المرسوم بقانون اتحادي رقم 34 لسنة 2021 بشأن مكافحة الشائعات والجرائم الإلكترونية

74 مادة

1. المادة 1

   Definitions For applying the provisions of this Decree-Law, the following words and expressions shall denote the meaning ascribed thereto respectively, unless otherwise required by the context: UAE

   : The United Arab Emirates. Government Entities

   Any federal or local government entity, or any company or establishment in which any of these entities holds at least 25% of its capital. Competent Authorities

   The federal or local authorities concerned with electronic and cyber security inside the UAE. Information Technology

   (IT)

   All forms of technologies used for creating, processing, storing, exchanging and using electronic information systems (ISs), information programs, websites, information network, and any means of information technology equipment (ITE). Cyber

   Everything relating to computer networks, the internet, and the various information program as well as all the services

   they perform. Data or Information

   An organized or unorganized package of data, facts, concepts, instructions, views, or measurements taking the form of digits, characters, words, symbols, images, videos, signals, sounds, maps, or any other form, and which are interpreted, exchanged or processed by persons or computers, so that after being processed or circulated, they produce what is called "the information". Government Data and Information

   Electronic data or information pertaining or belonging to any of the government entities and are not made available to the public. Personal Data and Information

   Information or data pertaining to natural persons whenever these information or data are relating to their private lives or personal identities, or whenever linking these information or data, whether directly or indirectly, would lead to revealing the person's identity. Confidential Information and Data

   Any information or data that are not permitted to be accessed by or disclosed to Third Parties, without prior permission of the person who has the power to grant this permission. Route Data

   The data of an information technology means produced by an information system to show the source of communication and its transmitter and receiver interfaces, time, date, size, and duration, and the type of the service. Website

   A virtual space or domain on the information network that depends on smart software which enables its users to make available, exchange, or disseminate any content, whether text, audio, visual or data content. This includes social media websites, networks and platforms, personal pages and

   accounts, weblogs, e-services and etc. Electronic Information System (IS)

   An information program or collection of information programs that are designed to process, manage or store electronic information that can execute the instructions or commands using the information technology equipment, including the applications and the like. Information Technology Equipment (ITE)

   Any magnetic, optical or electrochemical electronic equipment or any other tool used for processing electronic data, or performing logical and mathematical processes or storage functions, including any tool that is connected or linked to it, directly or indirectly, and which enables this tool to store or communicate the electronic information to others. Electronic Account

   Any account created with an information network broker in order to use the services of this broker. Content

   The electronic information, data, and services that provide value to its receivers in specific contexts. Illegal Content

   The content whose subject constitutes one of the crimes punishable by law, or whose publication, circulation or recirculation inside the UAE would compromise the UAE's security, sovereignty or any of its interests, the public health, or public peace assurance, or the friendly relations between the UAE and other countries, or would affect the results of elections of members of the Federal National Council (FNC) or of the Consultative Councils of the emirates of UAE, or would incite hostility and hatred among different groups of persons, or would decrease the public's confidence in any of the government authorities' or entities' performance of any duty or task or exercise of any powers. False Data The rumors and data which are false or misleading, in whole

   or in part, whether by itself or within the context where they appear. Electronic Robot (E-robot)

   an electronic program that is created or modified for the purpose of running automated tasks efficiently and quickly. Electronic Document (e-document)

   An informational record or statement that is created, stored, extracted, copied, sent, communicated or received by electronic tool on a medium. Hacking

   The unauthorized access, access in violation of the provisions of the license, or illegal access to or stay on an information system (IS), or a computer, or operating system (OS) of a device, machine, vehicle or information network and the like. Leakage

   The deliberate disclosure or revelation of information or data without the knowledge or authorization of the owner of the system. Such data may be classified as sensitive, private or confidential. Interception

