Introduction
Publishing involves the distribution of information to the public for sale or for free, through mediums such as magazines, newspapers, radio, television, or social media. Broadcasting is the electronic communication or transmission of a message, signal, content, or program, through media platforms such as television, radio, or the Internet. Broadcasting is a type of publishing.

Publishing and broadcasting play integral roles in entertaining audiences, disseminating information, and shaping public discourse in the United Arab Emirates (‘ÚAE’). As media platforms evolve, it is vital to maintain a structured framework that governs broadcasting to uphold cultural values, preserve social norms, and safeguard media integrity.

This article will examine the broadcasting and publishing regulations in the UAE with a focus on the publication of content and advertisements.

Licensing and Regulatory Authorities

National Media Council
The UAE’s National Media Council (‘NMC’) was established in 2006 to oversee media development and support initiatives related to the industry. According to Article 1 of Federal Law No. 11/2016 Regulating the Competencies of the NMC, the NMC is “the federal government body that oversees, and is responsible for, media affairs of the State.” The NMC falls under the Media Regulatory Office which operates within the Ministry of Culture and Youth.

In February 2023, His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the UAE, issued a Federal Decree-Law establishing the “UAE Media Council”, headed by the chairman of the National Media Office, aimed to coordinate media efforts and strengthen cooperation between government media entities and the federal and local levels. As per the federal decree, the council replaces the Ministry of Culture and Youth in all competencies, rights, obligations, and legislation related to media. The Media Regulatory Office (‘MRO’) will be transferred to the council. Employees of the office, are to be transferred in coordination between the Ministry of Culture and Youth and the Council. The UAE Media Council held its first meeting in March 2023, and any law or outcome since the formation of the UAE Media Council is yet to be published. Currently, the NMC is the regulatory body responsible for the issuance of licenses for publications or broadcasting audio-visual media. The obligations differ based on each type of license and these are at the discretion of the NMC.

UAE Federal Publications and Publishing Law of 1980 Federal Law No.15 of 1980 concerning Publications and Publishing (the “Publication Law”) governs printing and publishing licensing activities in the UAE. It applies to all forms of media content whether published traditionally, e.g. newspapers, magazines, or through digital means such as television broadcasting.

New Media Resolution

In 2017, the NMC issued Cabinet Resolution No.23 of 2017 Concerning Media Content (the “2017 Resolution”). It expressly expanded the scope of the UAE media regulations to include digital content production and distribution within the UAE, including freezones.

The 2017 Resolution clarified that individuals and companies based in the UAE carrying out ‘media activities’ are required to obtain a license for these pursuits. Media activities include any “activities relating to the production, diffusion, broadcasting, distribution, and transmission of print, digital, and audio-visual information through the Media, including press and publication activities, audio-visual broadcast, films, and any other relevant activities as determined by the Council.”

Some key changes include the determination of age classification criteria for media content such as books, video games, and movies,[13] and the formation of a committee called the “Website Control Committee”, headed by a representative from the NMC.Electronic Media Regulation Resolution 2018 (the “EMR”) In 2018, the EMR was published by the NMC under the 2017 Resolution. The EMR provides guidelines for licensing of media content and electronic media activities.

The following activities are regulated by the EMR:

1. Websites for trading, offering, and selling of audiovisual and print material;
2. On-demand electronic publishing and printing;
3. Specialised websites (e-advertising, new sites, etc.); and
4. Any electronic activity that the NMC may determine to add.

Point (d) gives the NMC wide discretion to expand the list of electronic activities which will require a license from the NMC, as it deems appropriate. This includes influencer-generated content.

Effect on Social Media Influencers

Article 11 of the EMR provided clarity that social media account holders who provide paid commercials must obtain a license in advance from the NMC.

Content Regulations

Owing to the preservation of cultural heritage, religious values, and social customs, which are of significant importance to the UAE, individuals and companies must adhere to strict guidelines to ensure that their content aligns with these principles. Article 4 of the 2017 Resolution provides the standards for the publication of media content. Among others, it includes:

• Respect for Islamic beliefs and other beliefs;
• Respect for the system of government in the State;
• Respect for cultural heritage and national identity of the State;
• Prohibition to publish or broadcast false news;
• Prohibition to publish or broadcast any advertisements, unless after obtaining the consent of competent authorities.

Censorship in Films

Previously, under the Publication Law, any motion picture such as a film or advertisement that is to be displayed in a cinematic manner within the UAE must obtain authorisation from The Censorship Committee on Motion Pictures.

In December 2021, the MRO announced that new films will be released in cinemas without any censorship with a strict implementation of a 21+ age classification policy. However, films still need to adhere to the guidelines within the 2017 Resolution.

Advertising

There are several laws and decisions regulating advertising, including:

1. Publication Law on printed matters and publishing;
2. Federal Law No. 11 of 2016 on the organisation and competencies of the NMC;
3. The Cabinet Resolution No. 19 of 2017 on fees for media services;
4. The 2017 Resolution on media content; and
5. The EMR on electronic media activities.

Influencers’ #Ad

Social media advertisement is considered an electronic advertisement under the EMR, defined as “any paid or unpaid form of presentation and/or promotion of ideas, goods, or services by electronic means, or network applications.”This includes items, services, and experiences an influencer may obtain for free from brands (i.e. “gifts”)

Compliance and Enforcement

Failure to comply with the regulations and decisions set out above can result in penalties, fines, or even license revocation.
The Publication Law sets out penalties for publications that are in violation of the Publication Law, carrying a prison sentence of up to 2 years and a fine of up to AED 20,000.

Conclusion

The publishing and broadcasting laws in the UAE serve as a robust framework to regulate media activities while preserving cultural integrity, societal values, and social harmony. As the media landscape continues to evolve, the UAE is committed to promoting responsible and diverse publications of content that are within the limits of the regulations set out above.