Legal officials emphasized that the belief of some – that taking pictures of other people in public places, and publishing them, is legal behavior and does not represent an attack on privacy – reflects an incorrect understanding of the law, or an inaccurate explanation for some of the judicial rulings that have been acquitted of some of this charge.
They told «Emirates Today» that the Emirati legislator was explicit in relation to criminalization of photography in special places and occasions, but he also protected the right to privacy even if it was in public places, and restricted it that the person should be satisfied with his photography and publish his image, otherwise he turned into a victim.
In detail, the Assistant Commander -in -Chief of Dubai Police for Criminal Investigation, Major General Khalil Ibrahim Al -Mansoori, told «Emirates Today» that Dubai Police is firmly confronted with the actions of the curious who are photographing others without their knowledge in public places such as beaches, stressing that every person has the right to practice His normal life without inconvenience or violation of his privacy even if he is in a public place.
He added that photography in public places, although it is legal, but it should not affect the rights of others to enjoy the privacy of their actions in the place, so it cannot be imagined that anyone has the right to photograph others just because it is not in a special place.
Al -Mansouri explained that the relevant patrols interfere with firmness, when they monitor one of the people who depict any beach goers without their knowledge, and it is warned and ensuring that no pictures of others take, and if the behavior itself is repeated, the necessary measures are taken against him.
He stressed that one of the main reasons for the export of the UAE in general and Dubai in particular, the list of the safest countries, is the ability of its residents to exercise their lives with freedom and safety, as long as their actions were under the umbrella of the law, without changing their ranks or affecting their right to reassurance.
The Court of Cassation in Dubai finally contradicted a judicial ruling issued by the Court of Appeal to innocently person photographing women during swimming, and publishing pictures on social networks, including the WhatsApp application.
In this incident, after the issuance of the ruling of the innocence, the Public Prosecution demanded that it be stabbed, to punish the accused in accordance with Article 21/3 of the Federal Law No. (5) of 2012, regarding the fight against information technology crimes, and the Court of Cassation ruled to veto the ruling. The contested, and refer the lawsuit to the Court of Appeal formed by other judges to consider it again.
The Public Prosecution pleaded with the contested ruling to deficiency in causing and corruption in reasoning and error in the application of the law, as he did not fulfill the incident of the case sufficiently, and ignored the legal protection that the legislator attained in a decree of a federal law No. (5) of 2012 regarding combating information technology crimes, on The sanctity of the private life of individuals, on a basis of saying that the victims were in a public place (the hotel’s swimming pool), but this contradicts the intention of the legislator, and a correct understanding of the law that preserves the private life of man, and does not leave room for tampering with it, or infringe on it in any way .
For his part, lawyer Rashid Sultan Al -Kitop said that the Emirati legislator has protected privacy in public and private places, constitutionally and legally, and made the attack on it a crime that requires punishment, as the law deals, in its article, 378 penalties, aspects of assault on the sanctity of private or family life without consent The victim, by taking or transferring the image of a person in a special place, if the actions are issued during a meeting on a hearing or an end of those present at that meeting, then the consent of these is supposed.
He added that Article 21/3 of the Information Technology Crime Law stipulates the punishment for imprisonment and a fine for everyone who used information technology in assaulting the privacy of a person by taking his pictures, or preparing, transferring electronic images, detecting, copying or retention. Its news, electronic photos, photographs, scenes, comments, data, or information even if they are correct and real.
Al -Kitop pointed out that all legal texts criminalized the violation of privacy in public places (malls, public parks) and private places together, without exception, due to the availability of the purpose that the legislator protected in both cases, which is the attack on the privacy of a person wherever it is, as the law in order to protect the right Everyone is to ensure his own life, its prohibition, whether in a public or private place, and the image of the person is an extension of his body, and it refers to the personality of its owner, and then takes his rule in terms of prejudice to his own life.
He explained that most of the provisions of discrimination ended in the punishment of anyone who transgresses others by taking pictures of him in public and private life, noting that the rulings that ended up with the opposite are related to various circumstances, and the belief that it is considered photography in a public place is not a violation of privacy, and it involves an inaccurate explanation she has.
The ketop stated that by referring to the reasons for one of the rulings innocent the accused in the case of photographing in a public place, it was found that the ruling was based on the satisfaction of the victim when they were photographed, and there is no doubt that contentment prevents the condemnation, and if the victim is not satisfied with the crime, the crime falls, pointing out that another ruling on innocence It was based on another restriction, which is that the image was not of a special nature, as it did not include what was proven to be surreptitious.
