The publication of a photograph or video on social media may appear harmless to the person sharing it, particularly when the footage is recorded in a public place. However, under UAE law, filming another person and circulating the footage without permission can have serious legal consequences, especially when the publication intrudes on privacy, damages reputation or exposes the individual to ridicule or public contempt.
A recent ruling by the Abu Dhabi Family, Civil and Administrative Cases Court illustrates the financial consequences of such conduct. The court ordered an individual to pay Dh20,000 in compensation after finding that he had filmed another person without consent and subsequently published the footage on TikTok and Snapchat, accompanied by comments that affected the complainant's reputation and personal and professional life.
The decision is significant because it demonstrates that the consequences of unauthorised filming and online publication are not necessarily confined to criminal punishment. A person responsible for violating another individual's privacy may also face a separate civil claim for compensation covering the harm caused by the conduct.
The complainant had sought Dh450,000, claiming material, moral, psychological and social damages, including loss of income. The court, however, awarded Dh20,000 after assessing the circumstances and the evidence presented. A previous criminal conviction, under which the defendant had been fined Dh50,000 and his mobile phone confiscated, had already established the criminal responsibility arising from the incident. The conviction was upheld on appeal.
The case brings into focus several important aspects of UAE legislation, particularly the provisions governing cybercrime, personal privacy, defamation and compensation for moral damage. It also raises a practical question for social media users: where does the freedom to record and share content end, and where does the legal right to privacy begin?
Unauthorised Filming Can Constitute a Criminal Offence
The principal legislation governing such conduct is Federal Decree-Law No. 34 of 2021 on Countering Rumours and Cybercrimes. The law, which came into effect on January 2, 2022, addresses the misuse of information technology to invade privacy, expose personal information and damage another person's reputation.
Article 44 is particularly relevant to unauthorised filming and publication. It criminalises the use of information networks, information technology or information systems with the intention of invading another person's privacy or the sanctity of their private or family life, without consent, except in circumstances authorised by law.
The provision specifically covers recording, transmitting, broadcasting or disclosing conversations and audio or visual material. It also includes taking photographs of third parties in public or private places, transferring or publishing electronic photographs, and publishing news, images, scenes, comments or information, even when the material is true and genuine, if this is done with the intention of harming the individual.
A person convicted under Article 44 can face imprisonment for at least six months and a fine ranging from Dh150,000 to Dh500,000, or either of these penalties.
An important feature of this provision is that the protection is not restricted to private premises. The law expressly refers to photographs taken in both public and private places. Consequently, the argument that an individual was filmed in a public setting does not, by itself, provide a defence against an allegation of unlawful recording or publication.
However, the circumstances and intention behind the conduct remain important. Not every incidental appearance in a photograph or video automatically amounts to a criminal offence. The statutory requirements, including the intention to invade privacy or harm the individual, must be considered in the context of the evidence.
The distinction is particularly important for people who regularly record and upload videos of public encounters, workplace incidents, disputes or interactions with strangers. The fact that a recording can be made using a mobile phone does not mean that it can lawfully be circulated without regard to the rights of the people appearing in it.
Online Insults and Defamation Carry Separate Legal Consequences
Privacy violations are not the only legal risks associated with publishing videos on social media. The comments, captions and descriptions accompanying the footage can independently attract criminal liability if they amount to insult, defamation or slander.
Article 43 of the Cybercrimes Law addresses the use of information networks and information technology to insult another person or attribute a characteristic to them that could expose them to punishment or public contempt.
The prescribed punishment is imprisonment and/or a fine ranging from Dh250,000 to Dh500,000. The law also provides for an aggravated offence when the conduct is directed against a public official or a person entrusted with a public service in connection with the performance of their duties.
This provision is particularly relevant to social media publications because a statement does not have to appear in a newspaper or conventional media outlet to attract legal scrutiny. A TikTok video, Snapchat story, Instagram post, online comment or other electronic publication can become the subject of criminal proceedings if its content satisfies the legal requirements.