   Viewing, monitoring, or acquiring data or information for the purpose of eavesdropping, disrupting, storing, copying, recording, circumventing, or altering the content, or for misusing, rerouting or redirecting for illegal and unlawful reasons. Cyberattacks

   Every deliberate and planned targeting of ISs, infrastructure, electronic networks, or ITE that reduces the capabilities and functions of any of them, whether for personal purposes or for the purposes of intercepting, intruding, hacking, leaking, or exposing data or information to risks, or for disrupting the operations and the like. Encryption

   Converting information or information systems or tools into a form that is unreadable or unidentifiable unless returned to

   their original form using a password or the encryption tool involved. Electronic

   Everything relating to electromagnetic, optical, digital, automated or photogenic technologies or the like. Electronic media

   Every physical medium used for storing and circulating electronic data and information, including compact discs (CDs), optical discs, electronic memory, or the like. Digital Evidence

   Any electronic information having a probative force or value and is stored, transmitted, extracted or derived from computer sets, information networks and etc. It may be gathered and analyzed using special technological devices or applications. Information Network

   A connection between two or more information programs and information technology equipment that allow users to get access to and exchange information. Internet Protocol (IP) Address

   A digital identifier assigned to each information technology equipment on the information network and is used for connection purposes. Information Network Broker

   Every person providing any information network brokerage services including social networking services, search engines, collecting the contents transmitted through the information network, sharing videos ...etc. Service Provider

   Every public or private natural or legal person providing users with IT-based access to the information network. Financial, Commercial or Economic Establishment

   Any establishment that acquires its financial, commercial or economic standing under the license granted to it by the competent authority inside the UAE. Child

   Every person under the age of eighteen calendar years.

   Child Pornography

   Producing, displaying, disseminating, possessing or circulating a photo, movie, or a drawing through any means of communication, social networks, or any other means or tool that shows the child involved in a dishonorable situation in a sexual act or show whether real, fictional or simulated. Electronic Advertisement

   Every advertisement through an electronic means that aims to promote the sale of a product or the provision of a service, directly or indirectly. Misleading Advertisement

   Advertising any goods or a service based on the provision of deceptive information or omission of essential or basic information related to the goods or the service involved, and which would affect the consumer's decision and motivate them to seek to acquire it; so that the consumer would not have acquired the same had it not for that information. Data or Information Processing

   Performing or carrying out a single process or a group of processes involving the data or information, whether such information and data are pertaining to natural or to legal persons. This includes collecting, receiving, recording, storing, modifying, transmitting, retrieving and deleting that information. User

   Every natural or legal person using or taking advantage of IT services in any form. Writs of correction and removal of false data

   The notices issued by the competent authorities to one or more persons for correcting, removing or deleting illegal content, or to correct, remove or delete false information or data in the form or manner those authorities deem appropriate during the period stated in the notice. Disable order

   The notices issued by the competent authorities to an information network broker through which illegal content or

   false data is published. The broker is required under this notice to disable, in the form or manner deemed appropriate by these authorities, the users' access to the said content or data within the period stated in the notice. Access Blocking Orders

   The orders issued by the competent authorities to the service provider inside the UAE in case of failure to perform the other instructions mentioned in this Decree-Law in order to take actions to disable users' access in the UAE to the website or electronic account.

   Section One CRIMES AND PENALTIES Chapter One CRIMES AGAINST INFORMATION TECHNOLOGY

2. المادة 2

   Hacking

   1. Whoever hacks a website, an electronic IS, an information network or a piece of ITE shall be punished with imprisonment and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (AED 300,000) three hundred thousand dirhams.

