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Content crimes in the Law on Combating Rumors and Electronic Crimes - UAE

The content is defined as the information, data, and electronic services that can provide value to the recipient in specific contexts. However, this content can be misused in an unauthorized manner, the punishment for which is specified in the UAE Anti-Rumors and Cybercrimes Law No. 34 of the year 2021. This law will be relied upon in classifying forms of crimes related to content and their respective penalties.

  1. Calling for and promoting the disruption of constitutional provisions and laws: This crime involves creating or managing websites, supervising them, or disseminating information, programs, or ideas that include or aim to overturn or change the government system in the country, seize it, or disrupt the provisions of the constitution or laws in the country. This is done through the use of information networks or any technological means. The punishment for this crime, according to Article 20 of the law, is life imprisonment. The same penalty applies to anyone who promotes or incites any of the mentioned actions or facilitates them for others.

  2. Advocating and promoting terrorist groups: This crime involves creating or managing websites, supervising them, or disseminating information or data on the information network or any technological means, for a terrorist group, organization, or entity with the intention of facilitating communication with its leaders or members. The punishment for this crime, according to Article 21, is imprisonment for a period of no less than ten years and no more than twenty-five years, along with a fine of not less than two million dirhams and not more than four million dirhams.

    Alternatively, imprisonment for a period not exceeding five years and a fine of not less than five hundred thousand dirhams and not more than one million dirhams may be imposed on those who carry the content of any of the mentioned websites, rebroadcast it, or republish it by any means or repeatedly access it to view it or publish any content that includes incitement to hatred.

    In cases other than repeat offenses, the court may, instead of the mentioned penalties, order the accused to be placed in one of the rehabilitation centers or be placed under electronic surveillance, prohibiting the use of any information technology means for a period determined by the court, not exceeding the maximum punishment prescribed.

  3. Disseminating information to harm the interests of the state: In this case, the criminal provides information, data, reports, or documents to any organization, institution, person, or entity without authorization, which could harm the interests of the state, its government agencies, or damage its reputation, prestige, or position. This is done using the information network or any information technology means. According to Article 22 of the law, the criminal is subject to temporary imprisonment.

  4. Incitement to undermine state security and assault on judicial control officers: Article 23 of the law addresses this crime, which specifies temporary imprisonment and a fine not exceeding one million dirhams as a penalty for anyone who creates or manages a website, supervises it, or uses information on the information network or any information technology means with the intention of inciting acts or disseminating information, news, cartoons, or any other images that endanger state security and its highest interests or harm public order, or assault judicial control officers or those responsible for enforcing the laws.

Promoting Sedition and Harming National Unity: In this case, the criminal creates or manages electronic websites, supervises them, or disseminates information, programs, or ideas that involve inciting sedition, hatred, racism, sectarianism, or promoting any of them through the use of information networks or any information technology means. Such actions can harm national unity, social peace, disrupt public order, morals, or endanger the interests of the state. The punishment for the criminal in this case is specified by Article 24 of the law, which includes temporary imprisonment and a fine of not less than two hundred thousand dirhams and not exceeding one million dirhams.

Mockery and Harming the Reputation of the State and its Symbols: According to Article 25 of the law, anyone who publishes information, news, data, visual images, or visual materials, or spreads rumors on a website, electronic network, or any information technology means with the intent of mocking or harming the reputation, prestige, or position of the state, its authorities, institutions, leaders, national flag, anthem, or any of its national symbols is punishable by imprisonment for a period not exceeding five years and a fine not exceeding five hundred thousand dirhams.

Calling for and Promoting Unlicensed Demonstrations: Article 26 of the law addresses this situation, specifying imprisonment and a fine of not less than two hundred thousand dirhams and not exceeding one million dirhams, or either of these penalties, for anyone who creates or manages a website, supervises it, or uses information networks or any information technology means to plan, organize, promote, or call for demonstrations or marches without obtaining a license from the competent authority.

