UK-inspired standards for broadcasters, publishers

Addressing a Press conference, Ahmad bin Byat, Director General of the Dubai Technology and Media Free Zone said, "The BPST goes another step towards realising the vision of General Shaikh Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai and UAE Minister of Defence, to create an environment that guarantees freedom of expression to media companies."

The Free Zone Authority also issued Regulations and Codes of Guidance modelled on international best practice examples that provide guidelines to free zone companies for the appropriateness of content they produce.

"The establishment of the tribunal will provide a transparent mechanism for determining what is appropriate freedom of expression with respect to issues such as fairness, privacy and of course content in general. It will not act as a general filter for content, nor will it act as a censorship authority. There has not been and there will not be any requirement for our broadcasters and publishers to send content for approval," he clarified.

"It is also important to note that this is not a public tribunal through which members of the public generally may make applications or requests," said Mr Byat.

The tribunal will adjudicate only in response to applications made by companies in the free zone or by the Free Zone Authority itself where there is specific uncertainty. Applications can be made regarding content already published or content that is yet to be released.

Though the tribunal is primarily for the benefit of the broadcast and publishing sectors - which constitute 45 per cent of companies in Dubai Media City - the convergence trend in the media industry will make it relevant and applicable to all media sectors.

The tribunal will be an independent body managed and run by the London-based Chartered Institute of Arbitrators (CiArb). It will have an adjudication panel comprising two eminent international lawyers - Retd Sir Brian Neill and Jonathan Caplan QC. Both have significant experience in media-related issues. They will be assisted and advised by a panel of five eminent UAE lawyers - Essam AI Tamimi, Dr Habib Al Mulla, Mohammed Al Suwaidi, Ziad Galadari and Abdulla Rashid Hilal.

The tribunal's adjudications will be based on regulations and codes of guidance developed by the free zone. Modelled on international best-practice examples, these codes have been drafted in a descriptive as opposed to a prescriptive manner. "They do not seek to ban or prohibit particular things but provide parameters to allow broadcasters and publishers to judge whether a particular broadcast or publication is reasonable in the circumstances," said Abdulhamid Juma, CEO of DMC.

The codes will have two components - a Code on Fairness and Privacy and a Code on Standards. The Code on Standards generally applies to all broadcasters and publishers whereas the Code on Fairness and Privacy is more particularly aimed at broadcasters.

"In interpreting the codes, broadcasters and publishers' should be mindful and take into account the prevailing social and religious mores of the UAE, the Middle East and the region. In many instances, what may be acceptable in a Western country, may be unacceptable in a Middle Eastern country ," Mr Juma added.

The Codes of Guidance are based closely on the Codes published by the Broadcasting Standards Commission in the United Kingdom. Broadcasting and publication codes issued by various international industry bodies have also been taken into account. Details of the codes and regulations will be available on the DMC web site from tomorrow.