President His Highness Sheikh Khalifa bin Zayed
Al Nahyan issued Emiri Decree No. 02 of 2018 amending the UAE Cybercrimes Law. According to the Decree, Article Nos. 26, 28
and 42 of Federal Decree-Law No. 05 of 2012 on Combatting Cybercrimes will be
replaced with updated provisions.
Article No. 26 stipulates an imprisonment
period of at least ten years and not exceeding 25 years, and a fine not less
than AED2 million and not in excess of AED4 million on 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
unauthorised group, association, organisation, 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.
The Article also details an imprisonment period
not exceeding five years, and a fine not less than AED500,000 and not in excess
of AED1 million for whoever establishes, manages or runs a website or publishes
information on the computer network or information technology means with the
aim to incite hate. For first-time offenders, the court may rule for the
accused to be placed under electronic probation and monitoring, and prevented
from using information technology means during a period not exceeding the
maximum penalty prescribed.
Article No. 28 stipulates a punishment of
temporary imprisonment and a fine not in excess of AED1 million for 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, or attacks on any member of the judicial courts
system.
Lastly, Article No. 42 entails that subject to
the second paragraph of Article No. 121 of the UAE Penal Code, the court may
decide deportation of a foreigner who is convicted in any of the crimes
specified in Federal Decree-Law No. 05 upon execution of the sentence adjudged.
Any provision contrary to the provisions of
this Decree-Law shall be repealed and the latest issue shall be published in
the Official Gazette.
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