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In June this year, a man was arrested for filming a resident found crying at a government customer service centre in Dubai. The suspect posted the footage on social media and the video went viral. Earlier, two expatriates were arrested for posting a video of an alleged fugitive South African businessman of Indian origin.
Back in 2016, a woman in Ajman was found guilty of breaching her husband's privacy after she transferred photos from her husband's phone to hers on suspicion that her husband was having an affair.
In another case, a Dubai resident uploaded a video to Instagram which clearly identified a billionaire's very expensive licence plate and his supercar, parked in a disabled bay. The billionaire paid the fine but also filed a case against the man who posted the video after it went viral. He later dropped the charges and the Dubai Police said that the one who photographed the car should have sent the video to them rather than circulate it on social media.
All these instances show how dangerous can be a social media post when it invades into others' privacy.
We all know that social media has the power to spread information quicker and wider than any other medium.
On the positive side, social media allow us to connect to anyone regardless of geographic location. In fact in the UAE, which is home to around 200 nationalities, Facebook has become a powerful medium to get your message across as 97 per cent of the population (9 million out of 9.54 million) use it on a regular basis. Moreover, by posting our statuses on this social networking site and expressing opinions freely, we are exercising our freedom of speech.
But there is also a very important aspect that we need to note when posting or sharing photos and videos and giving our comments on social media: We need to be mindful of other people's privacy.
In the UAE, privacy is a fundamental right and invasion into one's privacy is a criminal offence. Authorities enforce strict policies to protect individual privacy so it is imperative to know what information can be shared and what can be held close or given only to authorities.
The Dubai Police have time and again been reminding the public to refrain from filming or taking pictures of others without their permission to avoid offences constituting defamation. This online infraction is punishable by the Federal Decree Law No. 5 of 2012 on Combating Cybercrimes (Cybercrime Law) that prohibits the invasion into an individual's privacy, including taking pictures of others, or publishing or displaying those pictures.
"In a nutshell, the law states that those caught using technology to breach someone else's privacy can be jailed for not less than one year and face fines of between Dh150,000 and Dh500,000," Abdullah Buali, information security analyst at the Telecommunications Regulatory Authority (TRA), told Khaleej Times.
According to the TRA, it is important not to post other people's pictures or videos without consent.
"Don't post without asking, whether it's a friend or a photographer. It could be breach of privacy or copyright. Do not make threats: Posts or comments that are abusive or threatening to other people can land you in court," the TRA official said.
"Do not tag anyone without consent as tagging without permission can be a breach of defamation and privacy laws. And do not bully or harass. Users must not post content which includes hate speech, incites violence or which is threatening or contains graphic or gratuitous violence," Buali added.
In the case of posting incidents of road accidents, the police said that gawking or taking pictures "delays traffic patrols, ambulances and civil defence vehicles and could possibly result in worsening the condition of the injured or may even cause fatalities".
An offender can be fined Dh1,000 for obstructing or blocking roads and the UAE cybercrime law can also be applied. That again carries a fine between Dh150,000 and Dh500,000 and up to six months in prison.
Legal experts also say that "sharing videos or photos of accidents may be considered a breach of privacy and obstruction of ongoing investigation".
"So, it is advisable to avoid sharing videos and photos of any accident in order to avoid facing criminal and civil liability. And it is always simple human courtesy to respect the privacy of those involved in any accident," Buali added.
angel@khaleejtimes.com
People speak
We do believe that social media is a virtual space where anyone has the freedom to post information, studies, data, activities, thoughts and opinions. Nevertheless, when any of these posts touches or harms human dignity in its broader sense, this has to be considered as a harsh abuse by all means."
Cesar Moukarzel, consulting director, SIA Partners - Global Consulting Firm
I am aware that certain places in the UAE are restricted and must not be photographed as per the law. I do know that taking photos of other people without their consent is punishable by law, the same goes with posting of images of other people online without their consent. I make sure to follow the law at all times."
Dr Angelo Santos, Dubai resident and Filipino blogger
The UAE is home to diverse cultures and many different nationalities and the country has laws set in place to protect everyone's security. Taking photos of people is a sensitive issue in Dubai's local culture. I feel that the law was created to protect all of us and keep everyone safe, not that the country is conservative by its rules with regards to social media."
Jesno Jackson, Art teacher/artist
What the UAE cyber law says
> The UAE Cybercrime Law No. 5 of 2012, which was issued by the President, His Highness Sheikh Khalifa bin Zayed Al Nahyan, includes a range of violations and penalties, with fines ranging between Dh50,000 and Dh3 million, depending on the type and severity of offence.
> Those caught gaining access to a website, network or system without authorisation are to be imprisoned and fined at least Dh50,000, but fines can go as high as Dh1 million if personal information is stolen or deleted.
> Those caught using technology to invade someone else's privacy - which can even include eavesdropping, copying photos or publishing news - can be jailed for six months and face fines of between Dh150,000 and Dh300,000.
> The most severe penalty - five years in jail and a Dh3 million fine - is reserved for those who run malicious software that causes a network or IT system to stop functioning 'or results in crashing, deletion, omission, destruction and alteration of the programme, system, website, data or information'.
> Additionally, the law stipulates various penalties for a number of other cybercrimes, including insulting religions and their rituals, slandering public officials, forging electronic official documents, sending or re-publishing pornographic materials, reproducing credit or debit card data and obtaining secret pin codes or passwords.
angel@khaleejtimes.com
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