A Click is all it takes to ruin someone’s life. Snapchat,
Instagram, Facebook are one of the few common social media platforms to share
pictures, messages and videos. The Internet is a vast world which has made it
easy for everyone to connect virtually. The presence of these social media
websites gave us the opportunity to connect with people make friends online and
exchanges pictures, messages and videos. However, sometimes specific messages,
pictures or videos socially embarrass us in the virtual world, and we name it
as cyber bullying.
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The era of technology as we say it has made it inevitable
for us to ignore the technological devices used by us or most importantly by
children. Indeed it has made life more accessible, yet, it poses a menace as
children can easily misuse it. Some schools require children to have devices
like laptops or tablets instead of books. Thus, it is pertinent for schools to
understand the appropriate use of such devices and must educate children on the
same. Accordingly, schools must strictly restrict children for misusing the
technology and engage in cyber bullying. Under the Dubai Schools Law, a school
can face legal consequences if they were aware of cyber bullying activities
happening and they failed to take any action. Criminal Lawyers in
Dubai through this article will highlight the legalities surrounding
the misusage of technology by young children and penalties that can be imposed
if found guilty.
Controlled Access
There is no specific age to access the internet, and there is no law which restricts an individual below a certain age to access the social media or internet. However, there are certain guidelines issued by Telecommunications Regulatory Authority regarding the access of adult content. In addition, there are certain social media platforms which require a person to of a certain age to access the website like Facebook only allows account where the user is above 13 years of age and parents of below age children might request for deletion of such account. These social media websites have though created rules and regulations for controlling access to underage children, however, they are not enough to legally constraint the child from having access to adult content or other unrestricted data.
Legal Protection from Cyber bullying
Any usage of electronic means to harass or embarrass a
person either by sending a message to the concerned victim or his natives. It
is merely bullying that has become digitalised. These social media platforms
have made it easy to spread negative and hurtful information about victim
leading to his/her serious breakdown. The Internet is a place when nothing ever
dies; it remains there and so is content used for cyber bullying it will always
remain constant.
There are enormous laws promulgated by UAE with the
intention to protect the privacy and confidential information of an individual.
In addition, there are laws to protect children rights such as Federal Law
Number 3 of 2016 regarding UAE Child’s rights. Further, under Federal Law
Number 3 of 1987 regarding UAE Penal Code, Defamation is considered as an
offence. Cyber bullying is also a kind of defamation through the usage of
social media platform. However, one can also take the assistance of Federal
Decree Number 5 of 2012 regarding Com-batting Cyber crime.
Comparing the provisions of Penal Code and the Cyber crime
Law, it is more appropriate to seek recourse under the Cyber crime Law as the
penal code does not specifically involve the content available or transmitted
online through an electronic device. Article 20 of Cyber crime Law is an
example of such comparison which states that anyone who commits the offence of
slander whereby he insults someone by using information technology tool shall
be punished with a fine not exceeding AED 500,000 and/or imprisonment. The
offence is also punishable under Penal Code. However, the penal code does not
define the medium used for slander as compared to cyber crime law. The
punishment mentioned in the Cyber crime Law can be reduced for Juvenile in
accordance with Federal Law Number 9 of 1976 concerning the Juvenile Law.
Cyber bullying can be undertaken by way of clicking pictures
or making videos without the person’s consent or which is otherwise not authorized
or were taken on the basis of trust and confidentiality. We have published
several articles concerning the legalities concerning the images taken without
consent. Severe penalties such as imprisonment or fine not exceeding AED
500,000 can also be imposed on those whose use any material which considered as
pornography, in accordance with Article 17 of the Cyber crime Law. The
concerned provision not only punishes the use of any material it punishes all
those who forward and save such data in their technological device. Further,
imprisonment for one year and a fine not exceeding AED 150,000 will be imposed
if the pornography material involves a woman less than the age of 18 years.
Measures to stop Cyber bullying
UAE government has provided several laws under which one can
initiate legal action for any cybercrime. Cyber bullying can have a major
impact on the life of the child as he or she is exposed to the social world.
Any legal action against the accused can be disadvantageous for the victim as
he or she may have to disclose certain information to the competent authority.
UAE law has tried every bit to safeguard the interest of the child by not
asking the child to attend the court, if not required.
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Nevertheless, bullying is a serious issue considering it is digitalised and has no end. The material can be taken off from one device or some social media website, yet it can still be pulled out in future. Thus, Lawyers in Dubai always suggest the parents and guardians make proper constraints on the content seen by their children.
Author
Al Rowaad Advocates is a full-service law firm in UAE, duly licensed to perform legal services and advocacy in the United Arab Emirates with a head office in Dubai and branch office in Abu Dhabi. Our firm serves and represent both local and expatriate companies and individual clients.
