“These landmark new laws will bring significant changes not only to the way business is conducted in the UAE, but also to how companies will manage and regulate themselves.” In addition, in August 2018, leaked documents used in two lawsuits against Israeli tech company NSO Group showed that the UAE had been using NSO`s Pegasus spyware against foreign government officials, journalists, and activists for at least a year. Pegasus can be secretly installed on a person`s smartphone after clicking on a malicious link, allowing hackers to access information on the device.5 Article 30 of the Constitution states that freedom of expression “is guaranteed within the limits of the law,” although many laws may effectively restrict freedom of expression on the Internet and these rights are not respected in practice.[1] In addition, the judiciary is non-independent, as there is significant influence over the executive branch.2 A common way to bypass internet censorship is to use VPN services. In March 2015, Dubai police outlawed the use of VPN (Virtual Private Network), claiming that “manipulating the internet is a crime.” While no action can be taken against a person simply because they use a VPN, using a VPN in combination with other illegal acts would incur additional fees. [21] [22] The Cybercrimes Act criminalizes a wide range of legitimate online activities. Online gambling, distributing pornographic material, or sharing content that violates another person`s privacy can result in hefty fines and jail time.2 The Cybercrime Act also criminalizes insulting the state and its leaders or symbols, as well as insulting religion. Requests to change the system of government are punishable by life imprisonment. Authorities have repeatedly warned foreigners that they must also comply with the country`s restrictive laws.[3] In 2017, the government expanded the cybercrime law to criminalize “sympathy for Qatar,” which carries a 15-year prison sentence and a fine.[4] Federal Decree Law No. 34 of 2021, which will enter into force on January 2, 2022, covers new areas of the Internet. Important amendments to Federal Law 5 of 2012 on combating cybercrime. While users are responsible for the content they create and post online and are likely to be the primary targets or criminal prosecution brought against them by competent authorities, there is no explicit Safe Harbour defense in the law for internet service providers or social media platforms.
The offence is punishable by imprisonment for at least one year and a fine of up to AED 200,000. A number of laws provide criminal penalties for online activities. Since a series of regional mass uprisings in 2011, the UAE has followed Gulf Cooperation Council (GCC) countries in passing laws criminalizing criticism of online authorities.1 In August 2018, Google said its Chrome and Android browsers would mark all websites certified by UAE security firm DarkMatter as dangerous.6 In July 2019, Mozilla said: it “rejects the UAE`s offer to become a globally recognized internet security watchdog authorized to certify website security for Firefox users.” Mozilla made this decision based on reports that cybersecurity firm DarkMatter had been linked to a government hacking program.7 “When a perpetrator is placed under surveillance, authorities can ensure that cybercrime that poses a threat to society is not repeated and that online technologies are not misused. It aims to make the internet a safe place for citizens and residents,” El Daye said. TRA has also been able to censor some content on platforms such as YouTube, Facebook and Twitter, according to local users. Facebook occasionally receives requests from the government to remove content. Between January and June 2018, Facebook reported that it had “restricted access in the UAE to an Instagram account that allegedly violated the country`s cybercrime laws, in response to a report by HRH Princess Haya Bint Al Hussein`s office.” 1 Between July and December 2018, restrictions were imposed on one Facebook post, one Instagram account, and 24 Instagram “media outlets” for “articles allegedly violating local laws on prostitution and hate speech,” as well as “a private defamation report.” 2 Given the ease of access to this information, fraud, identity theft and extortion are becoming more common. The old cybercrime law simply couldn`t tackle this more sophisticated cybercriminal world. While various UAE laws included provisions prohibiting (i) individuals from taking photos of others without their consent, (ii) fraud and, of course, (iii) misrepresentation, the new cybercrime law explicitly penalizes those who impersonate others on the internet (whether individuals or companies). This includes creating fake profiles, websites, domains, emails, etc. The new Cybercrime Law contains a provision that criminalizes the collection, storage or processing of personal data of UAE nationals or residents in violation of other laws.
This is notwithstanding the adoption of the UAE Data Protection Act as part of the same set of legislative reforms that separately regulates the processing of personal data in the UAE. The criminal sanctions introduced by the new cybercrime law appear to be applicable in addition to the sanctions provided for by the data protection law or similar laws. Article 29 of Federal Law No. 3 of 2016 on the Rights of the Child, also known as the Wadeema Law (PDF, 250 KB), states: Telecommunications companies and Internet service providers shall inform the relevant authorities or agencies of any child pornography disseminated via social media websites and on the Internet and shall provide the necessary information and data about individuals. Companies or websites that distribute such material or that intend to mislead children. The cybercrime law also addresses issues not covered by previous laws, such as hacking (formerly known as unauthorized access), identity theft, electronic bots, and cryptocurrency, as well as increasing penalties (criminal and financial) for violating the law. “This is a very progressive law that explores all aspects of the internet and social media, giving a high-level view of where the UAE is headed.” These landmark new laws bring important changes not only to the way business is conducted in the UAE, but also to the way companies manage and regulate themselves. Failure to comply with these laws entails both financial and criminal penalties, the scope of which will have to be determined by future implementing regulations. Using banned VoIP services through VPNs is punishable under a law prohibiting the use of VPNs to commit a crime, as well as cybercrime and telecommunications laws.1 Convictions under cybercrime laws can result in fines ranging from 500,000 ($136,000) to 2 million dirhams ($544,000). imprisonment or both.
2 Schools in the UAE are increasingly connected to the internet and equipped with e-learning facilities, and many offer tablets for students.8 There are also programs for school leaders to enroll in international computer science training programs.9 In October 2018, the government launched Madrasa, a free digital platform that provides approximately 5,000 instructional videos to 50 million primary and university students. secondary of the region. all translated into Arabic, on subjects such as science and mathematics.10 The program is designed for students in grades 9 to 12, college and university students, professionals, parents and family foundations. UAE`s cybercrime laws are integrated into the curriculum to promote understanding of these laws through local case studies. To improve connectivity in the country, Etisalat and Du have set up their own neutral international Internet Exchange Points (IXPs) called SmartHub and Datamena, respectively.8 Etisalat maintains its nationwide fiber backbone. In 2015, the company selected TeliaSonera International Carrier (TSIC) as its preferred global Internet backbone provider.9 A number of laws restrict anonymous communication online. Amendments to the Cybercrime Law, passed in 2016, stipulate that “anyone who uses a fraudulent computer network protocol (IP) address using a false address or an address of a third party to commit a crime or prevent its detection” is liable to a fine of between 500,000 ($136,000) and 2 million dirhams ($544,000). as well as jail time.1 The clause may refer to VPNs used to circumvent censorship and help conceal the user`s location.