The Crimes and Penalties Law, Federal Decree-Law No. 31 of 2021, also contains provisions dealing with defamation, slander and violations of private and family life. Article 431 addresses the unlawful recording of private conversations, photographing individuals in private places and publishing information, photographs or comments concerning their private or family lives, even where the information is true.
These provisions demonstrate an important distinction in UAE law: the truth of published material does not automatically make its disclosure lawful. An individual may still face legal consequences if the manner of obtaining or publishing the information violates another person's protected privacy.
At the same time, not every negative comment amounts to criminal defamation. The nature of the statement, its context, the person against whom it is directed and the applicable statutory requirements are relevant when determining whether an offence has occurred.
Civil Liability Extends Beyond Criminal Punishment
A criminal conviction does not necessarily bring an online privacy dispute to an end. The affected individual may pursue a separate civil claim seeking compensation for the harm caused by the unlawful conduct.
The UAE's Civil Transactions Law provides the legal foundation for such claims. Federal Decree-Law No. 25 of 2025 promulgating the new Civil Transactions Law came into force on June 1, 2026, replacing the previous Civil Transactions Law of 1985.
Article 246 establishes the general principle that a person who causes harm to another is obliged to compensate the injured party. The provisions also clarify that civil liability does not prejudice criminal liability when the conditions for both are satisfied.
This means that an individual responsible for unlawfully recording and circulating another person's video may face criminal proceedings as well as a civil claim for damages.
Article 254 is particularly significant because it expressly recognises moral harm as a basis for civil liability. It identifies infringements of another person's freedom, honour, reputation, social standing or financial status as forms of moral damage.
This recognition is important in cases involving online humiliation and reputational injury. An individual does not necessarily have to demonstrate a direct financial loss to establish that a legally recognisable injury has occurred. Damage to dignity, reputation and social standing can itself justify compensation.
Article 255 further provides that compensation must be assessed according to the extent of the loss suffered and the loss of profit, provided that the loss of profit is a natural consequence of the harmful act.
The court therefore has to consider both the nature of the injury and the evidence supporting the amount claimed.
Why the Court Awarded Dh20,000 Instead of Dh450,000
The Abu Dhabi ruling illustrates the difference between establishing liability and proving the amount of compensation.
The complainant sought Dh450,000, claiming that the unauthorised recording and publication had caused material, moral, psychological and social harm. He also alleged that the incident had affected his professional activities and income.
However, the court awarded Dh20,000 after considering the circumstances of the case and the nature of the damage established before it.
A significant factor was the earlier criminal conviction against the defendant. The criminal court had imposed a Dh50,000 fine and ordered the confiscation of his mobile phone. The conviction was subsequently upheld on appeal.
The criminal judgment provided an important evidential foundation for the civil proceedings. Under the applicable principles governing the relationship between criminal and civil cases, a final criminal judgment establishing the commission of an offence and its attribution to the accused can have binding effect on the civil court in respect of those established matters.
This does not mean that the civil court must automatically accept every amount claimed by the injured party. The existence of wrongdoing and the extent of compensable damage are separate questions.
In this case, the court recognised the harm caused to the complainant's privacy, reputation and psychological well-being but did not accept the full compensation sought.
The distinction is important for anyone considering a civil claim arising from online abuse. A criminal conviction may establish the defendant's responsibility for the underlying act, but the claimant must still provide an adequate basis for the compensation sought.
For example, a claim for lost income may require financial records, evidence of cancelled contracts, loss of business opportunities or other documentation demonstrating a direct connection between the publication and the alleged financial consequences.
A general assertion that a person's reputation or professional activities have suffered may not, by itself, establish the amount of financial loss claimed.
The ruling therefore reinforces the principle that compensation is determined by the harm proved before the court rather than simply by the figure requested in the lawsuit.
One of the important legal aspects of the Abu Dhabi case is the relationship between criminal proceedings and civil compensation claims.
Where the same conduct gives rise to both criminal and civil liability, the two proceedings serve different purposes. Criminal proceedings determine whether an offence has been committed and what punishment should follow. Civil proceedings focus on compensating the person who has suffered legally recognised harm.
