Combating cyber crime in UAE
Nowadays, means of information technology are considered as the backbone of public and private institutions work, means of information and communication technology have become involved in all areas of life and our current age is called (informatics age). And we also have got new terminologies for this age such as e-government, e-commerce, e- document, e- signature, information network, cyberspace, and hacking. On one hand, these means facilitated the transition of information and communication between people, on the other hand, these means have been misused and have been used as a means to commit certain criminalized acts such as electronic fraud, blackmailing, libel and insulting. Therefore, the UAE`s legislator issued the necessary legislations to regulate the use and criminalize acts which intend to use it illegally and working to protect the society from abuse. Then, the UAE`s legislator promulgated the Federal law No. 2 of 2006 concerning combating cybercrimes then this law has been replaced on August 13th, 2012 by the federal law decree No. 5 of 2012.
We will highlight some points in which penalty shall impose:
Ø Shall be punished whoever gains access to a website, an electronic information system, computer network or information technology means without authorization or over authorization or unlawfully remains therein.
Ø Shall be punished whoever accesses a website, electronic information system, computer network, or information technology means without authorization whether such access is intended to obtain government data, or confidential information relating to a financial, commercial or economical facility.
Ø Shall be punished whoever commits forgery of any electronic document of the federal or local government or authorities or federal or local public establishments.
Ø Shall be punished whoever obtains, possesses, modifies, destroys or discloses without authorization the data of any electronic document or electronic information through the computer network, a website, an electronic information system or information technology means where these data or information are related to medical examinations, medical diagnosis, medical treatment or care or medical records.
Ø Shall be punished whoever hinders or obstructs access to the computer network or a website or an electronic information system.
Ø Shall be punished whoever uses a fraudulent computer network protocol address by using a false address or a third-party address by any other means to commit a crime or prevent its discovery.
Ø Shall be punished whoever willfully and without authorization runs a software on the computer network or an electronic information system or any information technology means, and caused them to stop functioning or being impaired, or resulted in crashing, deletion, omission, destruction or alteration of the program, system, website, data or information.
Ø Shall be punished whoever takes over personal property, benefit, deed or its signature whether for oneself or other persons and without legal right, by resorting to any fraudulent method or by adopting a false name, or false personation through the computer network, or an electronic information system or any information technology means.
Ø Shall be punished whoever publishes or re-publishes credit or electronic card numbers or data or bank accounts numbers of data which belong to others or any other electronic payment method.
Ø Shall be punished whoever forges, counterfeits or reproduces a credit card or debit card or any other electronic payment method by using any information technology means or computer program.
Ø Shall be punished whoever manufactures or designs any information technology means or computer program to facilitate any of the above-mentioned acts. And whoever uses, without authorization, a credit or electronic card or debit card or any other electronic payment method aiming to obtain, whether for himself or others, the funds or properties of others or benefit from the services provided by third parties. And whoever accepts to deal with these forged, counterfeited, reproduced cards or another electronic payment method with his knowledge of its illegality.
Ø Shall be punished whoever obtains, without legal right, a secret number, code, password or any other means to have access to an information technology means, website, electronic information system, computer network or electronic information. And whoever prepares, designs, produces, sells, buys, imports, displays for sale or make available any computer program or any information technology means, or promotes by any means links to websites, computer program or any information technology means designed for committing, facilitating or abetting in the commission of these crimes.
Ø Shall be punished whoever, without authorization, deliberately receives or intercepts any communication through any computer network, or disclose this information.
Ø Shall be punished whoever uses a computer network or information technology means to extort or threaten another person to force him to engage in or prevent him from engaging in a certain act. And the punishment is tight if the subject of threat is to commit a felony or engage in matters against honor or morals.
Ø Shall be punished whoever establishes, manages or runs a website or transmits, sends, publishes or re-publishes through the computer network pornographic materials or gambling activities and whatever that may afflict the public morals, and whoever produces, draws up, prepares, sends or saves for exploitation, distribution, or display to others through the computer network, pornographic materials or gambling activities and whatever that may afflict the public morals.
Ø Shall be punished whoever has deliberately acquired pornographic materials involving juveniles by using an electronic information system or computer network or electronic website or any information technology means.
Ø Shall be punished whoever entices, aids or abets another person, by using a computer network or any information technology means, to engage in prostitution or lewdness.
