New Media Regulation in the UAE: Understanding UAE’s Federal Decree-Law No. 55/2023

Introduction:

The UAE has recently introduced a significant regulatory framework with the issuance of Federal Decree-Law No. 55/2023, focusing on the regulation of media activities in the country.

This comprehensive law, which abrogates Federal Law No. 15/1980 on Press and Publication, outlines a specific framework for the governance of media institutions, information media, and other entities involved in the broadcasting of information.

Defining Key Terms: Article 1 of the decree-law provides an extensive definition for terms such as:

• • Media: Involves the broadcast, publishing, printing, and distribution of spoken and digital information and news, excluding private correspondence.
  • Information Media: Includes readable, audio, visual, and electronic means, along with games, television and radio production, press, printing, and electronic publications.
  • Media Content: Refers to readable, audio, visual, or digital material that includes information, opinions, and various works published through media means, excluding private correspondence.
  • Foreign Media Content: Involves readable, audio, and visual media content produced outside the UAE and published within the UAE.
  • Media Institution: Refers to an entity licensed exclusively to practice media activities.

Scope and Objectives:

Article 2 of the decree-law applies to individuals, facilities, media institutions, information media, and free media zones involved in media activities within the UAE. The Decree-Law aims to achieve several objectives, including regulating various forms of media activities, strengthening the country’s position in the media sector, establishing a modern legislative environment, and improving the quality and influence of media content within the UAE.

Ownership Criteria and Licensing:

Article 4 outlines the ownership criteria for individuals and persons seeking to own Media Institutions or Information Media. For individuals, having legal capacity, a good reputation, and necessary approvals are essential, along with compliance with Implementing Regulation requirements. Juristic persons must adhere to Commercial company laws, limit their activity to Media Activities, obtain approvals, and meet other specified regulations.

Article 5 outlines the issuance of licenses or permits for Media Activities, subject to fulfilling controls, meeting content standards, and not having a history of suspension or prohibition, among other requirements. Article 6 focuses on practising Media Activities in Free Zones, emphasizing adherence to controls, geographic boundaries, and renewal obligations.

Media Activities and Standards of Media Content:

Article 8 defines Media Activities broadly as any activity related to the production, transfer, distribution, printing, publishing, and broadcasting of Media Content. This includes various forms such as radio and TV broadcasts, video game services, cinema movies, newspapers, electronic and digital media activities, photography, book fairs, and more.

The standards of Media Content are outlined in Article 17, emphasizing respect for religious beliefs, adherence to UAE regulations, cultural heritage, and community values while avoiding content that provokes conflict, violence, or violates privacy.

Additionally, Articles 9 to 15 of the decree-law regulate specific aspects of media activities within the UAE, including radio and television broadcasts, cinema movies, newspapers, electronic and digital media activities, photography, book fairs, and the reprinting of foreign publications.

Foreign Media Offices and Content Standards:

Articles 16 and 17 cover licenses for foreign media offices and the standards of media content. Article 16 outlines the licensing process for these offices specifies conditions and controls for their staff and emphasizes essential standards for media practitioners.

Permits for Printing and Circulating Media Content:

Article 18 focuses on obtaining permits for printing, circulating, and publishing media content, with the Competent Authority managing the process and setting controls.

Age Classification and Advertisement Standards:

Articles 19 and 20 address age classification standards for media content, especially for books, video games, and cinema movies. and emphasize that advertisements or publicity should align with media content standards and not harm public interest, with clear labelling as advertising material.

Intellectual Property and Control Mechanisms:

Article 21 highlights collaboration with relevant entities to promote intellectual property protection in the UAE, requiring compliance from persons, facilities, and media institutions. Article 22 details the control and inspection responsibilities of the Competent Authority and the Council over media practitioners and institutions.

Administrative Penalties:

Article 23 outlines administrative penalties for individuals, facilities, or media institutions found in violation. Offenders may face warnings, fines ranging from AED 1,000 to AED 1,000,000 which may exultate for repeat offenses but not exceed AED 2,000,000, administrative closure renewable for up to 6 months or permanent closure for non-licensed institutions.

Additionally, cancellation of licenses or permits. Article 24 authorizes the Council of Ministers to issue a list of violations and administrative penalties. Article 25 grants law enforcement capacity to designated employees of the Council or the Competent Authority to detect violations.

Fee Determination and Regulation Implementation:

Article 26 permits the Council of Ministers, in coordination with the Minister of Finance, to determine the fees for media activities’ licenses and permits. Article 27 mandates the Chairman to make decisions for implementing the regulation, which must be issued within 6 months.

Conclusion:

Federal Decree-Law No. 55/2023 aims to promote a responsible and dynamic media environment in line with global standards.