United Arab Emirates

Federal Decree-Law No. 55/2023 On the Regulation of Media (Media Law)

The Media Law came into force at the start of December 2023, repealing Federal Law No. 15 for 1980 Concerning Press and Publications (Publishing Law). The Media Law focuses on electronic and digital media, covering a broad range of platforms that allow media and advertising content shared with the public through digital means. The Media Law also covers social media platforms and sets out rules to ensure these platforms take full responsibility for content published on them. A new feature reflected under the Media Law is that not only media businesses across the UAE are subject to the law but also media businesses operating outside the UAE but delivering media content within the UAE will be subject to licensing requirements. The Media Law sets out the licensing conditions for practicing media activities in the UAE. As is common in the UAE the Media Law will have Executive Regulations - which are expected to be issued within 6 months of the new law coming into force - clarifying the way the law’ s provisions will be implemented. It is expected that the Executive Regulations, will contain additional licensing requirements. Interestingly, the Media Law states that until the Executive Regulations are issued, the regulations of the Publishing Law will continue in effect. Similarly to the Publishing Law, the Media Law is interpreted in light of the guidelines of the UAE Media Council which replaced the Media Regulatory Office (MRO), previously known as the National Media Council. According to the UAE Media Office, the UAE Media Council will have a set of priorities, which will include “launching the media sector strategy, continuing the modernization of the media legislative ecosystem to ensure a flexible media environment, developing a media intellectual property framework to protect creative products, attracting specialized media talent to the country, and fostering R&D to identify future media opportunities”.

National Media Council Resolution No. 20 of 2010 (Resolution)

The Resolution reaffirms that all media, including audio, visual and physical, must be in compliance with the provisions of the Media Law found within the Publishing Law, which is further supplemented with Cabinet Resolution No. (23) of 2017 on media content.

Electronic Media Activity Regulation Resolution of 2018 (EMA Regulations)

The EMA Regulations apply to all electronic media activities conducted within the territory of the UAE, including free zones. The EMA Regulations include a number of practical considerations that individuals and businesses engaged in electronic media activities, including social media platforms, in the UAE should take into account when applying for an electronic media license. The electronic media license must be obtained from the MRO by anyone who engages in electronic media activities for commercial purposes in the country through an account on a widely recognized social media platform.

Federal Decree Law No. 34 of 2021 on Combatting Rumors and Cybercrimes (Cybercrime Law)

The Cybercrime Law and other applicable laws pertaining to the protection of privacy, reputation and defamation apply when utilizing social media. Individuals in the UAE must be aware of the provisions that outline “conduct” and “activities” that may constitute a crime. The Cybercrime Law includes fines, imprisonment, the confiscation of IT equipment and deportation as penalties.

Content regulation; various sources across legal regimes (in particular, National Media Council instruments)

There are national and cultural standards established by the UAE for media content, and all mass media institutions operating within the UAE must strictly adhere to them. These include a list of strongly prohibited activities and behaviors on social media (and other media platforms). There are certain standards from which one cannot deviate that holistically include the following:

• Respect the regime of the UAE and its political system and symbols
• Respect the policies and direction of the UAE at both international and domestic levels
• Must not offend the national Unity; additionally, the social cohesion of regional and tribal conflict is strictly prohibited
• Respect the Islamic and divine beliefs while showing respect to other religions as well
• Refrain from disclosing without proper authority confidential official contacts, military treaties, conventions or matters that have been concluded by the government
• Refrain from reporting distorted deliberations of courts and other regulatory bodies
• Refrain from disclosing information related to an ongoing criminal investigation or to such investigations that have been ordered to be confidential
• Refrain from publishing photographs, news and comments that invade the privacy of an individual or family or destroys their reputation