Ø Shall be punished whoever insults or accuses another person of a matter of which he shall be subject to punishment or being held in contempt by others, by using a computer network or an information technology means. And whoever uses a computer network or and electronic information system or any information technology means for the invasion of privacy of another person in other than the cases allowed by the law and by any of the following ways:
1-Eavesdropping, interception, recording, transferring, transmitting or disclosure of conversations or communications, or audio or visual materials. 2- Photographing others or creating, transferring, disclosing, copying or saving electronic photos. 3- Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct. Shall also be punished by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy.
Ø Shall be punished whoever uses, without authorization, any computer network, website or information technology means to disclose confidential information which he has obtained in the course of or because of his work, whoever establishes, administer or runs a website or publishes information on a computer network or any information technology means for trafficking in humans or human organs or dealing in them illegally, and whoever establishes or administer or runs a website or publishes on a computer network or any information technology means which would promote or praise any programs or ideas which would prompt riot, hatred, racism, sectarianism, or damage the national unity or social peace or prejudice the public order and public morals.
Ø Shall be punished whoever establishes, manages or runs a website or publishes information on a computer network or any information technology means for trading or promoting fire weapons, ammunition or explosives in instances other than those permitted by the law.
Ø Shall be punished whoever establishes, manages or runs a website or publishes information on the computer network or information technology means for the interest of a terrorist group or any unauthorized group, association, organization, or body with the intent to facilitate communication with their leaders or members or attract new members, or to promote or praise their ideas, finance their activities or provide actual assistance thereof or for the purpose of publishing methods for manufacturing incendiary devices or explosives or any other devices used in terrorist acts.
Ø Shall be punished whoever establishes, manages or runs a website or publishes information on the computer network or any information technology means to call or promote for the collection of donations without a license accredited by the competent authority.
Ø Shall be punished whoever establishes, manages or runs a website or uses information on the computer network or information technology means with intent to incite acts or publishes or transmits information, news or cartoon drawings or any other pictures which may endanger the national security and the higher interests of the State or afflicts its public order.
Ø Shall be punished whoever publishes information, news, statements or rumors on a website or any computer network or information technology means with intent to make sarcasm or damage the reputation, prestige or stature of the State or any of its institutions or its president, vice-president, any of the rulers of the Emirates, their crown princes, or the deputy rulers of the Emirates, the State flag, the national peace, its logo, national anthem or any of its symbols.
Ø Shall be punished whoever establishes, manages or runs a website, or publishes information on the Computer network or information technology means aiming or calling to overthrow, change the ruling system of the State, or seize it or to disrupt the provisions of the constitution or the laws applicable in the country or to oppose the basic principles which constitute the foundations of the ruling system of the state.
Ø Shall be punished whoever calls or incites to disobeying the laws and regulation in force in the State through publishing information on the Computer network or information technology means.
Ø Shall be punished whoever establishes, manages or runs a website or uses the Computer network or any information technology means for planning, organizing, promoting or calling for demonstrations or protests or the like without license from the competent authority.
Ø Shall be punished whoever establishes, manages or runs a website or uses the Computer network or information technology means for trafficking in antiquities or archeological artifacts in instances other than those permitted by the law. And whoever uses communication services, audio or video broadcasting channels without legal right or facilitates such use by others over the Computer network or information technology means.
Ø Shall be punished whoever commits through the computer network or any information technology means or a website any of the following crimes: 1- Insult to any of the Islamic sanctities or rituals. 2- Insult to any of the sanctities or rituals of other religions where these sanctities and rituals are inviolable under the provisions of Islamic Sharia. 3- Insult to any of the recognized celestial religions.
4- Condoning, provoking or promoting sin.
Ø Shall be punished whoever creates, manages or supervises an electronic site or disseminated information on the computer network or information technology to facilitate the commission of an offense.
Ø Shall be punished whoever provides any organizations, institutions, authorities or any other entities through the computer network or any information technology means any incorrect, inaccurate or misleading information which may damage the interests of the State or injures its reputation, prestige or stature.
Ø Shall be punished any owner or operator of a website or computer network who deliberately and knowingly saves or makes available any illicit content or if he fails to remove or blocks access to this illicit content within the period determined in the written notice addressed by the competent authorities indicating the illegal content and being available on the website or the computer network.
What is the definition of insulting, and what are the articles which penalize insulting in UAE`s legislation?