   2. If the hacking results in damages, destruction, or interruption of work; or disruption of a website, an electronic IS, an information network or a piece of ITE, or cancellation, deletion, destruction, disclosure, damage, alteration, copying, dissemination, re-dissemination, or acquiring any data or information, or loss of confidentiality of data and information, the penalty shall be imprisonment for at least (6) six months and/ or a fine of not less than (AED 150,000) one hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

   3. If the hacking is committed for acquiring data or information for illegal purposes, the penalty shall be imprisonment for at least one year and/ or a fine no less than (AED

   200,000) two hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

3. المادة 3

   Hacking the Government Entities' Information Systems

   1. Whoever hacks a website, electronic IS, information network or a piece of ITE belonging to the government entities shall be punished with temporary imprisonment and a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

   2. If the hacking results in damages, destruction, or interruption of work, or disruption of a website, electronic IS, information network or a piece of ITE, or cancellation, deletion, destruction, disclosure, damage, alteration, copying, dissemination, or re-dissemination of any data or information or loss of their confidentiality, or if crime is committed as a result of a cyberattack, the penalty shall be imprisonment for at least (5) five years and a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,500,000) one million and five hundred thousand dirhams.

   3. If the hacking is committed for acquiring data or information of the entities mentioned in Para. (1) of this Article, the penalty shall be temporary imprisonment for at least (7) seven years and a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,500,000) one million and five hundred thousand dirhams.

4. المادة 4

   Causing Harm to Information Systems

   1. Whoever willfully causes harm, destruction, interruption or disruption of a website, electronic IS, information network or a piece of ITE, shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million dirhams.

   2. If the harm is inflicted upon a banking, media, health or scientific entity, if the harm is intended for achieving an illegal purpose, or if the crime is committed as a result of a

   cyberattack, the penalty shall be temporary imprisonment and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million dirhams.

5. المادة 5

   Harm to Information System of Government Entity and Critical Facility Whoever willfully causes harm, destruction, interruption or disruption of a website, electronic IS, information network or a piece of ITE belonging to one of the government entities or critical facilities shall be punished with temporary imprisonment and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million dirhams. If the crime is committed as a result of a cyberattack, this shall be deemed an aggravating circumstance.

6. المادة 6

   Infringement of Personal Data and Information

   1. Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, copies, disseminates, or re-disseminates any personal electronic data or information using the information technology or any ITE without permission shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 20,000) twenty thousand dirhams or more than (AED 100,000) one hundred thousand dirhams.

   2. If the data or information aforementioned in Clause (1) of this Article are related to examinations, diagnosis, medication, healthcare, medical records, bank accounts, or e-payment information and data, this shall be deemed an aggravating circumstance.

   3. Whoever receives, keeps, or stores the data and information referred to in Clauses (1) and (2) of this Article, or accepts to handle or use them despite knowledge of the illegality of acquiring them shall be punished with imprisonment and/ or a fine.

7. المادة 7

   Infringement of Government Data and Information

   1. Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, copies, disseminates, or re-disseminates any government confidential data or information without permission shall be punished with temporary imprisonment for at least (7) seven years and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million dirhams.

   2. If the acts stipulated in Clause (1) of this Article cause harms to the UAE, or results in loss of confidentiality of the operation of electronic systems and software pertaining to military and security facilities and concerning the communication and transmission of confidential information, the penalty shall be temporary imprisonment for at least (10) ten years and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 5,000,000) five million dirhams.

   3. Whoever receives, keeps, or stores the data and information referred to in Clause (1) of this Article, or accepts to deal with or use them despite knowledge of the illegality of acquiring them shall be punished with temporary imprisonment.

8. المادة 8

   Infringement of Data of Financial, Commercial or Economic Establishments Whoever acquires, possesses, modifies, destroys, reveals, leaks, cancels, deletes, alters, copies, disseminates, or re-disseminates any confidential data or information pertaining to any financial, commercial or economic establishment without permission using the information technology or any ITE shall be punished with temporary imprisonment for at least (5) five years and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 3,000,000) three million dirhams.

9. المادة 9

   Unauthorized Acquisition of Third Party's Codes and Ciphers

   1. Whoever acquires the PIN code, cipher, or password or the like pertaining to a website,

   information system, information network or ITE without permission or authorization of the person concerned shall be punished with imprisonment and/ or a fine of not less than (AED 50,000) fifty thousand dirhams or more than (AED 100,000) one hundred thousand dirhams.

