for a case. Depending on the severity of the case, imprisonment is also applied in some cases.
• The victim can claim compensation if they have gone through emotional stress or a physical trauma.
• The liability will exist even if the content has been deleted from all social media platforms.
• Cybercrime laws in the UAE are the same for everyone. The written consent is applied to everyone whenever required.