Insulting in a language is cursing, whether by explicit pronunciation or by using suggestion terms. And it is the noticeable meaning in the legal term. And is considered by the law as an expression that degrades the person`s reputation before himself and before others, The mens rea of the crime of insult is achieved by the defendant consciousness and knowledge of the sense of these words and the statements made by him and recognizing the fact that this meaning includes a scratch on the honor of the victim and his or her intention to pronounce or record it in writing.
The UAE`s legislator is keen to punish those who commit libel and insulting and have criminalized this offense in the article 20 of Law 5 of 2012 concerning cybercrimes and also criminalized this offense in the provision of article 374 of the Federal Penal Code which stipulates:
Shall be sentenced to detention for a maximum period of six months or to a fine not exceeding five thousand dirhams in case the libel or insult takes place through the telephone or facing the victim in the presence of others. The penalty shall be a fine not exceeding five thousand dirhams if the libel or insult takes place facing the victim without the presence of a third party. Shall be considered an aggravating circumstance if
the libel or insult, in the stances stated in the paragraphs hereinabove, is addressed to a public servant or a person in charge of a public service, during or because of discharging his duties or performing his service, or if affecting his honor or the reputation of the families, or if expected to reach an illicit
objective.
Article 20 of the law No 5 of 2012 concerning cybercrimes stipulates: Without prejudice to the crime of slander determined by the Islamic Sharia, shall be punished by imprisonment and a fine not less than two hundred fifty-thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever insults or accuses another person of a matter of which he shall be subject to punishment or being held in contempt by others, by using a computer network or an information technology means. If a slander or insult is committed against a public official or servant in the course of or because of his work, this shall be considered an aggravating factor of the crime.
Is it permissible to waive the lawsuit in cases of Cybercrimes stipulated in Law No. 5 of 2012?
Reviewing the aforementioned, we find that two situations must be distinguished:
- Concerning the text article No. 20 of the federal law No. 5 of 2012 concerning combating cybercrimes.
- Cybercrimes may be waived if the insult is directed to a natural person.
- Cybercrimes may not be waived if the insult is directed to legal persons or public official.
- The offense of libel and insulting referred to in article 374 of the Federal Penal Code may be waived.
How long must be a period during which a libel and insulting suit be filed?
The tenth article of the UAE Code of Criminal Procedure stipulates that:
The criminal action of libel and insulting may not be lodged, except upon a written or verbal complaint of the victim or his legal representative and the complaint shall not be accepted after the lapse of three months as of the victim’s knowledge of the crime and its perpetrator.
What is the penalty for taking pictures of others, Eavesdropping, recording or transferring conversations under the UAE`s cybercrimes law?
Article 21 of the cybercrimes law No. 5 of 2012 stipulates the following:
Shall be punished by imprisonment of a period of at least six months and a fine not less than one hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or and electronic information system or any information technology means for the invasion of privacy of another person in other than the cases allowed by the law and by any of the following ways:
1- Eavesdropping, interception, recording, transferring, transmitting or disclosure of conversations or communications, or audio or visual materials. 2- Photographing others or creating, transferring, disclosing, copying or saving electronic photos. 3- Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct. Shall also be punished by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy.
What is the penalty for the act of forgery of an electronic document under the provisions of the UAE`s cybercrimes law?
The sixth article of the law stipulates that Shall be punished by temporary imprisonment and a fine not less than one hundred and fifty thousand dirhams and not over seven hundred and fifty thousand dirham whoever commits forgery of any electronic document of the federal or local government or authorities or federal or local public establishments. The punishment shall be both imprisonment and a fine not less than one hundred thousand dirhams and not over three hundred thousand dirhams or either of these two penalties if the forged documents belong to an authority other than those mentioned in paragraph one of this Article. Shall be punished by the same penalty decided for the crime of forgery, as the case may be, whoever uses this forged electronic document with his knowledge that the document is forged.
What is the penalty for extortion using the information network or a means of information technology?
Article 16 of the cybercrime law No. 5 of 2012 stipulates that: Shall be punished by imprisonment for a period of two years at most and a fine, not less than two hundred fifty-thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or information technology means to extort or threaten another person to force him to engage in or prevent him from engaging in a certain act. The punishment shall be imprisonment up to ten years if the subject of threat is to commit a felony or engage in matters against honor or morals.
Is the imposition of deportation measure mandatory or permissible of a foreigner when committing an offense under the cybercrime law No. 5 of 2012?
The imposition of deportation measure is mandatory as the article 42 of the law No. 5 of 2012 concerning the Emirati cybercrimes, the act established deportation of a foreigner who is convicted for committing any of the offenses outlined in the law.