Federal Decree-law No. 5 Of 2012 On Combating Cybercrimes

[Reginald Hanfy]

Inthe age of the internet, where communication and interaction occur digitally, the frequency of online threats and cybercrimes has become a growing concern for governments worldwide. In response to this challenge, the UAE has enacted laws to combat cyber threats and ensure the safety and security of its citizens and residents in the digital world.

Federal Decree-Law No. 34/2021 Concerning the Fight Against Rumours and Cybercrime specifically addresses electronic extortion and threats. Under Article 42 of this decree-law, anyone who uses information networks or technology to extort or threaten another person may face penalties of detention for up to 2 years and/or fines ranging from AED 250,000 to AED 500,000.

Furthermore, the cyber law extends its purview to include insults and slander spread via digital platforms. Article 43 outlines penalties for those damaging another's reputation or provoking disrespect through information systems. The gravity of these offences may increase to provisional imprisonment for up to 10 years.

Federal Decree-Law No. 31/2021 On the Issuance of the Crimes and Penalties Law supplements these provisions with further penalties for various forms of threats. Articles 402 to 404 outline punishments for different degrees of threats, depending on the severity and circumstances. For instance, threatening someone with harm to life, property, or reputation may result in temporary imprisonment or a jail sentence, depending on the specifics of the threat.

Additionally, Federal Decree-Law No. 31/2021 extends beyond penalizing direct threats. Article 405 of the UAE penal code addresses situations where individuals are detained while carrying dangerous tools or equipment that could pose a threat to public security or safety.

Furthermore, these laws emphasize the aggravating circumstances when threats are directed at public servants or officials in the course of their duties. Such actions not only endanger the individual targeted but also undermine the stability and functioning of public institutions.

The UAE's legislative measures against online threats by imposing penalties for electronic extortion, intimidation, and defamation, aim to create a safer digital environment for its citizens and residents. However, as technology evolves, it remains imperative to continually assess and update these laws to effectively combat emerging cyber threats.

Considering the remarkable increase in cybercrimes[1] in the UAE due to the rapid development in information technology systems, the New Law offers greater protection to citizens and residents in the UAE against online crimes given that it is an advanced law that studies a plethora of internet and social media aspects in light of the ever-growing digital era.

On first impression, the New Law contains some vague and ambiguous definitions and meanings. However, it is anticipated that all the ambiguity would be clarified following its implementation by the UAE Courts.

It is now prohibited to conduct surveys or questionnaires without a license when utilizing any information network under the New Law. It can be implied from this new provision that even students for instance, who, in light of their academic term, are not allowed to conduct surveys for scholastic purposes absent a license.

The Repealed Law provided for the punishment of whoever spreads rumors or false news using any information network, for the purpose of harming the reputation or the status of the UAE, its institutions, or its Rulers. However, subsequent to its amendment, it extended the aforementioned harm to the public, removing its limitation to UAE entities and Rulers only.

It is implied from the text of Article 52 of the New Law that an online user (on social media for instance) could be punished or held liable under the New Law by merely sharing or forwarding or distributing an article or comment containing inaccurate or misleading information/news, even if the said user is not the publisher of such information/news. Online users now have an obligation to check the credibility of the information it intends on sharing.

The New Law finally criminalizes the creation of a fake email account, a fake website or a fake social media account while misleadingly attributing it to any natural or legal person The punishment shall escalate, if the offender uses the fake account in a manner that offends the impersonated, or the fake account is attributed to a governmental entity.

The New Law further criminalizes whoever advertises any goods or service through misleading s/methods which includes inaccurate data and/or whoever advertises, promotes, or deals in any form or encourage others to deal with a digital currency or any payment unit that is not officially recognized in the UAE or without obtaining a license from the competent authority.

There are plenty of fraudulent techniques that cybercriminals use to target victims. For instance, cybercriminals often post false adverts on renowned commercial websites to promote goods that do not exist. The Cybercriminal subsequently attempts to convince the victim to transfer the money prior to the goods being delivered. Once the cybercriminals receive the payment, they would disappear and deactivate the e-mail address and/or phone numbers. Some cybercriminals go so far as to create their own websites or email addresses to promote a fake business. For example, there are several cases where cybercriminals would create an email address almost identical to that of a well-known company but would change a dot or a single letter making it hard for a victim to notice such difference for the purpose of tricking the victim into disclosing valuable and personal information.

The New Law criminalizes the promotion of medical products without a license. In other words, whoever creates, manages, or supervises a website or information network to promote or sell unlicensed medical products or copies of licensed medical products shall be punished with imprisonment and/or fine.

Knowing that physical begging is illegal under the UAE laws, the New Law now criminalizes any act of online begging using any technological means under Article 51. Additionally, Article 51 criminalizes whoever requests assistance using the same means from federal or local government entities in an offensive manner or contrary to the truth.

Making illegal content available and refraining from removing it subsequent to an order from the competent authorities in whole or in part was and still is punishable by law. However, previously, the punishment entailed imprisonment with an unspecified fine. Pursuant to the New Law, the punishment includes a fine of not less than AED 300,000 or not more than AED 1,000,000 without imprisonment.

Article 54 criminalizes whoever creates or modifies an E-robot, with the intention of distributing false news or data inside the UAE or whoever enables third parties to distribute such false news or data. An E-Robot is a software or a program which consists of a set of coded commands or instructions that tell an electronic system what automated tasks to perform.

Under the New Law, a person being accused of Cybercrime can choose to follow an amicable settlement process, with the Cybercrime victim or his representative, either before the public prosecution or the court irrespective of the status of the criminal case, as long as the judgment did not become final yet.

The new sophisticated and well-developed provisions of the New Law are a direct result of the undefined and limitless online world of Cybercriminals and their activities. In this world, the effortless access to information and personal data, and the easy circulation of news and information, has become uncontrollable, to the detriment of many who fell victims to scams, false advertising, and other Cybercrime activities.

[1] According to the official records of the Cybercrime Department at Dubai Police, the complaints and calls related to cybercrimes rose by 3,000 percent since the launch of the E-Crime platform in the past three years

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