He stated that, based on this, it must be noted that there are restrictions on the process of filming in public places, and not permissible for its general, as the law criminalizes the assault on privacy, whether in a public or private place, and for each of the incidents before the judiciary its specificity, so the judge looks at it in light The evidence and circumstances offered it, and the public prosecutor fulfilled it on the criminal case.
In addition, a first legal advisor, Wajih Amin Abdulaziz, said that the image is a reflection of the person’s personality, not only in its material appearance, but in its moral appearance, as it carries his features and reflects his feelings and the effects of time on him, which makes it one of the basic elements related to his own life, and assaulting them In any of the images is an attack on the sanctity of this life, so everyone has the right to object to its filming or publish its pictures, and use it in any way, as long as it is without its consent.
He added that although the protection of private life has received the interest of jurisprudence and law long ago, with the development of communications technology and the increase in the number of smart phone users, photography is no longer exclusive to professionals or professionals, but rather has been available to everyone, and a tool that can be misused, what Imposing a double importance to protect private life by the legislator.
He explained that there is no disagreement in jurisprudence and the elimination that depicting people in private places without permission is a crime punishable by law, but a legal problem arises if it comes to photographing in public places, as jurisprudence opinions are numerous in this regard, there are those who see that there is no crime as it is With the presence of a person in a public place, it has become part of it, but the most accurate opinion is that this rule is not absolute but rather bound by conditions, including that it is not to take the picture or spread it what affects the private life, and that it is within the general scene of the place, and if it is proven the opposite, and the intention is the person The crime of violation of privacy.
He stressed that storming the sanctity of private life is a criminal’s work even in public places, so it is not permissible at all to follow or portray the person without his knowledge, whatever the motives, because the sanctity of private life is resolved under the constitution and the law, and filming in this way and this method is a violation of this sanctity.
He pointed out that the Emirati legislator was keen to increase the penalty for this crime, in light of what was stated in the text of Articles 2, 21/3 of Federal Law No. (5) of 2012, regarding the fight against information technology crimes by punishing everyone who took pictures of others Or transfer, detect it or retain them, or publish electronic or offgoing electronic images, with imprisonment for a period of no less than six months, and a fine of no less than 150 thousand dirhams and not exceeding 500 thousand dirhams, or one of these two penalties.
He emphasized that photographing people surreptitiously in public places, is an illegal act, and an assault even if it is not harmful and harmful to the right of a person to reassurance, which no one may infringe on.
For his part, the legal advisor, Dr. Youssef Al -Sharif, stated that there are many rights guaranteed by constitutions, and it is not permissible to violate them without legal requirements, and the violation of any of these rights is a crime, including the right to privacy in its broad sense, whether it is the privacy of people or housing, And others.
He said that in light of the obsession with photography, especially in public places, many are vulnerable to committing the crime of violating privacy, which is to take pictures of a public place that includes people without their knowledge and without being concerned with these images, then publishing these images via social networks or others From the means of publishing.
He explained that there are legal articles that are commensurate and criminalized and punished this act, including what is stipulated in Article (378/1/A) of the Federal Penal Code, and the subject corresponding to it by decree by the Federal Law No. ( 5/2012) Regarding the fight against information technology crimes, which is Article (21), and Article (43) of Federal Law No. (7) of 2002, regarding the rights of the author and neighboring rights.
He emphasized that the sinful photography and legally punishable has two cases. If they were not concerned with those pictures.
Photography victims of accidents
The Abu Dhabi Police Traffic and Patrols Directorate warned the public and road users against violating the privacy of traffic accidents with gathering and photography, considering these behaviors one of the most dangerous negative behaviors that harm the achievement of the public interest, and impedes the road to police, ambulance, rescue and civil defense cars, while moving to perform their tasks in Rescue and ambulance on accident sites.
She emphasized the lack of negligence against everyone who violates the privacy and feelings of the injured, through gathering, photographing them and publishing their photos through social media.
It considered the curious gathering of accidents to take pictures or watching, a negative behavior and a violation of the privacy of members of society, by publishing their photos on social media, as this behavior exposes them to legal accountability.
Video that refers an actress to “crimes”
The state courts witnessed many cases related to the violation of privacy due to photography, which included cases in which actors and social media were involved, including the issue of an Arab actress who used the information network to attack the privacy of a person, by filming a video of him, and posted it on the social media program “Snapchat” , And the video clip saw one million and 200 thousand people via “YouTube”, the court condemned it and ruled it with a fine of 100,000 dirhams, and the confiscation of the phone used in the crime.
– The right to reassurance is guaranteed anywhere, and the person’s consent for photography and publishing is necessary.
– Population freely exercise their lives, one of the reasons for the UAE to lead the list of the safest countries.