   2. If the person who acquires the PIN code, cipher, or password and the like without permission or authorization of the person concerned accesses or enables third parties to access the website, information system, information network or the ITE with the intent to commit a crime, he shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 300,000) three hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

10. المادة 10

    Circumventing the Information Network with the Intention of Committing a Crime Whoever circumvents an IP Address through the use of an IP address of others or any other means with the intention of committing or to preventing detection of a crime shall be punished with temporary imprisonment and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 2,000,000) two million dirhams.

11. المادة 11

    Creating Fake Emails, Websites, and Electronic Accounts

    1. Whoever creates a fake website, an account or an email and attributes it falsely to any natural or legal person shall be punished with imprisonment and/ or a fine of not less than (AED 50,000) fifty thousand dirhams or more than (AED 200,000) two hundred thousand dirhams.

    2. If the offender uses or enables third parties to use the fake account, email or website in a matter offensive to the person affected shall be punished with imprisonment for at least

    (2) two years.

    3. If the fake website, account or email is attributed to one of the government entities, the

    penalty shall be imprisonment for not more than (5) five years and a fine of not less than (AED 200,000) or more than (AED 2,000,000) two million dirhams.

12. المادة 12

    Illegal Interception and Disclosure of Information

    1. Whoever obstructs or intercepts the access to an information network, website, or electronic IS or any electronic connection, information or data shall be punished with imprisonment and/ or a fine of not less than (AED 150,000) one hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

    2. If the offender discloses or leaks the information, data or purport of the communication obtained through the interception shall be punished with imprisonment for at least one year and fine of not more than (AED 1,000,000) one million dirhams.

    3. If the interception involves the communication, information or data of one of the government entities, the penalty shall be temporary imprisonment.

13. المادة 13

    Collecting and Processing Personal Data and Information in Violation of the Legislation Whoever uses the information technology or ITE to collect, save, or process personal data and information of nationals and residents of the UAE in violation of the legislation in force in the UAE shall be punished with imprisonment and/ or a fine of not less than (AED 50,000) fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

14. المادة 14

    Forging E-documents

    1. Whoever forges an e-document belonging to any of the federal or local government or the public federal or local authorities or entities shall be punished with temporary imprisonment and a fine of not less than (AED 150,000) one hundred fifty thousand

    dirhams or more than (AED 750,000) seven hundred fifty thousand dirhams.

    2. If the forging involves documents belonging to entities other than those mentioned in Clause (1) of this Article, the penalty shall be imprisonment and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (AED 300,000) three hundred thousand dirhams.

    3. The penalty prescribed for forgery crime shall be imposed on whoever knowingly uses the forged e-document.

15. المادة 15

    Hacking E-Payment Instruments Whoever forges, clones or copies any credit card, debit card, or any e-payment instrument, or captures its data or information using any of the ITE ISs shall be punished with imprisonment and/or a fine of not less than (AED 200,000) two hundred thousand dirhams, or more than (AED 2,000,000) two million dirhams. The same penalties shall be imposed on whoever:

    1. Makes or designs any ITE or software with the intention of facilitating any of the acts stipulated in Para. (I) of this Article.

    2. Uses without authorization any credit, electronic, or debit card or any other e-payment instrument, or any of its data or information with the intention of obtaining for himself of for third parties any funds or properties of others, or to utilize the services made available to third parties by these cards or instruments.

    3. Accepts using these forged, fake, or copied cards or e-payment instruments or data seized or obtained illegally despite being aware of their illegality.

