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New Cyber Crime Laws In United Arab Emirates – Types, Penalties, and Punishment

The Cybercrime New Amendment elaborates on major information technology crime situations that may jeopardize public safety, promote terrorism-related actions and/or organizations, or even just facilitate heat. According to our interpretation of the Amendment, it is intended to address the harm that improper use of websites or social media accounts can do to social stability, national security, and harmony between residents of various races, religions, and ethnicities living in local communities. It is well recognized that the UAE has several advantages, like variety, tolerance, and security, which place the nation among the world’s best societies.

The UAE’s Government and Law enforcement agencies have zero tolerance for any effort made by any group, person, or organization to use the internet to sow discord or propagate inflammatory information. These issues are covered in more depth in the Cybercrime New Amendment, which also included appropriate penalties for such offenses. For instance, online mockery of some sensitive symbols, such as uploading inappropriate cartoons on social media accounts, would also be susceptible to criminal prosecution and the newly established consequences, which can result in fines of millions of dollars and imprisonment.

The Decree of Federal Law No. 5 of 2012 against cybercrimes has been repealed by the new Decree by Federal Law No. 34 of 2021 (“Cybercrimes Law”).

Types of Cyber Crimes

The most notable aspect of the New Cyber Crime Law is the establishment of new categories of charges that address the rise in cybercrime in the United Arab Emirates and the same are mentioned herein.

Particulars Relevant Law Brief Explanation Punishment/Fine Imposed
Electronic Statement /Communication
Article 10 of Federal Law No. 34 of 2021 R/w Article 15 of Federal Law No. 34 of 2021
The provisions forbid electronic mail spamming to safeguard the confidentiality and integrity of electronic communications. Further, any intentional and unauthorized capture and/or interception of online communications shall be illegal and be punished by the Court of Law.
AED 150,000/- and not more than AED 500,000/- and/or Imprisonment
Compromising Security of United Arab Emirates
Article 28 of Federal Law No. 34 of 2021 Article 29 of Federal Law No. 34 of 2021 Article 30 of Federal Law No. 34 of 2021
Article 28 defines Any publication of information, news, caricatures, or other images that would endanger the security of the state, jeopardize its highest interests, or disturb its public order is prohibited. Article 29 states that anyone who uses an electronic platform or other information technology means to disparage or harm the standing of the state or any of its institutions, the President, the Vice President, any Ruler of the emirates, their Crown Princes, or Deputy Rulers, or the national flag, national anthem, or state emblem shall be punishable under this Law. Article 30 states that anyone who establishes or maintains a website with the intent to undermine the state’s system of government, seize it, undermine or obstruct the state’s constitution or existing laws, or oppose the fundamental values that form the system’s pillars is subject to punishment.
Imprisonment and a fine of up to AED 1,000,000/-.
Defamation
Article 20 of Federal Law No. 34 of 2021
As per the said Article, anybody who uses an electronic site to insult others or to impute to another an event that could subject him to retaliation or disdain by others is subject to imprisonment or a fine
Imprisonment or a fine of not less than AED 250,000 and not more than AED 500,000
Contempt of Religious Believes
Article 35 of Federal Law No. 34 of 2021.
Any person who uses electronic sites to show disrespect for any holy symbols, characters, figures, or rituals of Islam, including the Divinity (Allah, God), and the Prophets, as well as for any other faiths or religions or any of their symbols, characters, figures, or rituals, is subject to imprisonment and a fine.
Imprisonment and a fine of not less than AED 250,000 and not more than AED 1,000,000

Enforcement of New Cyber Laws in

Regarding the execution of this law, there is no anticipation for any technical barriers preventing the Police department or Intelligence employees from bringing such offenses to the attention of the public prosecutors and appropriate courts. The law enforcement authorities in the UAE are now equipped with cutting-edge technology tools to deal with attempts, actions, or behavior by those who purposefully violate the expanded scope of protection outlined in the new amendment to the Cybercrime Law. Thus, there is an appreciation for the newly introduced artificial intelligence era and advanced technology tools in the country.

Due to these reasons, officials can more easily than ever before identify and track down any company involved in intercepting information or messages sent over the internet by using any high-tech or electronic means. The Cybercrime New Amendment may apply to people who repeatedly use these platforms, websites, or social media accounts to peruse the web or use their online services.

Further, it is important to highlight that the Cybercrime New Amendment confirms a judge’s discretionary right to alternate statutory sanctions with administrative remedies. For instance, judges may refer convicted individuals for rehabilitation, monitoring, and to be kept under electronic custody and restraint for a discretionary period that the court may determine appropriate depending on the facts of the case rather than imposing mandatory fines. The judges have the right to exempt unique cases when the circumstances of the offense do not call for the imposition of such punishments.

Conclusion

The UAE upholds a high degree of acceptance, tolerance, and respect for people from all origins and cultures. With residents from more than 180 different countries, the UAE developed a balanced strategy to maintain stability and acceptance.

The Cybercrime New Amendment states that any electronic behavior that violates or tries to undermine this concept could result in a fine of AED 1 million and temporary incarceration for the offender. Sanctions will be applied to any parody content or generally objectionable cartons that are produced, published, or promoted in violation of public policy or the interests of law enforcement, judicial institutions, or homeland security.

“The public and residents in the UAE need to become aware of Cyber Laws to avoid promoting explicitly offensive or dangerous ideas, any illegal activities, and setting up websites to publish information or materials.

Harshit Tehran | Legal Consultant | C360

Harshit Trehan

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