تيم إليوت
Hello and welcome to لوجيكال, wherever in the world you are listening. This is the regular weekly podcast from the Dubai-based law firm HPL Yamalova & Plewka, and it remains the Gulf region’s first and only legal podcast. A weekly opportunity to consider legal questions particular to the United Arab Emirates. I’m Tim Elliott, and I’m here at the firm’s offices on the 18th floor of Reef Tower in Jumeirah Lakes Towers with the managing partner, Ludmila Yamalova. Good to see you again.
لودميلا يامالوفا
Good to see you as well, as always.
تيم إليوت
In this edition, we’re discussing the legal basics we all should know but perhaps don’t. The theme? Ignorance is no excuse. We’ll get into why that’s the case shortly.
Recently, Ludmila, we covered some of what we’re going to discuss today in a different way during a podcast we called Top Tips for Tourists in the UAE. That discussion touched on dress codes, beachwear, public displays of affection, and more. Listeners can find that episode on the LY Lawyers website or wherever they get their podcasts.
Today, though, I want to focus on topics that even long-term UAE residents, like you and I, might not be too sure about. Let’s jump straight in.
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Crossing the street or walking on the road without regard for traffic – otherwise known as jaywalking. How is that viewed in the UAE?
لودميلا يامالوفا
Unsurprisingly, jaywalking is an offense here, just as it is in many other countries. When you cross the road where you’re not supposed to, you create hazards for yourself and others, particularly drivers. The UAE takes this seriously, and jaywalking is penalized with fines.
Shockingly, some individuals still jaywalk across highways like Sheikh Zayed Road. This is not only illegal but extremely dangerous. The law also penalizes attempted jaywalking – for example, if someone steps onto the road but backs off when they realize it’s unsafe.
تيم إليوت
People often complain that drivers don’t stop at pedestrian crossings.
لودميلا يامالوفا
That’s true. Many drivers fail to respect pedestrian crossings, but it is a traffic violation. The authorities are policing this more closely, so we’re starting to see drivers held accountable for such behavior.
تيم إليوت
Frustration while driving can lead to inappropriate hand gestures. How is this viewed legally?
لودميلا يامالوفا
Inappropriate hand gestures are not tolerated in the UAE. They are considered criminal offenses under the penal code. Depending on the gesture, the penalties can include fines, jail time, and even deportation. Tourists and residents alike should avoid gestures that could be deemed offensive.
تيم إليوت
What about swearing or using abusive language in public?
لودميلا يامالوفا
Swearing or using offensive language can result in criminal charges. The offended party doesn’t need to prove harm – simply feeling offended is enough. Convictions can lead to fines, which typically start at AED 1,000, and leave a permanent misdemeanor on your record.
تيم إليوت
Littering is a universal issue. What’s the legal stance here?
لودميلا يامالوفا
Littering is illegal and subject to fines, though the amount depends on the emirate. As we approach Expo 2020, authorities have increased efforts to deter littering and maintain public cleanliness.
تيم إليوت
Is there a legal framework around photography in public spaces?
لودميلا يامالوفا
Yes. Photographing people without their consent is illegal. Additionally, taking photos of certain locations, such as airports, government buildings, and military sites, is prohibited. Tourists must be mindful, especially when photographing public spaces, as unintentionally capturing someone in the frame can lead to complaints.
تيم إليوت
Fundraising seems strictly controlled in the UAE. Why is that?
لودميلا يامالوفا
Charitable activities, including fundraising, require specific government approval. Unauthorized fundraising, even for legitimate causes, can lead to severe penalties. Always check licenses before donating or collecting funds.
تيم إليوت
What are the consequences of sharing someone’s personal or private information?
لودميلا يامالوفا
Sharing someone’s private information without their consent violates privacy laws. It can lead to criminal charges, even if no harm is proven. In some cases, victims may also pursue civil claims for damages.
تيم إليوت
Is washing your car in public spaces, such as parking lots, allowed?
لودميلا يامالوفا
No, it is prohibited. Public car washing can be considered littering or a public nuisance. It’s best to use designated car wash facilities.
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Here’s an unusual one – could passing gas in public ever be considered a criminal offense?
لودميلا يامالوفا
There’s a well-known urban legend about this, but technically, if someone finds it offensive and believes it was intentional, they could file a complaint. However, proving intent would be challenging.
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As with anywhere in the world, the argument “I didn’t know” doesn’t hold up. Ignorance is not an excuse, is it?
لودميلا يامالوفا
No, it’s not. In the UAE, being culturally sensitive and informed about local laws is essential. Dubai is incredibly welcoming, but it’s still a culturally nuanced place. Always pause and think before acting, especially if you’re unsure.
تيم إليوت
Ludmila Yamalova, managing partner at Yamalova & Plewka, thank you for your insights.
لودميلا يامالوفا
Always a pleasure, Tim.
تيم إليوت
That’s another edition of لوجيكال. For legal questions or consultations, visit lylawyers.com, find us on social media, or WhatsApp us at +971 52 525 1611.
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