A final criminal judgment can therefore play a decisive role in subsequent civil litigation. Where it establishes that the defendant committed the act and identifies the person responsible, the civil court is generally bound by those findings within their legally defined scope.
However, the civil court retains the responsibility of determining the extent of the damage and the appropriate compensation.
This distinction is particularly relevant in online privacy cases, where the victim may suffer several forms of harm. These could include embarrassment, emotional distress, damage to professional standing, loss of business opportunities and disruption to family or social relationships.
Evidence such as screenshots, recordings, publication dates, comments, messages, witness statements and financial records may help establish the nature and extent of the damage.
Does Filming Someone in Public Automatically Require Consent?
The question of consent is particularly relevant in an age when mobile phones and social media have made recording public encounters commonplace.
People routinely film events, public gatherings, road incidents, workplace interactions and disputes. However, the legal position is more complicated than simply determining whether the recording took place in a public or private location.
Article 44 of the Cybercrimes Law expressly includes photographing third parties in public as well as private places. The provision must nevertheless be read as a whole, including its requirement concerning the intention to invade privacy or the sanctity of private or family life.
There are also legally recognised circumstances in which photography or publication may be permitted, including certain forms of public-interest activity and authorised coverage.
The Copyright and Neighbouring Rights Law, Federal Decree-Law No. 38 of 2021, contains additional provisions relevant to the use of photographs and recordings. Article 45 generally restricts the retention, display or publication of photographs and audio or video recordings made under an agreement without the person's authorisation, subject to specified exceptions.
These include certain publicly occurring incidents, government events and activities organised for the public in public places, and publication permitted by competent authorities in the public interest. The provision also requires consideration of whether publication would offend the person's honour or reputation.
The practical implication is that being visible in a public place does not automatically give another person unrestricted permission to record, manipulate or publish footage in any context. Equally, consent requirements and exceptions must be assessed according to the circumstances rather than treated as an absolute prohibition on public photography.
What Should Individuals Do When Their Videos are Published Without Permission?
People who discover that their photographs or videos have been circulated online without authorisation should preserve the available evidence before taking steps to have the material removed.
Screenshots of the original publication, the account details of the person responsible, links to the content, accompanying comments and any subsequent circulation may be relevant to a complaint or legal claim.
Where the publication contains insulting or defamatory material, evidence of its impact may also be important. This could include communications from employers, clients or business associates, records of cancelled commercial arrangements and other documents demonstrating reputational or financial consequences.
An affected individual may consider reporting the matter to the competent authorities and seeking legal advice on the appropriate criminal and civil remedies. The circumstances will determine which provisions apply and whether a separate compensation claim is justified.
It is also important to recognise that deleting an original post does not necessarily eliminate legal responsibility for its earlier publication. Copies may have circulated, and the conduct may already have caused damage.
Social Media Users Cannot Ignore Their Legal Responsibilities
The Abu Dhabi ruling comes at a time when social media platforms have become powerful tools for communication, public commentary and the sharing of information. However, the ability to record and distribute content instantly also creates significant responsibilities for users.
The UAE's legal framework approaches online privacy violations through several complementary areas of law. The Cybercrimes Law addresses the unlawful use of digital platforms to invade privacy and damage reputations, the Crimes and Penalties Law provides additional protection against defamation and violations of private life, while the Civil Transactions Law establishes the basis for compensation when another person suffers harm.
The Dh20,000 award is not a standard compensation amount for every unauthorised video or photograph. Each dispute will depend on its own facts, the nature of the publication, the evidence of wrongdoing and the damage established before the court.
Nevertheless, the ruling sends an important message: recording someone without consent and sharing the footage in a manner that infringes their privacy or damages their reputation can have consequences beyond the removal of a social media post.
For individuals, influencers, content creators and businesses operating in the UAE, understanding these legal boundaries is increasingly important. What may begin as an ordinary social media upload can develop into a criminal case and a substantial civil liability claim.
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