New legislation now in force will help bring media law in the United Arab Emirates (UAE) “into the digital age,” according to a technology law expert.
Coming into force at the start of December, the new law, Federal Decree-Law No. 55/2023 On the Regulation of Media (8 pages/106KB), focuses on electronic and digital media, covering a broad range of platforms that allow media and advertising content shared with the public through digital means. For example, the legislation applies to IPTV, video on demand services and streaming services. The new law also covers social media and gaming, setting out rules to ensure these platforms take full responsibility for content published on them.
The previous legislation, the Publications and Publishing Law, dating back to 1980 (Federal Law No. 15), has been repealed.
“The stated focus of the law is to support the continued development of the UAE media sector,” technology and media expert Martin Hayward of Pinsent Masons said. The legislation also sets out “the importance of maintaining individual privacy”, as well as incorporating measures to reduce the promotion of “destructive ideas” and the abuse of young people online, Hayward added.
Under the new law, media businesses across the UAE as well as media businesses operating outside the UAE but delivering media content within the UAE will be subject to licensing requirements. The new law also looks to extend to the digital or smart applications that display foreign media content.
The new law sets out the licensing conditions for practising media activities in the UAE and . the new law’s executive regulations, once issued, may contain additional licensing requirements. Until the new regulations are issued, the regulations of the old Publications Law will continue in effect. The new law’s executive regulations are expected to be issued within 6 months of the new law coming into force (i.e. by May 2024).
Licence requests must be submitted to a newly established entity, the Emirates Media Council. Other licensing or permitting requirements, from other government authorities (e.g. emirate-level media authorities, free zone authorities, the UAE telecoms regulator, etc.), may also apply.
The new law will impose penalties on companies in breach, with administrative fines of up to 2m AED (US$545k) as well as possible suspension or even temporary closure of media institutions or licence revocations. More details will be issued in the executive regulations. Additional penalties under other UAE laws also remain applicable.
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