16. المادة 16

    Using Electronic Systems to Commit Crimes and to Conceal Evidence Whoever possesses, obtains, prepares, designs, produces, imports, makes available or uses any information program, ITE, passcodes or codes, or uses encryption with the intention of committing any of the crimes stipulated in this Decree-Law or concealing its evidence or

    traces, or preventing detection of the crime shall be punished with imprisonment for at least

    (2) two years and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

17. المادة 17

    Crimes Committed by Administrator of Website or Electronic Account Whoever manages, creates or uses a website or account on an information network with the intent to commit or to facilitate the commission of a crime punishable by law shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 300,000) three hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

18. المادة 18

    Tampering with Digital Evidence Everyone responsible for managing a website or an account on an information network, an e-mail, or an IS and conceals or tampers with digital evidence pertaining to any of the crimes stipulated in this Decree-Law with the intent of impeding the work of the searching, investigations, and interrogations teams or other competent authorities shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams.

19. المادة 19

    Dissemination of Data or Information Not Compliant with Media Content Standards Everyone responsible for managing a website or an electronic account that has posted on any of it any content, data or information that does not comply with the media content standards issued by the authorities concerned shall be punished with imprisonment for not more than one year and/ or a fine of not less than (AED 30,000) thirty thousand dirhams or

    more than (AED 300,000) three hundred thousand dirhams.

    Chapter Two CRIMES RELATING TO CONTENT AND SPREAD OF RUMORS AND FALSE NEWS Part One CONTENT CRIMES

20. المادة 20

    Inciting the Suspension of the Provisions of the Constitution and Laws Whoever creates, manages, or supervises a website or publishes information, programs or thoughts that include, aim to or instigate overthrowing the ruling regime change or seizure of power in the UAE, or to suspend the provisions of the Constitution or Laws in force in the UAE, or to protest against the basic principles of the UAE's regime using the information network or any ITE, shall be punished with life imprisonment. the same penalty shall be imposed on everyone who promotes, incites to, or facilitates any of the aforementioned acts.

21. المادة 21

    Advocacy and Promotion of Terrorist Groups Whoever creates, manages, or supervises a website or publishes information or data pertaining to terrorist group(s), society, or organization or an illicit body via the information network or the ITE with the intention of facilitating communication with their leaders or members, attracting members, promoting or advocating their thoughts, financing their activities, providing actual assistance to them, or disseminating the methods of manufacturing incendiary devices, weapons, ammunition, explosives or dangerous materials or any other tools used in terrorist acts shall be punished with imprisonment for a period that is not less than (10) ten years or more than (25) twenty-five years and a fine of not less than (AED 2,000,000) two million dirhams or more than (AED 5,000,000) five

    million dirhams. Whoever downloads, re-broadcasts, or reposts the contents of any of the websites aforementioned in Para (I) of this Article using any means whatsoever, or re-accesses these sites to view this content, or disseminates any content that incites hatred shall be punished with imprisonment of not more than (5) five years and a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million dirhams. In cases other than recidivism, the court may, instead of imposing the penalties set out in the preceding paragraph, decide that the accused person be assigned to a counseling house or be placed under electronic monitoring and be prohibited from using any of the ITE for the period of time to be determined by the court, provided that it is not longer than the maximum penalty prescribed.

22. المادة 22

    Dissemination of Information to Harm the Interests of the UAE Whoever uses information network or ITE and provides to any organization, institution, body, person or entity any information, data, reports or documents that are not authorized to be published or circulated and would harm the interests of the UAE or its government agencies, or would harm its reputation, prestige or dignity, shall be punished with temporary imprisonment.

23. المادة 23

    Incitement to Harm the Security of the UAE and to Assault Judicial Officers Whoever creates, manages, or supervises a website or uses information on the information network or on the ITE with the intention of inciting actions, disseminating or broadcasting information, news, cartoons or any other images which would endanger the security of the UAE and its higher interests, or would harm the public order, or incite assaulting the judicial officers or law enforcement officers shall be punished with temporary imprisonment and a fine of not more than (AED 1,000,000) one million dirhams.