Incitement to Disobey Legislation: Anyone who calls or incites, through publishing information on the information network or information technology means, to disobey the legislation in force in the country is punishable according to Article 27 of the law. The penalty includes imprisonment and a fine of not less than one hundred thousand dirhams and not exceeding five hundred thousand dirhams, or either of these penalties.

Disparaging a Foreign State: This crime involves publishing information or data on the information network or any information technology means that includes disparaging a foreign state. Article 28 of the law stipulates imprisonment for a period not less than six months and a fine of not less than one hundred thousand dirhams and not exceeding five hundred thousand dirhams, or either of these penalties. Prosecution in this crime is only initiated by the Attorney General of the Union.

Trafficking and Promoting Firearms, Ammunition, or Explosives: The criminal, in this case, creates or manages an electronic website, supervises it, or disseminates information on the information network or any information technology means with the intent of trafficking or promoting firearms, ammunition, or explosives in ways not legally permitted. According to Article 29, the punishment for such actions is imprisonment for a period not less than one year, a fine of not less than five hundred thousand dirhams and not exceeding one million dirhams, or either of these penalties.

Transfer, Possession, Use, or Acquisition of Illegitimate Funds: According to Article 30 of the law, anyone intentionally engaging in specific actions related to illegitimate funds through information networks, electronic information systems, or any information technology means is punishable by imprisonment for a period not exceeding ten years and a fine of not less than one hundred thousand dirhams and not exceeding five million dirhams. This includes the transfer, concealment, or acquisition of illegitimate funds, as well as creating or managing a website to facilitate such actions or incite them.

 

Trafficking and Promotion of Drugs and Psychotropic Substances: Creating or managing a website, supervising it, or disseminating information on the information network, or any information technology means with the intent of trafficking or promoting drugs or psychotropic substances, their usage, or facilitating their dealings in ways not legally permitted, is punishable under Article 31 of the law. The punishment includes temporary imprisonment and a fine of not less than five hundred thousand dirhams and not exceeding one million dirhams, or either of these penalties.

Creating or Managing a Website for Human Trafficking: Anyone who creates or manages a website, supervises it, or disseminates information on the information network or any information technology means with the intent of human trafficking or dealing with human organs illegally is punished according to Article 32 of the law. The penalty includes temporary imprisonment and a fine of not less than five hundred thousand dirhams and not exceeding one million dirhams, or either of these penalties.

Incitement to Immorality and Prostitution: Article 33 of the law imposes imprisonment and a fine of not less than two hundred and fifty thousand dirhams and not exceeding one million dirhams for anyone who incites or persuades another to commit prostitution or immorality or assists in doing so using an information network or any information technology means. The penalty is increased to a minimum of five years of temporary imprisonment and a fine of not more than one million dirhams if the victim is a child.

Publication of Pornographic Materials and Offending Public Morality: Creating or managing a website, supervising it, broadcasting, sending, publishing, redistributing, or displaying via the information network any pornographic materials or materials that may offend public morality is punishable under Article 34. The offender is subject to imprisonment and a fine of not less than two hundred and fifty thousand dirhams and not exceeding five hundred thousand dirhams, or either of these penalties. The same penalties apply to anyone who produces, prepares, arranges, sends, or stores pornographic materials with the intent of exploitation, distribution, or presentation to others via an information network.

If the content involves a child or is designed to entice children, the perpetrator is punished with imprisonment for not less than one year and a fine not exceeding five hundred thousand dirhams, or either of these penalties.

Use of Children in Producing Pornographic Materials: Anyone who incites, persuades, or assists a child in broadcasting, preparing, or sending pornographic materials using an information network or any information technology means is subject to imprisonment for not less than two years and a fine of not less than two hundred and fifty thousand dirhams and not exceeding one million dirhams, or either of these penalties. The penalty is increased to temporary imprisonment and a fine not exceeding one million dirhams if the prepared

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