An immoral crime.. and a deterrent punishment
Excessive and misplaced confidence sometimes pushes some, especially women, to send pictures or visual material of privacy to another party, in times of serenity and affection, without expecting treachery when quarrels, and using these images against their owner in a way that harms her!
Technology experts, psychologists, and social workers tirelessly advise against sending any personal content, whether pictures or videos via chat applications or social media, to others. Rather, it is better not to keep them on the phone in the first place, so I will not add anything new. In addition to awareness.
Rather, I would like to focus on a very important point, which I observed in some cases, when the victim's reaction is courageous, and she decides to report the person who violated her privacy and used her photos or video, without her consent, as this party justifies his position that she is the one who sent him the photos or video. He thought he would get away with it!
This is a mistaken belief, which reflects bad faith and a sick soul, and was addressed in the new Law No. 34 of 2021 regarding combating rumors and cybercrime, as it granted full protection to human privacy, and criminalized assaulting it in any way, even if by simply keeping a photo or video of a person without His satisfaction.
Article 44 of the law stipulates that whoever uses an information network, electronic system, or one of Information technology means, with the intent of attacking a person's privacy or the sanctity of the private or family life of individuals without consent, and in cases other than those authorized by law. Thus, the UAE legislator linked the attack on privacy to the victim's lack of consent, and this indicates beyond any doubt that The pretext of obtaining the photo or video from the victim cannot be a justification for this crime, which reflects the legislator's interest in the human and psychological impact on the victim.
Article 44 specified images of assault, perhaps the most common, including taking pictures of others in any public or private place, or preparing electronic images, transferring, exposing, copying or keeping them.
It also includes publishing news, electronic or photographic images, scenes, comments, data or information, even if they are correct and real, with the intent to harm a person. The penalty is severe if it is proven that a modification or processing of a record, image or scene has been made with the intent to defame or offend another person.
We must all realize that what we cannot publicly publish in terms of photos or videos remains personal, and we must protect it, but even if one of us made a mistake and trusted the wrong person, he must know that there is a law that protects him.
Arbitrator and legal advisor
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