24. المادة 24

    Promoting Sedition and Harming the National Unity Whoever uses of information network or any ITE to create, manage, or supervise a website or to disseminate information, programs or thoughts that include incitement, promotion or advocation of sedition, hatred, racism, or sectarianism in a manner which would harm the national unity, social peace, public order, public morals or would endanger the UAE's interests shall be punished with temporary imprisonment and a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

25. المادة 25

    Mockery and Tainting the Reputation of the UAE and its Public Figures Whoever publishes information, news, data, visual images, visual or optical materials or rumors on a website, any information network or ITE with the intention of mocking or damaging the reputation, prestige, or dignity of the UAE, any of its authorities, institutions, any of its founding leaders, the UAE's flag, currency, peace, coat of arms, or national anthem, or any of its national public figures shall be punished with imprisonment for not more than

    (5) five years and a fine not exceeding (AED 500,000) five hundred thousand dirhams.

26. المادة 26

    Unauthorized Call for and Promotion of Demonstrations Whoever creates, manages, or supervises a website or uses information on the information network or the ITE in order to plan for, organize, promote, or call for demonstrations, marches, or similar acts without obtaining permit from the competent authority shall be punished with imprisonment and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

27. المادة 27

    Incitement to Disobedience of the Legislation Whoever calls for or incites to disobedience of the legislation in force in the UAE through dissemination of information via the information network or any ITE shall be punished with imprisonment and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

28. المادة 28

    Offending a Foreign Country Whoever disseminates information or data on the information network or any ITE which include offending of foreign countries shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. In respect of the crimes set out in this Article, the legal proceedings shall be instituted only by the Attorney General of the UAE.

29. المادة 29

    Trafficking in and Promotion of Firearms, Ammunition or Explosives Whoever creates, manages or supervises a website or publishes information on an information network or ITE with the intention of trafficking in or promoting firearms, ammunition or explosives in cases other than those authorized by law shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

30. المادة 30

    Transfer, Possession, Use or Acquisition of Illicit Financial Flows (IFFs) Without prejudice to the provisions of the Anti-Money Laundering Law, whoever willfully commits any of the following acts through the use of any information network, IS, or any ITE

    shall be punished with imprisonment for not more than (10) ten years and a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (5,000,000) five million dirhams:

    1. Transferring, transporting or depositing IFFs with the intention of concealing or disguising their illegal source.

    2. Concealing or disguising the truth, source, movement, rights associated with or ownership of the IFFs.

    3. Acquiring, possessing or using IFFs despite knowledge of the illegality of their source. The same penalties shall be imposed to whoever creates, manages, or supervises a website or disseminates information or data on the information network or ITE to facilitate or incite the commission of any of the acts abovementioned in this Article.

31. المادة 31

    Trafficking in and Promotion of Narcotic Drugs and Psychotropic Substances Whoever creates, manages, or supervises a website or disseminates information or data on the information network or ITE for the purpose of trafficking in or promoting narcotic drugs and psychotropic substances and etc., or how they are used, or to facilitate trading in them in cases other than those authorized by law shall be punished with temporary imprisonment and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

32. المادة 32

    Creation and Management of a Website for Trafficking in Human Beings Whoever creates, manages, or supervises a website or disseminates information or data on the information network or using a piece of ITE with the intention of trafficking in human beings or organs or illegal trading in them shall be punished with temporary imprisonment and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

33. المادة 33

    Incitement to Immoral Acts and Prostitution Whoever incites or tempts third parties to commit prostitution or immoral acts, or assists him/her to do so through the use an information network or any ITE shall be punished with temporary imprisonment and a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams. In the event that the victim is a child, the penalty shall be temporary imprisonment for at least (5) five years and a fine of not more than (AED 1,000,000) one million dirhams.

