Philippine officials and UAE authorities have cautioned Filipino expats in the UAE to be mindful of their online posts and shares, as posting certain types of content could lead to imprisonment.
The stern warning came following reports about five overseas Filipino workers (OFWs) who were arrested in the UAE for posting an “indecent” TikTok video. What started as a seemingly harmless video among friends has landed them in legal trouble, as viewers mistook them for prostitutes, and a complaint was filed against them.
Posting such online content is strongly discouraged in the UAE, and those who do so may face punishment under Federal Decree Law No. 34 of 2021 on Combatting Rumors and Cybercrimes, also known as the “UAE Cybercrime Law.” The country has a reputation for having strict regulations on social media use, and it is crucial for citizens, expats and visitors alike to be mindful of what they share online.
H.E. Alfonso A. Ver, Philippine Ambassador to the UAE, said in an online interview with The Filipino Times: “The Philippine Embassy in Abu Dhabi is in coordination with the Philippine Consulate General in Dubai, and I have been informed by Consul General Renato Dueńas that the Consulate’s Assistance To Nationals (ATN) Team has visited the five Filipino nationals, and that the Consulate’s legal retainer attended the hearing on April 17, upon instructions from the DFA’s Office of the Undersecretary for Migrant Workers’ Affairs.”
“The Consulate will continue to ensure that their welfare needs are met and will likewise monitor the case. The Embassy is one with the Consulate in calling on all Filipinos in the UAE to respect the customs of the host government and be mindful of content that they post on social media.”
1 Posting of content that is harmful to women or children
The UAE Cybercrime Law is aimed at protecting vulnerable members of society from cyberbullying, harassment, and exploitation. The UAE government is committed to ensuring that the Internet remains a safe space for all citizens and residents, especially for women and children.
Under Article 32 to Article 34 of the UAE Cybercrime Law, one must refrain from posting any content which is harmful to women or children, such as human trafficking, pornography, prostitution, and acts against public morality.
2 Posting of content that insults Islam or any religions
The UAE boasts a diverse population of nearly 200 nationalities and multiple faiths, where Islam is the predominant religion. While the government tolerates the practice of other beliefs, not all individuals in the country may comprehend or accept the differences in beliefs. Under Article 37 of the UAE Cybercrime law, any person using social media to disrespect holy symbols, figures, or rituals of any religion, including Islam, can face imprisonment or fines.
In January 2020, three guards working at a five-star resort were each fined AED500,000 by a Dubai court for insulting Islam on social media. The three Asian nationals were deported after paying the fines for contempt of religion through their posts on Instagram and Facebook.
3 Posting of content that invades someone’s privacy
Privacy is a fundamental right that protects individuals from unwanted intrusion into their personal lives and the ability to control their personal information. Social media platforms pose unique challenges to privacy as they enable the sharing of personal information with a broad audience, often leading to privacy violations. Violating an individual’s privacy is punishable in the UAE, as per Article 44 of the Cybercrime Law.
In January, a man in Abu Dhabi was reported for sharing pictures of two people in a TikTok and Snapchat video without their consent. The two sued the netizen, seeking AED51,000 as moral compensation for invasion of privacy. The Abu Dhabi Court for Family and Civil and Administrative Cases ruled in favor of the complainants, although a lower payout was suggested.
4 Posting of rumors and false news
If you’re sharing information online in the UAE, it’s important to be aware of the laws around publishing false news. Article 52 of the law states that anyone who shares false information that contradicts official news sources can be punished by law. This can include spreading rumors or misleading information.
Unfortunately, a TV journalist and his interviewee violated this law in November 2020. They spread false news claiming that five members of an Arab family had died of COVID-19. The Public Prosecution found the claims to be false and the journalist and interviewee were arrested shortly after. They have been sentenced to two years in prison by the Abu Dhabi Court of Appeal.
The country takes the spreading of false news very seriously because it can cause panic, incite violence, and damage the reputation of individuals and organizations.
5 Posting of content that defames others
Defaming someone by making false statements that harm their reputation is a criminal offense in the UAE. If found guilty, individuals can face legal consequences. In April 2019, a British woman was arrested in the UAE for calling her ex-husband’s new wife a “horse” on Facebook, despite writing the comments while in the UK. Her ex-husband’s new wife, who also lives in the UAE, reported the comments.
Local media reported that the British woman and her daughter flew to the UAE in March 2019 to attend the funeral of their husband and father, who had died of a heart attack. She was arrested while in the UAE. Although she was later bailed.
Under Article 43 of the Cybercrime law, anyone who insults others or ascribes to them an incident that would subject them to punishment or contempt by others using an information network, information technology means, or an information system, shall be punished by law. It’s essential to use social media responsibly, respecting the rights of others and not crossing the limits of decency.
Atty. Imran Khan, a UAE-based lawyer and founder of I K Lawyers, highlighted the importance of respecting local laws and culture while posting on social media. He emphasized that violating these rules can result in imprisonment, deportation, or a fine. “People should always respect the law of the land, local culture, and general moral things while posting on social media,” he advised in an online interview.
How to report cybercrimes
If you come across any cybercrimes, you can report them easily through several channels, including the eCrime website, Aman service by Abu Dhabi Police, Dubai Police’s website, and the ‘My Safe Society’ app launched by the federal Public Prosecution in the UAE. You can also report these crimes by contacting your nearest police station or dialing 999 for immediate assistance.
Fines for law violation
- Content which is harmful to women or children, such as human trafficking, pornography, prostitution and acts against public morality – imprisonment ranging from one to five years and penalties from AED250,000 to AED1 million
- Offensive posts which defame Islam or any other recognised religions – imprisonment of up to seven years and penalties ranging from AED250,000 to AED1 million
- Content which invades someone’s privacy and personal life – imprisonment of at least six months and penalties from AED150,000 to AED500,000
- Posting of rumours and false news – imprisonment for at least one year and fine of AED100,000
- Content which defames other people – imprisonment and/or a fine of AED250,000 to AED500,000
- Fake news during pandemics, emergencies or crises — imprisonment for two years and AED200,000 fine
- Photos or videos of accident or crisis victims, whether dead or injured —imprisonment for six months and/or AED150,000 to AED500,000 fine
- Pornography or indecent content — imprisonment and/or AED250,000 to AED500,000 fine
- Misleading or inaccurate ads — imprisonment and/or AED20,000 to AED500,000 fine
- Content which asks for donations — imprisonment and/or AED200,000 to AED500,000 fine