All laws applicable to Dubai Media City

All laws apply to Dubai Media City, Dubai Internet City and Knowledge Village even though they are entities of Dubai Technology, Electronic Commerce and Media Free Zone.

This was clarified by Hoda Barakat, a partner of Al Tamimi and Company Advocates and Legal Consultants, who spoke to Arabian Radio Network staff and guests on 'Broadcasting and Intellectual Property'.

Speaking at the ARN offices Hoda said: "All federal, civil, criminal and local Dubai laws are applicable in the Dubai Technology, Electronic Commerce and Media Free Zone. The most important law applicable here is the law of printing and publishing (number 15 of 1980). All ministerial decrees ought to be taken into consideration as well."

This law, she said, basically deals with licensing and ownership of printing presses in the UAE, printing material and periodicals and outlets to sell printed material. It further licenses the printing and publishing of newspapers, import and distribution of foreign books and printed matter.

Hoda maintained that only a few items are prohibited such as defamatory material and negative material about presidents, friendly countries, religious issues and pornography, where violators are punished according to the law.

Pointing out the importance of freedom of speech and expression according to the law, Hoda said: "Freedom of speech under the law is limited, by way of censorship of printed matter and motion pictures which includes different prohibited matters such as publishing any insult to Islam, the government or higher interest of the state.

"Also, publishing opinions violating public decency, what purports to inciting hate crimes, confidential communications or military affairs or provisions of agreements or treaties concluded by the government before being published in the official gazette. The law further prohibits publishing anything that involves blemishing any Arab, Islamic or friendly country president."

She warned: "The law further penalises the editors responsible by way of imprisonment, suspension or closing the media facility.

"However, it hasn't specifically regulated radio networks but is understood to hold the Editor-in-Chief or the responsible editor liable for any violation. The owner of the facility is jointly held responsible for the fulfillment of financial compensation adjudged in favour of the victim."

However, she praised article 30 of the UAE constitution that states: "Freedom of opinion and expressing it verbally, in writing or by other means of expression, shall be guaranteed within the limits of law".

Hoda highlighted the importance of differentiating between trade marks and trade names. She said: "Trade marks are signs used in trade to distinguish the goods-services of one entity from another. Trade names are names used by the trade by an entity to identify its business.

"The trademarks must be distinctive and mustn't confuse the public. Registers do exist. Regarding trade names in the UAE there are no registers. The trade names need not be distinctive but need to be different, even slightly, from others."

Speaking on the liabilities of presenters, Hoda elaborated that a person who commits a wrongful act will be responsible for restitution by paying damages for the loss caused, whether for personal injury or damage to property.

She added that a wrongful act in the UAE law is a civil wrong resulting from an act or omission that has caused injury or loss to a person or property, regardless of whether or not the act or omission constitutes a crime or is caused by a breach of contract.

Toward the end of the talk, she mentioned criminal code number 3 of 1987 that penalises any act of publishing by any means news or pictures or comments relating to the secret or private lives of individuals even if such news, pictures or comments are true and correct.

The law further punishes the act of disclosing commercial secrets or confidential business information as well as letters without the approval of the addressee.

Hoda also quoted Copyright Law number 7 of 2002, "The law penalises the exhibition, publication or distribution of photographs taken without the permission of the person being photographed, unless the person is an official or public figure, authorised under public interest, or incidental to the circumstances. This is, provided exhibition will not affect the status of the person photographed."