34. المادة 34

    Disseminating Obscene Materials And Violating the Public Morals Whoever creates, manages, or supervises a website, or broadcasts, transmits, disseminates, re-disseminates or displays through the information network any obscene materials and everything which would violate the public morals shall be punished with imprisonment and/ or and a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. The same penalty shall be imposed on everyone who produces, prepares, designs, transmits, or stores any obscene materials and everything which would violate the public morals through the use of the information network with the intention of making use of, distributing or displaying the same to third parties. If the subject of the obscene content is a child, or if the content is designed to seduce children, the offender shall be punished with imprisonment for at least one year and/ or a fine of not more than (AED 500,000) five hundred thousand dirhams.

35. المادة 35

    Engaging Children in Creating Pornographic Materials

    1. Whoever incites, seduces, or assists a child to broadcast, createor transmit obscene material using the information network or the ITE shall be punished with imprisonment

    for at least (2) two years and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams.

    2. In the event that the subject of this obscene materials prepared or transmitted is this child, the penalty shall be temporary imprisonment and a fine not exceeding (AED 1,000,000) one million dirhams.

    3. The victim child shall not be held criminally accountable for the acts he commits as a result of the incitement and seduction.

36. المادة 36

    Possession of Child Pornographic Materials Whoever willfully possesses any child pornographic materials using the electronic IS, information network, website, or any ITE shall be punished with imprisonment for at least

    (6) six months and a fine of not less than (AED 150,000) one hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams.

37. المادة 37

    Blasphemy and Condoning the Sin Whoever uses information network, any ITE, or a website to commit any of the following crimes shall be punished with imprisonment and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams:

    1. Offending any of the Islamic sanctities or rituals.

    2. Offending any of the sanctities or rituals established in other religions whenever these sanctities and rituals are inviolable in accordance with the provisions of Islamic Sharia.

    3. Insulting one of the recognized monotheistic religions.

    4. Condoning, inciting to or promoting sins. If the crime involves an insult to the Divine Essence or to the Messengers and Prophets, or if it is in opposition to the Islamic religion, breaches the foundations and principles upon which Islam is based, violating or breaches the rituals and rulings of the Islamic religion which are known as necessity, or humiliates Islamic religion, preaches to another religion,

    advocates, recommends or promotes a doctrine or thought that involves any of the foregoing, the penalty shall be temporary imprisonment for not more than (7) seven years.

38. المادة 38

    Promotion of Gambling Activities Whoever creates, manages or supervises a website, or uses information network to broadcast, transmit, disseminate, re-disseminate, or promote practicing of gambling activities in the cases other than the authorized shall be punished with imprisonment and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED500,000) five hundred thousand dirhams.

39. المادة 39

    Illicit Trafficking in Antiquities and Works of Art Whoever creates, manages or supervises a website or uses an information network or any ITE with the intention of trafficking in antiquities and works of art in cases other than those authorized by law shall be punished with imprisonment and/ or a fine of not less than (AED 500,000) five hundred thousand dirhams or more than (AED 1,000,000) one million dirhams.

40. المادة 40

    Internet Fraud Whoever illegally seizes for himself or for third parties a movable asset, a benefit or a document or signs this document through the use of any of the fraud techniques, or through taking an alias or false impersonation through the information network, IS or any ITE shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams.

41. المادة 41

    Unauthorized Fundraising Whoever calls for or promotes a contest or electronic currency, or creates or manages a fictitious portfolio or company with the intention of receiving or raising funds from the public for the purpose of investing, managing, employing or increasing these funds without a license from the authorities concerned shall be punished with imprisonment for not more than (5) five years and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams. The court shall order the refund of the illegally seized funds.

42. المادة 42

    Cyberextortion and Cyber Threats

    1. Whoever uses an information network or any ITE to extort or threaten another person to force the latter to act or to refrain from acting shall be punished with imprisonment for not more than (2) two years and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

    2. In the event that the person is threatened to commit a crime or to commit dishonorable acts, and this is accompanied by an explicit or implicit request to act or refrain from acting, the penalty shall be temporary imprisonment for not more than (10) ten years.

