Abu Dhabi: The Federal Law number 5 of 2012, popularly known as the ‘cyber crime’ law, has caused some residents to completely refrain from posting any online material unless it is deemed completely safe, they told Gulf News.
In a bid to give Internet and computer users a clearer idea of what the law entails, Gulf News asked experts to bridge the gap between misconceptions and the reality surrounding the regulation.
In fact, the law’s 51 articles cover a range of topics including the misuse of a computer device, forging financial, legal and medical documents in addition to using the Internet to promote and sell weapons and drugs.
However, when it comes to personal use of social media, individuals must merely remain careful of the pictures they post, particularly if they contain images of others. “Other parties must consent to having their pictures posted online although agreeing to have your picture posted by a friend and then denying that you gave your approval is a matter that can be disproved at court,” said Al Sayed Ebrahim Al Mulghat, an Abu Dhabi-based lawyer specialising in Civil and Criminal Law at Al Riyami Advocates and Legal Consultants.
This rebuts rumours that have been circulating on social media claiming that merely ‘tagging’ people on Facebook can land one in jail, keeping in mind that spreading false information and instigating fear in others using the Internet is punishable by law.
Computers can either be the means, the end, or the environment in which a cyber crime takes place, a legal expert in the capital revealed. Generally speaking, the aim of Federal Law Number 5 of 2012 on combating cyber crimes is to preemptively protect individuals against illegal telecommunication, information and digital activity.
Sayed Ibrahim, explains the various articles of the cyber crime law.
Q: What is a cyber crime?
Al Mulghat: Any action that involves the usage of a computer, the internet or a telecommunication device to commit illicit activity can be considered a cyber crime. Some of the most basic types of such crimes include posing as another individual by stealing the password to their account, for example. If the theft and breach result in copying, changing, damaging, deleting, transferring or broadcasting the wrongfully accessed information, the offender is subject to a greater punishment by law.
Sometimes, this seemingly trivial misconduct can be deadly. If somebody’s medical records are hacked into and the data is altered, a misdiagnosis and wrongful treatment can ensue. This can lead to the patient’s death and here penalties are understandably exponentially increased.
Q: Having seen your fair share of cyber crimes, what ruse do you think is most commonly used to defraud the UAE community?
Al Mulghat: It’s not just the UAE community. Individuals from the GCC are some of the most common targets for gangs who ‘sell love’ as it is referred to in Arabic. These individuals pose as women who are romantically and sexually interested in the victim whom they meet online. After exchanging a few lewd pictures, the perpetrators usually blackmail the other party for money in exchange for keeping their personal images unexposed.
One person had transferred Dh480,000 before coming to us. Upon resorting to the police and the Criminal Investigation Department (CID), a gang of men and women, all posing as the latter, was uncovered. Here, the computer was used as a means through which the criminal activity was conducted. For your information, even if the blackmail was done via phone call or SMS, it is considered a cyber crime.
Q: What is the determining factor in how severely a cyber criminal can be punished?
Al Mulghat: Although the law is clear about the penalties involved in each crime, certain activities can be attract several kinds of penalties. Extenuating circumstances might also surround a certain scenario. In those cases, it is up to the judge to decide how severely somebody gets punished.
When a case requires an IT expert, a trustworthy individual will be assigned by the court. That professional will take a closer look at the technical evidence involved and give their testimony after swearing that everything they say is 100 per cent accurate to the best of their knowledge.
Q: There was a recent case involving an Australian expat, Jodi Magi, who was deported after posting a picture on social media of a vehicle that was wrongly parked across two spots designed for the disabled, and writing a slanderous comment below it despite having blurred the car’s licence plate, Are the lines blurred between what is and is not acceptable? How strict are the laws on taking images of other people and things in public?
Al Mulghat: It’s actually very clear. It is legal to take a picture of a person in public as long as their face or other features are blurred to render the subject unrecognisable by others. Magi’s issue was never about the picture but the offensive words that were used. It is always recommended that people take any pictures that can incriminate others to the authorities before posting them on social media.
There was an incident where an employee who received good news began dancing amid her female colleagues. The women recorded the incident on their phones audiovisually. This is perfectly acceptable since she was a witness to what they were doing and consented to their actions. However, once that footage is shared without consent of the main individual involved, then it becomes an invasion of privacy.
In attendance at a public event such as a concert, is it implied, unless stated otherwise, that photography and videography is permissible. This is because the performer has willingly placed him or herself in the public eye and expects, if not even benefits, from the publicity.
As long as the recorded images and videos of the public figure are for personal use, then people can do as they please. Once show attendees begin to take money in exchange for sharing the recorded media, again, it becomes a legal issue.
