Sharing other's photos could land you in jail

Abu Dhabi - One must have consent before saving or downloading photo

After last week's deportation of an Australian expat, Jodi Magi, who posted a photo of a resident's incorrect parking and was found guilty of cybercrime, there has been an increased awareness on the dos and don'ts on social media and a sharp alertness on privacy rights.
Harriet Balloch, Legal Director at Clyde & Co law firm, states it's important for people, particularly expatriates and visitors, to be aware of what that they can and can't do on social media in the UAE. "The UAE is a conservative Muslim country," she said, adding that, "privacy is highly valued here and the law protects people's privacy."
Balloch emphasised on the matter of protection over privacy and image rights, stating that one must have consent before saving or downloading any photo of another individual on his or her device, be it on a mobile phone or computer. "The Copyright Law, states that the subject of a photograph or video must provide written consent before the photograph or video can be stored, published or distributed, which would include sharing it on social media platforms," she added.
In the context of social networking sites such as Facebook, Instagram and Twitter, the laws state that users are able to post their own photographs, however, they must also obtain permission from the people in the photographs, prior to posting images of others, "especially if the photograph was taken in a private setting," Balloch said, adding that, "it is an offence under the Penal Code to publish news, pictures or comments relating to confidential information about a person's private or family life."
The UAE Cybercrimes Law in the UAE prohibits any publication of pictures or information which violates the privacy of an individual, through any electronic means, which again includes Facebook and even instant messaging applications, such as WhatsApp. Thus, one who violates these laws could land himself in jail, "these are criminal offences punishable by imprisonment and/or fines", she stated.
Balloch also highlighted that copyright infringement is punishable by imprisonment or fines, and an infringement could arise by posting photographs or information without the consent of the owner. "Individuals and businesses may be liable for copyright infringement if they post third party content on social media websites without permission from the rights' owners."
It is therefore essential for the public, particularly expats, to be extra guarded on what they share online, as every country has its own rules and regulations. Therefore, Internet users need to carefully research and understand what is and is not accepted, because every nation holds different laws.
Refer to TRA
"The resources are out there," pointed out Balloch, "those who use social media should look at the white papers issued by the Telecommunications Regulatory Authority (TRA), as it informs people what they can and can't do online. The white papers issued by TRA are intended to educate users on the law," she added.
Balloch stated that reviewing the TRA white papers will help educate those who are new in the UAE, as it includes critical key issues that one should consider before uploading and sharing any content online.
Balloch also highlighted that people should not upload "content which could be considered to be offensive, indecent, harmful to the reputation of another person, or is in any way contrary to the public morals of the UAE," she said.
Today's technological world certainly aids our daily life, however, greater technology often calls for greater educational awareness. Social media users are therefore responsible for their own understanding of the law and should thus not only be ultra vigilant on what to share online, but to also remember the importance of respecting other's privacy and rights.
jasmine@khaleejtimes.com

• UAE
• Abu Dhabi