43. المادة 43

    Defamation and Slander Whoever uses an information network, ITE, or an information system and insults another or attributes a quality to him that would make that person subject to punishment or contempt by third parties shall be punished with imprisonment and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. In the event that any of the offences abovementioned in Para. (I) of this Article is committed against a public official or a person entrusted with a public service during or because of

    performance of his work, that shall be deemed an aggravating circumstance of the crime.

44. المادة 44

    Revealing Secrets and Invasion of Privacy Whoever uses an information network, an IS, or any ITE with the intention of invading the privacy or sanctity of private or familial life of someone without his consent in cases other than those authorized by law through committing any of the following actions shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 150,000) one hundred fifty thousand dirhams or more than (AED 500,000) fiver hundred thousand dirhams:

    1. Eavesdropping, intercepting, recording, transmitting, broadcasting, or revealing conversations, communications or audio or visual materials.

    2. Taking photos of third parties in any public or private place, or preparing, transferring, disclosing, copying or keeping electronic photos.

    3. Publishing news, electronic photos, images, scenes, comments, data or information, even if it is true and genuine, with intention of harming the person.

    4. Taking, transmitting, or publishing photos of the injured, the dead, or the victims of accidents or disasters without permission or consent of the parties concerned.

    5. Tracking, monitoring, revealing, transmitting, disclosing, copying or keeping the geographic location data of third parties. Moreover, whoever uses an IS or ITE to modify or process any record, photo or scene with the intention of defaming or insulting another person shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

45. المادة 45

    Disclosure of Confidential Information at Work Whoever discloses any confidential information obtained at or because of his work or by virtue of his job or profession using one of the ITE without being authorized to disclose it, or

    without permission from the person concerned to disclose or use the secret shall be punished with imprisonment for at least (6) six months and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 1,000,000) one million dirhams. If the offender uses said information to gain benefits for himself or for third parties, this shall be deemed an aggravating circumstance.

46. المادة 46

    Calling for and Promoting the Collection of Donations Without a License Whoever creates, manages, or supervises a website or disseminates information on the information network or any ITE to call for or promote collection of donations without a licenses approved by the competent authority or in violation of the conditions of this licenses shall be punished with imprisonment and/ or a fine of not less than (AED 200,000) two hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams.

47. المادة 47

    Conducting Statistical Surveys or Questionnaires Without a License Whoever uses an information program, information network, or ITE to conduct statistical surveys or questionnaires without permit from the competent authority shall be punished with imprisonment and/ or a fine of not less than (AED 100,000) one hundred thousand dirhams or more than (AED 500,000) five hundred thousand dirhams. In the event that offender intends to affect or harm the interests of the UAE, the penalty shall be temporary imprisonment.

48. المادة 48

    Advertisements and Promotions Misleading the Consumers Whoever uses an information network, any ITE, or a website to commit any of the following acts shall be punished with imprisonment and/ or a fine of not less than (AED 20,000)

    twenty thousand dirhams or more than (AED 500,000) five hundred thousand dirhams:

    1. Promote a good or service through a misleading advertisement or technique which include inaccurate data.

    2. Advertise, promote, mediate, or deal in any form or encourage dealing with a virtual or digital currency, a stored unit of value, or any payment unit that is not officially recognized in the UAE or without obtaining a license from the competent authority.

49. المادة 49

    Promoting Medical Products without license Whoever creates, manages, or supervises a website or publishes information on an information network or any ITE to promote or sell unlicensed medical products, or copies of licensed medical products shall be punished with imprisonment and/ or a fine.

50. المادة 50

    Unlawful Use of Communication Services or Broadcast Channels Whoever uses or helps third parties use communication services of audio or video broadcast channels unlawfully through the use of information network or any ITE shall be punished with imprisonment for at least one year and/ or a fine of not less than (AED 250,000) two hundred fifty thousand dirhams or more than (AED 1,000,000) one million dirhams.