DUBAI The recent deportation of Australian expat Jodi Magi from the capital following an offensive Facebook post has raised many questions about what constitutes a crime on social media in the UAE. The 39-year-old artist had posted a picture of a vehicle parked across two spots reserved for the disabled on her Facebook page, with the image accompanied by a slanderous message.
XPRESS spoke to Reda Hegazy, senior associate and arbitrator at Al Suwaidi & Company, to find out the most common violations on WhatsApp, Facebook, Twitter, Instagram or even an email that can land someone in trouble.
“Accessing information through the internet for one’s personal use, family or work, has become an integral part of our daily life. We are dependent on the internet to connect with families and friends, obtain data/information both for personal and business gain. With the rapid progress in information technology and our dependence on it in advancing ourselves and in competing with the world, it has the opened the door for exploitation and abuse,” he said.
According to him, Federal Decree-Law No. 5 of 2012 that combats cybercrime lists many violations that are punishable with jail sentences, fines or even deportation. Below are some common instances.
1. Swearing, insulting or accusing another person of a matter for which he can be subject to punishment or be held in contempt by others
Punishment: Imprisonment and a fine of not less than Dh250,000 and not more than Dh500,000 or either of these penalties (Article 20)
2. Invading someone’s privacy by eavesdropping, intercepting, recording, transferring, transmitting or disclosing a conversation, communication, audio or visual material
Punishment: Imprisonment for at least six months and a fine of not less than Dh150,000 and not more than Dh500,000 or either of these penalties (Article 21)
3. Photographing someone, creating, transferring, disclosing, copying or saving electronic photos without permission.
Punishment: Imprisonment for at least six months and a fine of not less than Dh150,000 and not nore than Dh500,000 or either of these penalties (Article 21)
4. Unlawfully publishing news, electronic photos, scenes, comments, statements or information, even if true and correct
Punishment: Imprisonment for at least six months and a fine of not less than Dh150,000 and not more Dh500,000 or either of these penalties (Article 21)
5. Obtaining, possessing, modifying, destroying or disclosing without authorisation data related to medical examinations, diagnosis, treatment, care or medical records
Punishment: Temporary imprisonment (Article 7)
6. Extorting or threatening another person to force him to commit a felony or engage in matters against honour or morals
Punishment: Imprisonment up to 10 years (Article 16)
7. Establishing, managing, running a website or transmitting, publishing or republishing pornographic material or gambling activities
Punishment: Imprisonment and a fine of not less than Dh250,000 and not more than Dh500,000 or either of these penalties (Article 17)
8. Enticing, aiding, abetting another person to engage in prostitution or lewdness
Punishment: Imprisonment and a fine of not less than Dh250,000 and not more than Dh1 million or either of these penalties (Article 19)
9. Disclosing without authorisation confidential information obtained in the course of or because of work
Punishment: Imprisonment for at least six months and a fine not less than Dh500,000 and not more than Dh1 million or either of these penalties (Article 22)
10. Establishing, managing or running a website or publishing information for the interest of a terrorist group or any unauthorised group, association, organisation or body with the intent to facilitate communication with their leaders or members or attract new members or to promote or praise their ideas, finance their activities or provide actual assistance or for the purpose of publishing methods for manufacturing incendiary devices or explosives or any other devices used in terrorism acts
Punishment: Imprisonment of at least five years and a fine not less than Dh1 million and not more than Dh2 million (Article 26)
Article 42 of the cyber law also provides that the court may decide to deport an expat under the various provisions, if necessary.
YOUSPEAK: Has anyone insulted or threatened you on social media?
