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UAE students could face legal action for sharing school photos on social media

With the start of the new year, many schools across the country cautioned students against taking photos on the school premises and posting them online

Published: Mon 2 Sep 2024, 6:00 AM

Updated: Mon 2 Sep 2024, 9:55 PM

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Schools in the UAE have asked students not to take photos and share them on social media, as this violates the country's privacy laws.

With the start of the new academic year, schools in the UAE are stressing the severe consequences of violating privacy laws. They are cautioning parents to educate their children about the importance of not taking and sharing photos in school without prior permission, as such actions can lead to strict penalties under the UAE's privacy laws.

Some schools have made tablets and laptops mandatory for students to bring to aid with learning, but prohibit mobile phones and tablets with SIM cards. More than one million students returned to school for the new academic year on August 26 after the long summer break.

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“We run detailed induction sessions for all staff and students, covering safeguarding and UAE law on the use of social media, with specific reference to cybersecurity. We also cover cultural sensitivities, social privacy, and consent, as well as defamation-related content and the personal well-being of all persons concerned,” said Ranju Anand, principal and CEO of Gems Cambridge International Private School – Sharjah and senior vice president for education at Gems Education.

She said assemblies relating to cyber safety are a norm at the beginning of each year and an integral part of their Computer Science curriculum.

She further added how parents find assemblies relating to cyber safety very useful as "they help them find a balanced approach for their children in terms of what to do, what not to do, and what absolutely not to do".

“We advise students not to take any pictures in school, and use of devices is limited so that they are used only as a learning tool under the guidance of staff. Students are reminded to respect UAE's laws on the topic, and we make them aware of the consequences, sharing real-life examples to help illustrate the importance of adhering to rules,” she added.

Claire Smith, academy assistant principal – designated safeguarding lead, Gems Wellington Academy at Silicon Oasis, said the school conducted safeguarding assemblies for years 7, 8, and 10, with a particular focus on digital safety and UAE law.

“This information is crucial, especially for our new students who have joined WSO from other countries where there may be different laws. It also serves as an important reminder for our existing students."

"The Executive Student Leadership Team emphasised the importance of using technology with integrity, one of our core school values. We will be delivering the same message to other year groups in the coming weeks. Digital safety remains a consistent theme in our assemblies, throughout the academy, and is also integrated into our bespoke wellbeing curriculum, the GroWell programme,” said Smith.

What does UAE law say?

Under the UAE’s privacy law, students could be taken to court for taking and sharing photos of others without their consent on social media.

The court may impose judicial measures, such as probation or community service, in line with the rehabilitative approach of the UAE's juvenile justice system. In addition, Public Prosecution can impose administrative measures on minors such as supervision by a guardian, social duties and electronic monitoring.

Though students could face legal action for their direct involvement, liability for sharing photos can extend to parents and schools also.

“Liability for sharing photos without permission can extend to multiple parties. While the student may be directly involved and face legal action, UAE law also places responsibility on parents or guardians. Article 313(1-a) of the UAE Civil Transactions Law holds parents or guardians financially liable if the violation results from insufficient supervision," said Abdul Majeed Al Sweedy, senior associate at Galadari Advocates and Legal Consultants.

“Schools are also accountable under UAE law if the violation occurs due to inadequate supervision during school activities. It is the school’s responsibility to maintain a safe environment and prevent such incidents. Both parents and the school may share liability if the violation occurs under their watch,” Al Sweedy added.

Abdul Majeed Al Sweedy

Abdul Majeed Al Sweedy

UAE law takes privacy violations seriously, particularly in the context of digital platforms such as social media. Under Federal Decree-Law No. 34 of 2021 on Combating Rumours and Electronic Crimes, it is illegal to share personal data, including photos or videos, without the consent of the person involved.

Al Sweedy warned that this law applies to everyone, including teenagers and students, who might share content on social media.

“The legislation is designed to protect individuals’ privacy from unauthorised recording, sharing, or dissemination of their personal information or images. Therefore, teenagers must understand that sharing content without permission can have serious legal consequences.”

Rehabilitation, not punishment

Al Sweedy further explained that UAE's law is generally "lenient towards minors, focusing on rehabilitation and education rather than harsh punishment".

He warned that teenagers may be taken to court for sharing others’ photos without permission.

Under Article 44 of Federal Decree-Law No. 34 of 2021, he explained the unauthorised sharing of photos or any personal data is considered a privacy violation and is subject to severe penalties. However, for minors, consistent with the rehabilitative approach of the UAE's juvenile justice system, the court may impose alternative judicial measures, such as probation or community service, focusing on reform rather than punitive actions.

Explaining the Federal Law No. 6 of 2022 Concerning Juvenile Delinquents and Juveniles at Risk, he said minors who commit crimes, including privacy violations, are often subject to judicial measures that emphasise corrective and supportive actions.

Under UAE law, the Public Prosecution can impose administrative measures on minors who haven't reached legal age if necessary. These measures include supervision by a guardian, social duties, electronic monitoring, and in severe cases, referral to specialised institutions. The goal is to rehabilitate and prevent future crimes through education and counselling.

For minors aged 12 to 16, the court applies judicial measures like probation instead of criminal penalties. Probation involves a period of supervision, and if successfully completed, the case is dismissed. If not, the minor is retried. Other measures can include community service, vocational training, or placement in juvenile facilities.

For those aged between 16 to 18, the court can impose either a criminal penalty or a judicial measure. While imprisonment is generally avoided, it may be substituted with a reduced prison term served in a juvenile institution until the minor turns 18, after which any remaining sentence is served in a penal institution.

Criminal settlements are possible for misdemeanours or petty offences, provided the imprisonment does not exceed one year and the minor has no prior offences.

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